Do I need a license to provide hosting services? (Telematic communication services) Or a conspiracy of consulting companies

    Why do I consider myself competent to answer this question? Our company provides site storage services as part of technical support. And before we began to provide them, the question arose whether we needed a license or not, having looked at the Internet, we came to the conclusion that we needed it. (erroneously)

    Last week I was called to Roskomnadzor to draw up a protocol on an administrative offense, where I found out that a license for hosting was not needed. Not at all needed. And even vice versa is harmful (below details). Therefore, this week we will refuse it and return it.

    Too lazy to read, short answer:
    Not needed.

    If you do not store customer mail on your server and do not provide customers with access to the Internet (most likely, your provider does this for you, where you rent a server or a data center where you placed your server).

    That is, if you are just going to sell capacity and disk space (like most beginner and existing hosting), then you absolutely do not need a license.

    Also, the possibility of providing hosting services without a license is confirmed by Roskomnadzor, upon official request.

    A more detailed answer:
    A conspiracy of consulting services.
    All the information on this issue that you will find is mainly left by consulting companies who write that the license is very necessary and without it you will face huge fines and even criminal liability! After such passions, of course, you will immediately want to get such a protective license, and help in obtaining it costs the company acceptable money from 5 to 20 thousand rubles.

    But it turns out that you will receive a fine on the contrary for obtaining a license:) ...

    What is the danger of obtaining a license ? By obtaining a
    license you agree to deduct 1.2% from receiving payment for services to provide "telematic communication services" or undertake to submit a “zero” report once a quarter that that so far there are no fees for the provision of these services.

    For failure to provide such a report, you face a fine of 30 to 200 thousand rubles (part 3 of article 14.1 of the Code of Administrative Offenses). For example, we did not know this ... However, for the first time it seems like there might be a warning (the court will decide).

    Also, the license obliges you to independently contact the FSB, the Ministry of Emergencies and other bodies, provide all the necessary data to start cooperation. All this is indicated in the appendix to the license and was explained to me by the Roskomnadzor staff.

    Of course, there are different cases and it may not be the same as ours, leave comments, we will try to sort it out together, I also have contacts of Roskomnadzor and I can’t give them, but if the question is complex and everyone will be interested, I can consult the department directly.

    UPD 09/14/16
    For information on how to refuse a license (terminate), read in the comments; if something is not clear, ask.

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