Article 6. State regulation in the field of online platforms and online advertising The Law on Online Platforms and Online Advertising
1. State regulation in the field of online platforms and online advertising is carried out through state control over compliance with the legislation of the Republic of Kazakhstan on online platforms and online advertising.
2. State control over compliance with the legislation of the Republic of Kazakhstan on online platforms and online advertising is carried out by the authorized body in the form of preventive control without visiting the subject (object) of control in accordance with the Business Code of the Republic of Kazakhstan and this Law.
3. The objectives of preventive control without visiting the subject (object) of control are the timely suppression and prevention of violations, granting the subjects of control the right to independently eliminate violations identified by the results of preventive control without visiting the subject (object) of control, and reducing the administrative burden on them.
4. The object of preventive control without visiting the subject (object) of control is the functioning of online platforms, the production, placement, distribution of online advertising.
The subjects of preventive control without visiting the subject (object) of control are moderators of public communities, distributors of online advertising.
5. If violations are detected based on the results of preventive control without visiting the subject (object) of control, a recommendation on the elimination of violations is drawn up and sent no later than five working days from the date of detection of violations.
6. The recommendation on the elimination of violations must be handed over to the subject of control personally against signature or in any other way confirming the facts of sending and receiving a recommendation on the elimination of violations.
A recommendation for the elimination of violations sent in one of the following ways is considered to have been served in the following cases::
1) by express – from the date of the note in the recommendation on the elimination of violations of the receipt;
2) by mail – from the date of notification of receipt of the postal item by registered mail;
3) by electronic means – from the date of sending to the e-mail address of the control entity specified in the request letter.
7. The recommendation to eliminate violations identified by the results of preventive control without visiting the subject (object) of control must be executed within three working days from the day following the day of its delivery.
8. In case of disagreement with the violations specified in the recommendation on the elimination of violations, the control entity has the right to send an objection to the authorized body that sent the recommendation on the elimination of violations within three working days from the day following the day of delivery of the recommendation on the elimination of violations.
9. Preventive monitoring without visiting the subject (object) of control is carried out no more than once a quarter.
This Law regulates public relations related to online platforms operating in the territory of the Republic of Kazakhstan, as well as public relations arising in the process of production, placement, distribution and storage of online advertising in the territory of the Republic of Kazakhstan.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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