Sittings · Document
REPORT (COM(2021)0731 – C90433/2021 – 2021/0381(COD)) 2023-01-26
On the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising
Committee on the Internal Market and Consumer Protection · Rapporteur: Sandro Gozi
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising
(COM(2021)0731 – C90433/2021 – 2021/0381(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2021)0731),
– having regard to Article 294(2) and Articles 16 and 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90433/2021),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the opinion of the Economic and Social Committee of 23 February 2022,
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the opinion of the Committee on Culture and Education, the Committee on Civil Liberties, Justice and Home Affairs, the Committee on Legal Affairs and the Committee on Constitutional Affairs,
– having regard to the report of the Committee on the Internal Market and Consumer Protection (A9-0009/2023),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation
Recital 1
| Text proposed by the Commission | Amendment |
| (1) The supply of and demand for political advertising are growing and increasingly cross-border in nature. A large, diversified and increasing number of services are associated with that activity, such as political consultancies, advertising agencies, “ad-tech” platforms, public relations firms, influencers and various data analytics and brokerage operators. Political advertising can take many forms including paid content, sponsored search results, paid targeted messages, promotion in rankings, promotion of something or someone integrated into content such as product placement, influencers and other endorsements. Related activities can involve for instance the dissemination of political advertising upon request of a sponsor or the publication of content against payment. | (1) The supply of and demand for political advertising are growing and increasingly cross-border in nature. A large, diversified and increasing number of services are associated with that activity, such as political consultancies, advertising agencies, “ad-tech” platforms, public relations firms, influencers and various data analytics and brokerage operators. Political advertising can take many forms including paid content, sponsored search results, paid targeted messages, promotion in rankings, promotion of something or someone integrated into content such as product placement, influencers and other endorsements. Related activities can involve for instance the dissemination of political advertising upon request of a sponsor or the publication of content against payment or other forms of remuneration, including benefits in kind. |
Amendment 2
Proposal for a regulation
Recital 2
| Text proposed by the Commission | Amendment |
| (2) Political advertising can be disseminated or published through various means and media across borders. It can be disseminated or published via traditional offline media such as newspapers, television and radio, and also increasingly via online platforms, websites, mobile applications, computer games and other digital interfaces. The latter are not only particularly prone to be offered cross-border, but also raise novel and difficult regulatory and enforcement challenges. The use of online political advertising is strongly increasing, and certain linear offline forms of political advertising, such as radio and television, are also offered online as on-demand services. Political advertising campaigns tend to be organised to make use of a range of media and forms. | (2) Political advertising can be disseminated or published through various means and media across borders both online and offline. It is rapidly increasing as it can be disseminated or published via traditional offline media such as newspapers, television and radio, and also increasingly via online platforms, websites, mobile applications, computer games and other digital interfaces. The latter are not only particularly prone to be offered cross-border, but also raise novel and difficult regulatory and enforcement challenges. The use of online political advertising is strongly increasing, and certain linear offline forms of political advertising, such as radio and television, are also offered online as on-demand services. Political advertising campaigns tend to be organised to make use of a range of media and forms. |
Amendment 3
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
| (4) The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature, and where it is targeted. Transparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, and how they are being targeted by an advertising service provider, so that voters are better placed to make informed choices. | (4) The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. Furthermore, the increasingly sophisticated and intense interference by malign foreign actors in our democratic electoral processes through the spread of disinformation should be tackled. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature, where it comes from sponsors outside of the Union or where it is targeted or amplified. A high level of transparency is necessary inter alia to support an open and fair political debate, political campaigns and free and fair elections or referendums and to combat disinformation and unlawful interference, including from third countries. Transparency of political advertising contributes to enabling voters and individuals in general to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, as well as how and why they are being targeted by an advertising service provider, so that voters are better placed to make informed choices. |
Amendment 4
Proposal for a regulation
Recital 4 a (new)
| Text proposed by the Commission | Amendment |
| (4a) Providers of advertising services which are intermediary service providers within the meaning of Regulation (EU) 2022/2065 (Digital Services Act) involved in the presentation of political advertising on their interface or the interface of another service provider should be encouraged to establish, implement and publish tailored policies and measures to prevent the placement of political advertising together with disinformation, including by participation in wider disinformation demonetisation initiatives such as the Code of practice on disinformation. |
Amendment 5
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
| (5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way. | (5) In the context of political advertising, targeting and ad delivery techniques are frequently used. Targeting techniques should be understood as techniques that are used to tailor political advertisement only to a specific person or group of persons or to exclude them by processing personal data. Ad delivery techniques should be understood as automated techniques of processing of personal data that are used to determine a specific audience, as a specific person or group of persons within the potential audience, for the dissemination of political advertisements. Such techniques are used by political advertising publishers and especially by very large online platforms within the meaning of Regulation (EU) 2022/2065 (Digital Services Act), to deliver political advertisements to a targeted audience based on personal data and on the content of advertisements. Delivering advertisements using such techniques involves the use of opaque algorithms and can differ from what the sponsors and providers of advertising services, acting on behalf of sponsors, intended, making some users less likely than others to see particular political advertisements. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, freedom of expression, equal opportunities and transparency in the electoral process and the fundamental rights to be informed in an objective, transparent and pluralistic way, to privacy and the protection of personal data and equality and non-discrimination. |
Amendment 6
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national legislation are likely to exist in some Member States resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising. | (6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services, which directly affect the capacity to conduct cross-border and pan-European political campaigns. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes are likely to exist in the national legislation of some Member States, as well as in Union legislation, resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising. |
Amendment 7
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
| (8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers, and requires complex compliance efforts and additional costs for relevant service providers. | (8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, promoting, publishing, delivering or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers as a consequence of the disparity in the level of obligations and compliance between those different types of service providers, and requires complex compliance efforts and additional costs for relevant service providers. |
Amendment 8
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
| (9) In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross-border situations. This is particularly true for microenterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the preparation, placement, publication or dissemination of political advertising in more than one Member State. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi-medium and multi-national campaigns within the internal market. | (9) In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross-border situations. This is particularly true for microenterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the preparation, placement, promotion, publication or dissemination of political advertising in more than one Member State. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi-medium and multi-national campaigns within the internal market. |
Amendment 9
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
| (10) A consistent and high level of transparency of political advertising throughout the Union should therefore be ensured when political advertising services are provided, while divergences hampering the free circulation of related services within the internal market should be prevented, by laying down uniform transparency obligations for providers of political advertising services guaranteeing the uniform protection of rights of persons and supervision throughout the internal market based on Article 114 of the TFEU. | (10) A consistent and high level of transparency of political advertising throughout the Union should therefore be ensured when political advertising services are provided, while divergences hampering the free circulation of related services within the internal market should be prevented, by laying down harmonised rules on provision of political advertising services, and on transparency and due diligence for sponsors and providers of political advertising services guaranteeing the uniform protection of rights of persons and supervision throughout the internal market based on Article 114 of the TFEU. |
Amendment 10
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
| (11) Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency in political advertising. Full harmonisation of the transparency requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising. | (11) Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency in political advertising. Full harmonisation of the transparency and due diligence requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising. |
Amendment 11
Proposal for a regulation
Recital 13
| Text proposed by the Commission | Amendment |
| (13) This Regulation should not affect the substantive content of political advertising nor rules regulating the display of political advertising including so-called silence periods preceding elections or referendums. | (13) This Regulation should neither affect the content of political advertising nor Union or Member States rules regulating the content of political advertising, presentation of political advertisiements, electoral periods and the conduct of political campaigning including advertising bans. Furthermore, this Regulation should not affect, in particular, the fundamental right to freedom of opinion and freedom of speech. |
Amendment 12
Proposal for a regulation
Recital 13 a (new)
| Text proposed by the Commission | Amendment |
| (13a) The specific needs of micro, small and medium-size enterprises should be taken into account in the application and enforcement of this Regulation, in line with the principle of proportionality. The notion of micro, small and medium-sized enterprises should be understood within the meaning of Directive 2013/34/EU. |
Amendment 13
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
| (14) The Regulation should provide for harmonised transparency requirement applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and amplification are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include advertising entirely prepared, placed or published by service providers established outside the Union but disseminated to individuals in the Union. To determine whether a political advertisement is directed to individuals in a Member State, account should be taken of factors linking it to that Member State, including language, context, objective of the advertisement and its means of dissemination. | (14) The Regulation should provide for harmonised transparency and due diligence requirements applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication, delivery and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and ad delivery techniques in the context of the promotion, publication, delivery or dissemination of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and ad delivery are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include advertising entirely prepared, placed, promoted, published delivered or disseminated by service providers established outside the Union but disseminated to individuals in the Union. To determine whether a political advertisement is directed to individuals in a Member State, account should be taken of factors linking it to that Member State, including language, context, objective of the advertisement and its means of dissemination. |
Amendment 14
Proposal for a regulation
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
| (14a) The specificities of the medium of publication or dissemination of the political advertisement should be taken into account in the application and enforcement of this Regulation. |
Amendment 15
Proposal for a regulation
Recital 14 b (new)
| Text proposed by the Commission | Amendment |
| (14b) This Regulation should recall the importance of the principle of non-discrimination in the cross-border provision of political advertising services in the Union. Providers of political advertising services should not discriminate against sponsors legally established in the Union, including in the case of cross-border services to European political parties, as it would harm the possibility for the conduction of cross-border political campaigns, essential to foster a European public sphere. However, refusal to provide services in a Member State where providers of political advertising services do not conduct business does not constitute discrimination as such service providers should not be compelled to conduct business in a Member State in which they are not economically active. |
Amendment 16
Proposal for a regulation
Recital 14 c (new)
| Text proposed by the Commission | Amendment |
| (14c) A solid body of evidence shows that foreign actors have been actively interfering in the democratic functioning of the Union and its Member States, particularly during election and referendum periods. Considering that foreign interferences constitute a serious violation of values and principles on which the Union is funded and moreover, foreign interferences, information manipulation and disinformation are an abuse of the fundamental freedoms of expression and information as laid down in Article 11 of the Charter and threaten these freedoms, as well as undermining democratic processes in the EU and its Member States, such as the holding of free and fair elections, it is necessary to take appropriate measures to combat disinformation and prevent such interferences by means of advertisements sponsored by actors coming from outside the Union. To support the enforcement of national rules concerning external interference in elections, it is necessary to ensure that political advertising sponsored, prepared, placed, promoted, published, delivered or disseminated in the Union, or directed to individuals in one or more Member States, regardless of the place of establishment of service providers, can be supplied only to sponsors who are citizens of the Union, and to service providers acting on behalf of such sponsors, in addition to natural or legal persons residing or established in the Union. For the purposes of determining the place of establishment of a sponsor, the place of establishment of entities ultimately controlling the sponsor should be taken into account. |
Amendment 17
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
| (15) There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and amplification. This definition should cover the many forms that political advertising can take and any means and mode of publication or dissemination within the Union, regardless of whether the source is located within the Union or in a third country. | (15) There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and ad delivery. This definition should cover the many forms that political advertising can take and any means and mode of publication or dissemination within the Union, regardless of whether the source is located within the Union or in a third country. |
Amendment 18
Proposal for a regulation
Recital 16
| Text proposed by the Commission | Amendment |
| (16) The definition of political advertising should include advertising published or disseminated directly or indirectly by or published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature. | (16) The definition of political advertising should include advertising prepared, placed, promoted, published, delivered or disseminated directly or indirectly by or prepared, placed, promoted, published, delivered or disseminated by any means directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, or the outcome of an election or referendum, except for messages of purely private or purely commercial nature. In order to determine that a message is of a purely private or purely commercial nature, account should be taken of all relevant factors, such as its content, the language used to convey it, the context in which it is conveyed, its objective and the means by which it is promoted, published or disseminated. Messages concerning a political actor’s family status or business activities can be purely private or purely commercial. In addition, the definition of political advertising should include prepared, placed, promoted, published, delivered or disseminated messages which are liable to influence the outcome of an election or referendum or a legislative or regulatory process or voting behaviour. Those messages cannot be considered as purely private or purely commercial. Those messages can originate from any natural or legal person, including from official sources, such as governments, public authorities, institutions or bodies. However, if their messages are strictly limited to the announcement of elections or referendums or of the modalities for participation into elections or referendums, they shall be excluded from the scope. |
Amendment 19
Proposal for a regulation
Recital 17
| Text proposed by the Commission | Amendment |
| (17) The publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour. | (17) The promotion, publication, delivery or dissemination by other actors of a message that is liable to influence, the outcome of an election or referendum, legislative or regulatory process or voting behaviour or the public opinion on societal or controversial issues at Union, national, regional, local or at a political party level should also constitute political advertising. A legislative or regulatory process should include decision making having binding effects of general application at the local, regional, national or European level. In order to determine whether the publication, promotion or dissemination of a message is liable to influence, the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all factors relevant at the time the message was promoted, published, delivered or disseminated, such as the identity of the sponsor of the message, the form and the content of the message, the spoken or written language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is promoted, published, delivered or disseminated, the audience targeted and the objective of the message. |
Amendment 20
Proposal for a regulation
Recital 17 a (new)
| Text proposed by the Commission | Amendment |
| (17a) Communication of a political party with its current or former members is an inherent part of the membership in a political party and should not constitute political advertising. |
Amendment 21
Proposal for a regulation
Recital 17 b (new)
| Text proposed by the Commission | Amendment |
| (17b) Commercial advertising and marketing practices can legitimately affect consumers' perceptions of products and services or their buying behaviour, including through brand differentiation based on company actions in the field of corporate social responsibility, delivering social impact, or any other types of purpose-driven engagement. Commercial advertising in some cases may be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, in which case this Regulation should apply. |
Amendment 22
Proposal for a regulation
Recital 17 c (new)
| Text proposed by the Commission | Amendment |
| (17c) For the effective implementation of the requirements of this Regulation, and in particular to support the sponsors of advertising and service providers acting on behalf of the sponsors in declaring political advertising, and to support providers of political advertising services in facilitating and appropriately administrating such declarations, it is necessary for the Commission to draw up common guidance. |
Amendment 23
Proposal for a regulation
Recital 18
| Text proposed by the Commission | Amendment |
| (18) Practical information from official sources regarding the organisation and modalities for participation in the elections or referendums should not constitute political advertising. | (18) Practical information from official sources strictly limited to the announcement of elections or referendums or of the modalities for participation in the elections or referendums should not constitute political advertising. |
Amendment 24
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
| (19) Political views expressed in the programmes of audiovisual linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation. | (19) The media contribute to the well-functioning of democratic processes and play an essential role in the freedom of expression and right to information, particularly during election periods. They provide a space for public debate and contribute to public opinion-forming. This Regulation should not affect the editorial freedom of the media. Political views and opinions or other editorial content expressed or disseminated for journalistic purposes or under the editorial responsibility of a media service provider should not be considered political advertising and should not be covered by this Regulation, if no payment or other remuneration is provided by third parties specifically for the expression of the views or opinions. Such political views and opinions which are additionally promoted, published or disseminated by service provider should in any case be considered to be political advertising. Journalistic practices established either in national law or by media and press councils in accordance with Union law, including the Charter of Fundamental Rights, should apply. Any form of surreptitious advertising should be prohibited. |
Amendment 25
Proposal for a regulation
Recital 19 a (new)
| Text proposed by the Commission | Amendment |
| (19a) Media literacy is central to allow individuals to use media effectively and safely. It is also an essential skill for the public to benefit from the access to information on political advertisement provided by this Regulation. Therefore, it is important to promote the development of media literacy in Member States and at Union level, in all sections of the society, for individuals of all ages. |
Amendment 26
Proposal for a regulation
Recital 21
| Text proposed by the Commission | Amendment |
| (21) It is necessary to define political advertisement as an instance of political advertising. Advertisements include the means by which the advertising message is communicated, including in print, by broadcast media or via an online platforms service. | (21) It is necessary to define political advertisement as an instance of political advertising. Advertisements include the means by which the advertising message is communicated, including in print, by broadcast media, online media portals, on web pages showing results from search engine queries or via an online platforms service. |
Amendment 27
Proposal for a regulation
Recital 24
| Text proposed by the Commission | Amendment |
| (24) An advertising campaign should refer to the preparation, publication and dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship and funding. It should include the preparation, placement, promotion, publication and dissemination of an advertisement or versions of an advertisement on different media and at different times within the same electoral cycle. | (24) An advertising campaign should refer to the preparation, placement, promotion, publication, delivery and dissemination of a series of linked advertisements in the course of a contract for political advertising services, on the basis of common preparation, sponsorship and funding. It should include the preparation, placement, promotion, publication, delivery and dissemination of an advertisement or versions of an advertisement on different media and at different times within the same electoral cycle or legislative process. |
Amendment 28
Proposal for a regulation
Recital 25
| Text proposed by the Commission | Amendment |
| (25) The definition of political advertising should not affect national definitions of political party, political aims or campaign periods at national level. | (25) The definition of political advertising should not affect national definitions of political party, political aims or political campaign periods at national level. |
Amendment 29
Proposal for a regulation
Recital 26
| Text proposed by the Commission | Amendment |
| (26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the preparation, placement, promotion, publication and dissemination of political advertising. | (26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the preparation such as the design and planning of an advertisement or campaign, or in the placement, promotion, publication, delivery and dissemination of political advertising. For example, providers of political advertising services may initiate political advertising services on behalf of sponsors. The provision of targeting and ad delivery techniques in the context of political advertising should be understood to be a political advertising service. |
Amendment 30
Proposal for a regulation
Recital 26 a (new)
| Text proposed by the Commission | Amendment |
| (26a) Providers of purely ancillary services in relation to political advertising, which are provided in addition to and which merely complement the preparation, placement, promotion, publication and dissemination of political advertising, should not be understood as providers of political advertising services within the meaning of this Regulation. Ancillary services are services that typically depend on and complement a political advertising service. Such services can include transportation, financing and investment, purchasing, sales, catering, marketing, computer services, cleaning and maintenance. |
Amendment 31
Proposal for a regulation
Recital 26 b (new)
| Text proposed by the Commission | Amendment |
| (26b) A sponsor should be understood as the person on whose behalf political advertising is prepared, placed, promoted, published or disseminated, for instance an individual candidate in an election or a political party or political organisation. |
Amendment 32
Proposal for a regulation
Recital 26 c (new)
| Text proposed by the Commission | Amendment |
| (26c) Political advertising publishers should be understood as providers of political advertising services, usually at the end of the chain of service providers, promoting, publishing, delivering or disseminating political advertising by broadcasting, making it available through an interface or otherwise bringing it to the public. |
Amendment 33
Proposal for a regulation
Recital 27
| Text proposed by the Commission | Amendment |
| (27) The notion of political advertising services should not include messages that are shared by individuals in their purely personal capacity. Individuals should not be considered as acting in their personal capacity if they are publishing messages the dissemination or publication of which is paid for by another. | (27) The notion of political advertising should not include messages that are shared by individuals in their purely personal capacity. Individuals should not be considered as acting in their personal capacity if they are publishing messages the dissemination or publication of which involves remuneration or benefits in kind from third parties. |
Amendment 34
Proposal for a regulation
Recital 28
| Text proposed by the Commission | Amendment |
| (28) Once an advertisement is indicated as being connected to political advertising, this should be clearly indicated to other service providers involved in the political advertising services. In addition, once an advertisement has been identified as political advertisement, its further dissemination should still comply with transparency requirements. For instance, when sponsored content is shared organically, the advertising should still be labelled as political advertising. | (28) Once the sponsor declares an advertisement to be political, this should be clearly and without delay indicated to other service providers involved in the political advertising services. In addition, once an advertisement has been identified as political, its further dissemination should still comply with transparency and due diligence requirements. For instance, when a political advertisement is shared organically, the it should still be labelled as political. |
Amendment 35
Proposal for a regulation
Recital 28 a (new)
| Text proposed by the Commission | Amendment |
| (28a) To guarantee the effectiveness of the transparency and due diligence requirements, sponsors and providers of advertising services acting on behalf of sponsors should transmit in good faith relevant information in a timely, clear, complete and accurate manner to enable the other providers of services in the chain to comply with the Regulation. When the political advertising publisher is the only provider of political advertising services, the sponsor should communicate such information to the political advertising publisher. |
Amendment 36
Proposal for a regulation
Recital 28 b (new)
| Text proposed by the Commission | Amendment |
| (28b) Where providers of political advertising services become aware of a manifest error, inaccuracy or incompleteness in the declaration that advertising is or is not political, or in the information communicated, providers of political advertising services should require the sponsors to ensure that such manifest error, inaccuracy or incompleteness is corrected. |
Amendment 37
Proposal for a regulation
Recital 28 c (new)
| Text proposed by the Commission | Amendment |
| (28c) A declaration or information should be considered manifestly erroneous if it is apparent from the advertising, the sponsor, or the context in which the relevant service is provided, without further verifications or fact-finding exercises. |
Amendment 38
Proposal for a regulation
Recital 28 d (new)
| Text proposed by the Commission | Amendment |
| (28d) Reasonable efforts should include diligent and objective measures, such as contacting the sponsor or the service providers concerned to complete or correct the information. Account should be taken of the nature and importance of the erroneous or missing information in relation to the requirements laid down by this Regulation. Reasonable efforts should also be reflected in the contractual arrangements among service providers and with the sponsor, where relevant. The provider of political advertising services should not be required to engage in excessive or costly fact-finding exercises or complex contact with the sponsor or the providers of political advertising services concerned. |
Amendment 39
Proposal for a regulation
Recital 29
| Text proposed by the Commission | Amendment |
| (29) The rules on transparency laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally provided against remuneration, which may include a benefit in kind. The transparency requirements should not apply to content uploaded by a user of an online intermediary service, such as an online platform, and disseminated by the online intermediary service without consideration for the placement, publication or dissemination for the specific message, unless the user has been remunerated by a third party for the political advertisement. | (29) The rules on transparency, due diligence and data protection laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally provided against remuneration, which may include a benefit in kind. The requirements should not apply to content uploaded by a user of an online intermediary service, such as an online platform, and disseminated by the online intermediary service without consideration for the placement, publication, delivery or dissemination for the specific message, unless the user has been remunerated, or received benefit in kind, by a third party for the political advertisement. |
Amendment 40
Proposal for a regulation
Recital 30
| Text proposed by the Commission | Amendment |
| (30) The transparency requirements should also not apply to the sharing of information through electronic communication services such as electronic message services or telephone calls, as long as no political advertising service is involved. | (30) The transparency requirements should also not apply to the sharing of information through electronic interpersonal communication services such as electronic message services or telephone calls, as long as no political advertising service is involved. |
Amendment 41
Proposal for a regulation
Recital 31
| Text proposed by the Commission | Amendment |
| (31) Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. Every limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. That is inter alia the case where the political ideas are communicated through advertising service providers. | (31) Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. Every limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are necessary and justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. That is inter alia the case where the political ideas are communicated through advertising service providers. Freedom of expression is one of the cornerstones of a lively democratic debate. |
Amendment 42
Proposal for a regulation
Recital 31 a (new)
| Text proposed by the Commission | Amendment |
| (31a) Given the importance of political advertising, it is essential that this Regulation ensures a regulatory framework which ensures full, equal and unrestricted access to political advertising services and their required transparency information for all recipients, including persons with disabilities. Therefore, it is important that accessibility requirements for providers of political advertising services are consistent with existing Union law, such as the European Accessibility Act and the Web Accessibility Directive and that Union law is further developed, so that no one is left behind as result of digital innovation. |
Amendment 43
Proposal for a regulation
Recital 32
| Text proposed by the Commission | Amendment |
| (32) As regards online intermediaries, Regulation (EU) 2021/XX [Digital Services Act] applies to political advertisements published or disseminated by online intermediaries through horizontal rules applicable to all types of online advertising, including commercial and political advertisements. Based on the definition of political advertising established in this Regulation, it is appropriate to provide additional granularity of the transparency requirements laid out for advertising publishers falling under the scope of Regulation (EU) 2021/XX [Digital Services Act], notably very large platforms. This concerns in particular information related to the funding of political advertisements. The requirements of this Regulation leave unaffected the provisions of the Digital Services Act, including as regards risk assessment and mitigation obligations for very large online platforms as regards their advertising systems. | (32) As regards online intermediaries, Regulation (EU) 2022/2065 (Digital Services Act) applies to political advertisements published or disseminated by online intermediaries through horizontal rules applicable to all types of online advertising, including commercial and political advertisements. Based on the definition of political advertising established in this Regulation, it is appropriate to provide additional granularity of the transparency requirements laid out for advertising publishers falling under the scope of Regulation (EU) 2022/2065 (Digital Services Act), notably very large online platforms. This concerns in particular information related to the funding of political advertisements. The requirements of this Regulation leave unaffected the provisions of the Digital Services Act, but should inform the risk assessment and mitigation obligations for very large online platforms as regards their advertising systems including the targeting and ad delivery techniques of political advertising services employed. To assist Member States and service providers, the Commission should provide guidelines on the interaction between and complementary nature of different Union legal acts and this Regulation and on the interpretation of any similar requirements therein. |
Amendment 44
Proposal for a regulation
Recital 33
| Text proposed by the Commission | Amendment |
| (33) The preparation, placement, promotion, publication and dissemination of political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting criteria, the provision of data used for the targeting of an advertisement, the provisions of targeting techniques, the delivery of an advertisement and its dissemination may be controlled by different service providers. For instance, automated services can support matching the profile of the user of an interface with the advertising content provided, using personal data collected directly from the user of the service and from the users’ online conduct, as well as inferred data. | (33) The preparation, placement, promotion, publication, delivery and dissemination of political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting and ad delivery criteria, the provision of data used for the targeting and delivery of an advertisement, the provisions of targeting and ad delivery techniques, the delivery of an advertisement and its dissemination may be controlled by different service providers. |
Amendment 45
Proposal for a regulation
Recital 34
| Text proposed by the Commission | Amendment |
| (34) In view of the importance of guaranteeing in particular the effectiveness of the transparency requirements including to ease their oversight, providers of political advertising services should ensure that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is provided to the political advertising publisher which brings the political advertisement to the public. In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should consider and support automating the transmission of information among providers of political advertising services. | (34) In view of the importance of guaranteeing in particular the effectiveness of the transparency and due diligence requirements including to ease their oversight, sponsors and where relevant providers of political advertising services acting on behalf of sponsors should ensure the accuracy of information that they provide. Providers of political advertising services should ensure that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is complete, and it is provided to the political advertising publisher which disseminates the political advertisement. In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should transmit this information at the same time with the provision of the relevant service, and consider and support automating the transmission of information among providers of political advertising services by adapting their online interfaces to facilitate compliance. When providers of political advertising services become aware that information which they have transmitted has been updated, they should ensure that this updated information is communicated to the relevant political advertising publisher. |
Amendment 46
Proposal for a regulation
Recital 36
| Text proposed by the Commission | Amendment |
| (36) Steps could also include providing an efficient mechanism for individuals to indicate that a political advertisement is political, and taking effective action in response to such indications. | (36) Steps could also include advertising publishers providing an efficient mechanism for individuals to indicate that an advertisement is political, and taking effective action in response to such indications. |
Amendment 47
Proposal for a regulation
Recital 37
| Text proposed by the Commission | Amendment |
| (37) While providing for specific requirements, none of the obligations laid down in this Regulation should be understood as imposing a general monitoring obligation on intermediary service providers for political content shared by natural or legal persons, nor should they be understood as imposing a general obligation on intermediary service providers to take proactive measures in relation to illegal content or activities which those providers transmit or store. | (37) While providing for specific requirements, none of the obligations laid down in this Regulation should be understood as imposing a general monitoring obligation on intermediary service providers for political content organically shared by natural or legal persons, nor should they be understood as imposing a general obligation on intermediary service providers to take proactive measures in relation to illegal content or activities which those providers transmit or store. |
Amendment 48
Proposal for a regulation
Recital 38
| Text proposed by the Commission | Amendment |
| (38) Transparency of political advertising should enable citizens to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in connection to each political advertisement of a clear statement to the effect that it is a political advertisement and of the identity of its sponsor. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising. They should also ensure the publication in connection to each political advertisement of information to enable the wider context of the political advertisement and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a link or equivalent clear and user-friendly direction included in the advertisement. | (38) Transparency of political advertising should enable individuals to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in each political advertisement of a clear statement that it is a political advertisement, of the identity of its sponsor and of the political campaign it is part of. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should ensure that advertisements that are political should be correctly labelled as such and to make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising. In light of technological and other developments in relevant scientific research and market practices, the Commission should adopt a delegated act establishing harmonised and efficient labelling techniques for political advertisement. |
Amendment 49
Proposal for a regulation
Recital 39
| Text proposed by the Commission | Amendment |
| (39) This information should be provided in a transparency notice which should also include the identity of the sponsor, in order to support accountability in the political process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article 14, 15 and 19 of Regulation (EU) 2021/XXX [Digital Services Act]. | (39) This information should be provided in a transparency notice which should also include the identity of the sponsor and where applicable, the entity ultimately controlling the sponsor, in order to support accountability in the political process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should be available at the moment the advertising is published or disseminated, and the information it contains should be kept up to date. The transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article 16 and 17 of Regulation (EU) 2022/2065 (Digital Services Act). |
Amendment 50
Proposal for a regulation
Recital 40
| Text proposed by the Commission | Amendment |
| (40) The information to be included in the transparency notice should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisement. The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or with the advertisement. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive 2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities. | (40) Political advertising publishers should ensure that each political advertisement contains a clear indication of where the transparency notice could be easily retrieved. The presentation of the information may vary depending on the means used. In order to easily retrieve the information in the transparency notice, use could be made for instance of a link to a dedicated webpage, onscreen or via audio means, a Quick Response code (QR code), or equivalent user-friendly technical measures. The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or with the advertisement. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive (EU) 2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities. |
Amendment 51
Proposal for a regulation
Recital 41
| Text proposed by the Commission | Amendment |
| (41) Transparency notices should be designed to raise user awareness and help the clear identification of the political advertisement as such. They should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. The information included in the transparency notice should be published when the publication of the political advertisements start and be retained for a period of one year after the last publication. The retained information should also include information about political advertising which was terminated or which was taken down by the publisher. | (41) Transparency notices should be designed to raise user awareness and help the clear identification of the political advertisement as such. They should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. The information included in the transparency notice should be published when the publication of the political advertisements start and be retained for a period of ten years one year after the last publication. The retained information should also include information about political advertising which was terminated or which was taken down by the publisher and the reason for the removal. |
Amendment 52
Proposal for a regulation
Recital 42
| Text proposed by the Commission | Amendment |
| (42) Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement. Political advertising publishers should not make available to the public those political advertisements not fulfilling the transparency requirements under this Regulation. In addition, political advertising publishers which are very large online platforms within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 30 Regulation [Digital Services Act] . This will facilitate the work of interested actors including researchers in their specific role to support free and fair elections or referendums and fair electoral campaigns including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape. | (42) Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement. Where political advertising publishers become aware that a political advertisement does not fulfil the transparency requirements under this Regulation, they should make best efforts to fulfil the requirements under this Regulation. When the information cannot be completed or corrected without undue delay, political advertising publishers should not make available or should discontinue the placement, promotion, publication, delivery or dissemination to the public of the political advertisements not fulfilling the transparency requirements under this Regulation. In such situation, political advertising publishers should inform the provider of services concerned and, where relevant the sponsor, of the reasonable steps taken to fulfil the requirements under this Regulation. |
Amendment 53
Proposal for a regulation
Recital 42 a (new)
| Text proposed by the Commission | Amendment |
| (42a) When complying with these obligations, providers of political advertising services should act with due regard to fundamental rights, and other rights and legitimate interests. Providers of political advertising services should in particular pay due regard to freedom of expression and access to information, including media freedom and pluralism. |
Amendment 54
Proposal for a regulation
Recital 42 b (new)
| Text proposed by the Commission | Amendment |
| (42b) This Regulation should facilitate the work of interested actors, including researchers, in their specific role to support free and fair elections or referendums and fair electoral campaigns, including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape. Therefore, political advertising publishers which are Very Large Online Platforms (VLOPs) within the meaning of Regulation (EU) 2022/2065 (Digital Services Act) and Very Large Online Search Engines (VLOSEs) as defined in Regulation (EU) 2022/2065 (Digital Services Act) should make the information contained in the transparency notice available and update it, in real time, through the repositories of advertisements published pursuant to Regulation (EU) 2022/2065 (Digital Services Act). |
Amendment 55
Proposal for a regulation
Recital 42 c (new)
| Text proposed by the Commission | Amendment |
| (42c) The Commission should establish a European repository for online political advertsiments to support political advertising publishers that are not VLOPs within the meaning of Regulation (EU) 2022/2065 (Digital Services Act) and VLOSEs as defined in Regulation (EU) 2022/2065 (Digital Services Act) to comply with the provisions of this Regulation. Political advertising publishers which are not VLOPs within the meaning of Regulation (EU) 2022/2065 (Digital Services Act) and VLOSEs as defined in Regulation (EU) 2022/2065 (Digital Services Act) should ensure that the information contained in the transparency notice is made available in the European repository for online political advertisements without undue delay, and no later than 24 hours. Information made available on the interface of political advertising publishers should be provided in a machine readable format according to common data structure and standards, developed by the Commission in consultation with relevant stakeholders. Information in the repositories of VLOPs and VLOSEs and information in the European repository for online political advertisements should be connected via a common application programming interface and be publicly accessible via a single portal. |
Amendment 56
Proposal for a regulation
Recital 44
| Text proposed by the Commission | Amendment |
| (44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article 3(3) of Directive 2013/34/EU. | (44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting or delivery of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article 3, paragraphs 1 to 3, of Directive 2013/34/EU. |
Amendment 57
Proposal for a regulation
Recital 45
| Text proposed by the Commission | Amendment |
| (45) Political advertising publishers providing political advertising services should put in place mechanisms to enable individuals to report to them that a particular political advertisement which they have published does not comply with this Regulation. The mechanisms to report such advertisement should be easy to access and use, and should be adapted to the form of advertising distributed by the advertising publisher. As far as possible, these mechanisms should be accessible from the advertisement itself, for instance on the advertising publisher’s website. Political advertising publishers should be able to rely on existing mechanisms where appropriate . Where political advertising publishers are online hosting services providers within the meaning of the Digital Services Act, with regards to the political advertisements hosted at the request of the recipients of their services, the provisions of Article 14 of the Digital Services Act continue to apply for notifications concerning non-compliance of such advertisements with this Regulation. | (45) Political advertising publishers providing political advertising services should put in place mechanisms to enable individuals to report to them that a particular political advertisement which they have published does not comply with this Regulation. The mechanisms to report such advertisement should be easy to access and use, and should be adapted to the form of advertising distributed by the advertising publisher. As far as possible, these mechanisms should be accessible from the advertisement itself, for instance on the advertising publisher’s website. Political advertising publishers should be able to rely on existing mechanisms where appropriate . Where political advertising publishers are online hosting services providers within the meaning of the Digital Services Act, with regards to the political advertisements hosted at the request of the recipients of their services, the provisions of Article 16 of the Digital Services Act continue to apply for notifications concerning non-compliance of such advertisements with this Regulation. Where political advertising publishers are online hosting services providers within the meaning of Regulation (EU) 2022/2065 (Digital Services Act), with regard to the political advertisements hosted at the request of the recipients of their services, political advertising publishers should be able to rely on the notice mechanism pursuant to Regulation (EU) 2022/2065 (Digital Services Act) for notifications concerning non-compliance of such advertisements with this Regulation. |
Amendment 58
Proposal for a regulation
Recital 45 a (new)
| Text proposed by the Commission | Amendment |
| (45a) Where a particular advertisement does not comply with this Regulation, mechanisms provided by the publisher should enable individuals to flag the advertisement concerned. Where those mechanisms are not available, individuals should be able to report such political advertisement directly to the competent authorities. |
Amendment 59
Proposal for a regulation
Recital 45 b (new)
| Text proposed by the Commission | Amendment |
| (45b) The political advertising publishers should make reasonable efforts to address in a timely, diligent and objective manner the notifications received pursuant to this Regulation, by contacting the relevant service providers and, as relevant, the sponsor. The political advertising publisher should inform the author of the notification and the service providers concerned of the follow up given to the notification and provides information on redress possibilities, including under Directive (EU) 2020/1828 of the European Parliament and of the Council1a, in respect of the advertisement to which the notification relates. Where a notification contains sufficient information to enable a diligent provider of political advertising services to identify, without a detailed examination and complex contact process, that it is clear that information is missing or incomplete, the political advertising publisher should act without undue delay. | |
| __________________ | |
| 1a Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1). |
Amendment 60
Proposal for a regulation
Recital 45 c (new)
| Text proposed by the Commission | Amendment |
| (45c) In order to ensure the effectiveness of the transparency and due diligence requirements during an election or a referendum, political advertising publishers should process, within the last month preceding the election or the referendum, any notification that they receive about an advertisement linked to this vote without undue delay and no later than 48 hours, by contacting the services providers concerned and, where relevant, the sponsor. Political advertising publishers that are micro and small enterprises should process any such notification without undue delay. |
Amendment 61
Proposal for a regulation
Recital 45 d (new)
| Text proposed by the Commission | Amendment |
| (45d) Any action taken by a political advertising publisher should strictly target the correction, completion or removal of specific items of information not in compliance with this Regulation. In doing so, it should have due regard for freedom of expression and information, and other fundamental rights. |
Amendment 62
Proposal for a regulation
Recital 46
| Text proposed by the Commission | Amendment |
| (46) In order to allow specific entities to play their role in democracies, it is appropriate to lay down rules on the transmission of information published with the political advertisement or contained in the transparency notice to interested actors such as vetted researchers, journalists, civil society organisations and accredited election observers, in order to support the performance of their respective roles in the democratic process. Providers of political advertising services should not be required to respond to requests which are manifestly unfounded or excessive. Further, the relevant service provider should be allowed to charge a reasonable fee in case of repetitive and costly requests, taking into account the administrative costs of providing the information. | (46) In order to allow specific entities to play their role in democracies, it is appropriate to lay down rules on the transmission of information published with the political advertisement or contained in the transparency notice to interested actors such as vetted researchers, journalists, civil society organisations and accredited election observers, in order to support the performance of their respective roles in the democratic process. Providers of political advertising services should not be required to respond to requests which are manifestly unclear, excessive or concern information not within control of the service provider. Further, the relevant service provider should be allowed to charge a reasonable fee in case of repetitive and costly requests, taking into account the administrative costs of providing the information. |
Amendment 63
Proposal for a regulation
Recital 47
| Text proposed by the Commission | Amendment |
| (47) Personal data collected directly from individuals, or indirectly such as inferred data, when grouping individuals according to their assumed interests or derived through their online activity, behavioural profiling and other analysis techniques, is increasingly used to target political messages to groups or individual voters or individuals, and to amplify their impact. On the basis of the processing of personal data, in particular data considered sensitive under Regulation (EU) 2016/679 of the European Parliament and of the Council11 and Regulation (EU) 2018/1725 of the European Parliament and of the Council12 , different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. That has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to receive objective information, to form their opinion, to make political decisions and exercise their voting rights. This negatively impacts the democratic process. Additional restrictions and conditions compared to Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 should be provided. The conditions set out in this Regulation on the use of targeting and amplification techniques involving the processing of personal data in the context of political advertising should be based on Article 16 TFEU. | (47) Personal data collected directly from individuals, or indirectly such as observed or inferred data, when grouping individuals according to their assumed interests or derived through their online activity, behavioural profiling and other analysis techniques, is increasingly used to target political messages to groups or individual voters or individuals, and to amplify their impact. On the basis of the processing of personal data, in particular data considered sensitive under Regulation (EU) 2016/679 of the European Parliament and of the Council[1] and Regulation (EU) 2018/1725 of the European Parliament and of the Council[2], different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. That has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to be treated fairly and equally, not to be manipulated, to receive objective information, to form their opinion, to make political decisions and exercise their voting rights. This furthermore negatively impacts the democratic process as it enables a fragmentation of the public debate about important societal issues, predatory voter analysis, selective outreach and, ultimately, the manipulation of the electorate. It also increases the risk of the spreading of disinformation, and has been used for foreign electoral interference especially by non-democratic foreign entities. Misleading or obscure advertising for political purposes is a risk because it influences the core mechanisms that enable the functioning of our democratic society. All this takes place despite already existing conditions for the processing of personal data, including for targeting and ad delivery, provided for in Regulations (EU) 2016/679 and (EU) 2018/1725. The conditions set out in this Regulation on the use of targeting and ad delivery techniques involving the processing of personal data in the context of political advertising should be based on Article 16 TFEU. |
| __________________ | __________________ |
| 11 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). | 11 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). |
| 12 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). | 12 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). |
Amendment 64
Proposal for a regulation
Recital 47 a (new)
| Text proposed by the Commission | Amendment |
| (47a) The existing avenues under Regulation (EU) 2016/679 for lawfully tailoring and addressing advertising to individuals are subject to systemic abuse, especially with regard to collecting the free and informed consent of individuals, which cannot be solved under the current regulatory framework. |
Amendment 65
Proposal for a regulation
Recital 47 b (new)
| Text proposed by the Commission | Amendment |
| (47b) Dark patterns on online interfaces of online platforms are practices that materially distort or impair, either on purpose or in effect, the ability of users of the service to make autonomous and informed choices or decisions concerning the personal data they provide for the purpose of political advertising. Providers of online platforms should therefore be prohibited from nudging users of the service and from distorting or impairing the autonomy, decision-making, or choice of the users. |
Amendment 66
Proposal for a regulation
Recital 47 c (new)
| Text proposed by the Commission | Amendment |
| (47c) This should also include repeatedly requesting a user of the service to make a choice where such a choice has already been made, making the procedure of cancelling a service significantly more cumbersome than signing up to it, or making certain choices more difficult or time-consuming than others or by default settings that are very difficult to change, and so unreasonably bias the decision making of the user of the service, in a way that distorts and impairs their autonomy, decision-making and choice. However, rules preventing dark patterns should not be understood as preventing providers to interact directly with users of the service and to offer new or additional services to them. The systematic use of dark patterns, unclear consent agreements, misleading information, and insufficient time to read terms and conditions are common practices to make it difficult for users of the service to have clear information and control in the context of the surveillance-based online advertising industry. |
Amendment 67
Proposal for a regulation
Recital 47 d (new)
| Text proposed by the Commission | Amendment |
| (47d) In order to protect individuals with regards to the way and purposes for which their personal data is processed, and in particular in contexts relevant for influencing their democratic choices and their involvement in the public debate, as well as to protect democracy and the integrity of elections, it is necessary to complement Regulations (EU) 2016/679 and (EU) 2018/1725 by adding further restrictions, which should take the form of strict limitations on the processing of personal data for targeting and ad delivery of online political advertising, based on Article 16 of the TFEU. |
Amendment 68
Proposal for a regulation
Recital 47 e (new)
| Text proposed by the Commission | Amendment |
| (47e) Targeting and ad delivery techniques based on certain conditions and on strictly limited amount of provided personal data that are not special categories of personal data within the meaning of Article 9 of Regulation (EU) 2016/679 or of Article 10 of Regulation (EU) 2018/1725 can be useful in disseminating political advertising and information and in reaching out and informing citizens. |
Amendment 69
Proposal for a regulation
Recital 47 f (new)
| Text proposed by the Commission | Amendment |
| (47f) Targeting and ad delivery techniques that involve the processing of personal data should only be allowed based on personal data which are explicitly provided by the data subject to the advertising publisher for the specific and sole purpose of receiving targeted political advertisement. Providers should not request consent where the data subject exercises his or her right to object by automated means using technical specifications, in line with Article 21(5) of Regulation (EU) 2016/679. In the event that the data subjects refuses to consent, or has withdrawn consent, he or she should be given other fair and reasonable options to access information society services. Refusing consent should not be more difficult or time consuming to the data subject than its giving. The processing of observed or inferred personal data, in line with the European Data Protection Board Guidelines 8/2020 on the targeting of social media users, should not be allowed. Without such restriction imposed on targeting and ad delivery techniques, the targeting and ad delivery of political advertising based on personal data would be likely to result in a high risk to the rights and freedoms of natural persons. |
Amendment 70
Proposal for a regulation
Recital 47 g (new)
| Text proposed by the Commission | Amendment |
| (47g) Provided personal data should only include categories of personal data explicitly and actively provided by the data subject for the specific and sole purpose of being targeted with political advertisement by the data controller to whom it has been provided. Data subjects should not be targeted with political advertisements by data controllers to whom they have not provided their personal data. When providing the data to the publisher, it should be entered into the publisher’s interface or settings. The processing of any data concerning the data subjects which would otherwise be processed in the course of the normal use of the service, such as metadata, traffic and location data or the content of communications, whether personal or public, should therefore be excluded. |
Amendment 71
Proposal for a regulation
Recital 47 h (new)
| Text proposed by the Commission | Amendment |
| (47h) Some well-resourced political candidates or parties might circumvent the restrictions on targeting techniques with in-house services that conduct large-scale political marketing. Therefore, when sponsors process personal data for direct targeted political marketing, such as sending targeted electronic mail or text messages, at a large-scale and on a systematic basis, the restrictions on targeting techniques should apply, regardless of whether a service is involved or not. This does not affect the fact that the restrictions on targeting and ad delivery techniques should not apply to merely direct communication, including personalized electronic mails or text messages that are not targeted direct marketing at a large scale, and organic content published by using online intermediary services without consideration for the placement, publication or dissemination for the specific message. |
Amendment 72
Proposal for a regulation
Recital 47 i (new)
| Text proposed by the Commission | Amendment |
| (47i) In order to protect elections and referendums and prevent any undue interference, manipulation and disinformation, it is necessary to add further restrictions regarding targeting and ad delivery in the period immediately preceding the election or referendum .In the 60 days preceding any election or referendum, targeting and ad delivery techniques in the context of political advertising that involve provided personal data should be strictly limited to using location and the languages spoken by the data subject. The fact that a person is a first time voter could also be used as it is important to reach out to such persons and provide them with information regarding the election or referendum. The location of the data subject used to deliver targeted political advertisement should be understood being at the level of the constituency which is applicable in the relevant election or referendum. However, in the Member States which have only one national level constituency for European Parliament elections, the location of the data subject could be understood being at regional or equivalent level in accordance with national law, for political advertising related to those elections. |
Amendment 73
Proposal for a regulation
Recital 47 j (new)
| Text proposed by the Commission | Amendment |
| (47j) The prohibition and restrictions regarding the processing of personal data for political advertising should not prevent sponsors, political advertising publishers or providers of advertising services, including online platforms, from displaying online political advertising based on contextual information, including keywords. This limitation is proportionate in light of the fact that sponsors have access to other avenues for their political advertising, notably through contextual targeting online and through alternative media offline. This limitation complies with the right to impart information and ideas of general interest which the public is entitled to receive because this right may be circumscribed in some circumstances, if the circumscription is carried out reasonably, carefully and in good faith, and if it is proportionate and justified by relevant and sufficient reasons, in particular, for the protection of the rights of others. |
Amendment 74
Proposal for a regulation
Recital 47 k (new)
| Text proposed by the Commission | Amendment |
| (47k) When selecting targeting parameters, sponsors delineate a potential audience for their political advertising. However, depending on the budget they dedicate to their advertising campaign, their political advertisement will not necessarily reach such entire potential audience. The publisher will have to select whom, from that potential audience, will actually receive the political advertisement. In order to prevent the creation of echo chambers and filter bubbles and to prevent demographic skews along race or gender, resulting in forms of discrimination, online platforms should not be allowed to selectively deliver political advertisement within the targeted potential audiences based on further processing of personal data. The actual recipients of the political advertisement should therefore only be randomly selected by the publisher, without any further processing of personal data. |
Amendment 75
Proposal for a regulation
Recital 47 l (new)
| Text proposed by the Commission | Amendment |
| (47l) The extensive transparency obligations provided for in this Regulation will also be helping to make it impossible to proclaim, unnoticed, opposing and polarizing messages to specific parts of the electorate, because watchdogs, civil society, journalists and other parts of the electorate will be able to perform their scrutiny. |
Amendment 76
Proposal for a regulation
Recital 48
| Text proposed by the Commission | Amendment |
| (48) Targeting and amplification techniques in the context of political advertising involving the processing of data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 should therefore be prohibited. The use of such techniques should only be allowed when carried out by the controller, or someone acting on its behalf, on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. This should be accompanied by specific safeguards. Consent should be understood as consent within the meaning of Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. Therefore, it should not be possible to rely on the exceptions as laid down in Article 9(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2016/679 and Article 10(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2018/1725 respectively for using techniques targeting and amplification techniques to publish, promote or disseminate political advertising involving the processing of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and 10(1) of Regulation (EU) 2018/725. | deleted |
Amendment 77
Proposal for a regulation
Recital 49
| Text proposed by the Commission | Amendment |
| (49) In order to ensure enhanced transparency and accountability, when making use of targeting and amplification techniques in the context of political advertising involving the processing of personal data, controllers should implement additional safeguards. They should adopt and implement a policy describing the use of such techniques to target individuals or amplify their content and keep record of their relevant activities. When publishing, promoting or disseminating a political advertisement making use of targeting and amplification techniques, controllers should provide, together with the political advertisement, meaningful information to allow the concerned individual to understand the logic involved and main parameters of the targeting used, and the use of third-party data and additional analytical techniques, including whether the targeting of the advertisement was further optimised during delivery. | (49) In order to ensure enhanced transparency and accountability, when making use of targeting and ad delivery techniques in the context of political advertising involving the processing of personal data, controllers should implement additional safeguards. They should adopt and implement a policy describing the use of such techniques to target individuals or deliver the content of their ad, make annual risk assessments of the use of those techniques on the fundamental rights and freedoms of individuals and the society as a whole and keep record of their relevant activities. When publishing, promoting, delivering or disseminating a political advertisement making use of targeting techniques, controllers should provide, together with the political advertisement, meaningful information to allow the concerned individual to understand the logic involved and main parameters of the targeting used, and the use of third-party data and additional analytical techniques, including whether the targeting of the advertisement was further optimised during delivery. |
Amendment 78
Proposal for a regulation
Recital 50
| Text proposed by the Commission | Amendment |
| (50) Political advertising publishers making use of targeting or amplification techniques should include in their transparency notice information necessary to allow the concerned individual to understand the logic involved and main parameters of the technique used, and the use of third-party data and additional analytical techniques used and a link to the relevant policy of the controller. In case the controller is different from the advertising publisher the controller should transmit to political advertising publisher the internal policy or a reference to it. Providers of advertising services should, as necessary, transmit to the political advertising publisher the information necessary to comply with their obligations under this Regulation. The provision of such information could be automated and integrated in the ordinary business processes on the basis of standards. | (50) Political advertising publishers making use of targeting or ad delivery techniques should include in their transparency notice information necessary to allow the concerned individual to understand the logic involved and main parameters of the technique used, and the use of third-party data and additional analytical techniques used and a link to the relevant policy of the political advertising service provider. In case the political advertising service provider is different from the advertising publisher the service provider should transmit to the political advertising publisher the internal policy or a reference to it. Providers of advertising services should, as necessary, transmit to the political advertising publisher the information necessary to comply with their obligations under this Regulation. The provision of such information could be automated and integrated in the ordinary business processes on the basis of standards. |
Amendment 79
Proposal for a regulation
Recital 51
| Text proposed by the Commission | Amendment |
| (51) In order to further empower individuals to exercise their data protection rights, political advertising publishers should provide additional information and effective tools to the concerned data subject to support the exercise of their rights under the EU data protection legal framework including to object or withdraw their consent when targeted with a political advertisement. This information should also be easily accessible directly from the transparency notice. The tools made available to the individuals to support the exercise of their rights should be effective to prevent an individual from being targeted with political advertisements, as well as to prevent targeting on the basis of specific criteria and by one or several specific controllers. | (51) In order to further empower individuals to exercise their data protection rights, political advertising publishers should provide additional information and effective tools to the concerned data subject to support the exercise of their rights under the EU data protection legal framework including to withdraw their consent when targeted with a political advertisement. This information should also be easily accessible directly from the transparency notice. The tools made available to the individuals to support the exercise of their rights should be effective to prevent an individual from being targeted with political advertisements, as well as to prevent targeting on the basis of specific criteria and by one or several specific controllers. |
Amendment 80
Proposal for a regulation
Recital 52
| Text proposed by the Commission | Amendment |
| (52) The Commission should encourage the drawing up of codes of conduct as referred to in Article 40 of Regulation (EU) 2016/679 to support the exercise of data subjects’ rights in this context. | (52) The Commission should draw up guidelines to support the exercise of data subjects’ rights in this context. |
Amendment 81
Proposal for a regulation
Recital 53
| Text proposed by the Commission | Amendment |
| (53) Information to be provided in accordance with all requirements applicable to the use of targeting and amplification techniques under this Regulation should be presented in a format which is easily accessible, clearly visible and user-friendly, including through the use of plain language. | (53) Information to be provided in accordance with all requirements applicable to the use of targeting and ad delivery techniques under this Regulation should be presented in a format which is easily accessible, complete, clearly visible and user-friendly, including through the use of plain language and suitable for persons with disabilities. |
Amendment 82
Proposal for a regulation
Recital 54
| Text proposed by the Commission | Amendment |
| (54) It is appropriate to lay down rules on the transmission of information on targeting to other interested entities. The applicable regime should be consistent with the regime for the transmission of information linked to the transparency requirements. | (54) It is appropriate to lay down rules on the transmission of information on targeting and ad delivery to other interested entities. The applicable regime should be consistent with the regime for the transmission of information linked to the transparency requirements. |
Amendment 83
Proposal for a regulation
Recital 55
| Text proposed by the Commission | Amendment |
| (55) Providers of political advertising services established in a third country that offer services in the Union should designate a mandated legal representative in the Union to allow for effective oversight of this Regulation in relation to those providers. The legal representative could be the one designated on the basis of Article 27 of Regulation (EU) 2016/679) or the representative designated on the basis of Article 11 of Regulation (EU) 2021/xxx [the DSA]. | (55) Providers of political advertising services established in a third country that offer services in the Union should designate a mandated legal representative in the Union that is registered with the national single contact point, to allow for effective oversight of this Regulation in relation to those providers. The legal representative could be the one designated on the basis of Article 27 of Regulation (EU) 2016/679 or the representative designated on the basis of Article 13 of Regulation (EU) 2022/2065 (Digital Services Act). Member States should keep a publicly available register of all legal representatives registered on their territory under this Regulation, and the Commission should keep a publicly available and easily accessible database of legal representatives registered within the Union. |
Amendment 84
Proposal for a regulation
Recital 56
| Text proposed by the Commission | Amendment |
| (56) In the interest of the effective supervision of this Regulation, it is necessary to entrust oversight authorities with the competence to monitor and enforce the relevant rules. Depending on the legal system of each Member State and in line with existing Union law including Regulation (EU) 2016/679 and Regulation (EU) 2021/xxx [Digital Services Act], different national judicial or administrative authorities may be designated to that effect. | (56) In the interest of the effective supervision of this Regulation, it is necessary to entrust oversight authorities with the competence to monitor and enforce the relevant rules and endow them with resources commensurate with such additional competences. Depending on the legal system of each Member State and in line with existing Union law including Regulation (EU) 2016/679 and Regulation (EU) 2022/2065 (Digital Services Act), different national judicial or administrative authorities may be designated to that effect. |
Amendment 85
Proposal for a regulation
Recital 57
| Text proposed by the Commission | Amendment |
| (57) As regards the supervision of online intermediary services under this Regulation, Member States should designate competent authorities and ensure that such supervision is coherent with the competent authorities designated pursuant to Article 38 of Regulation (EU) [Digital Services Act]. Digital Services Coordinators, pursuant to Regulation (EU) Digital Services Act, in each Member State should in any event be responsible for ensuring coordination at national level in respect to those matters and engage, where necessary, cross-border cooperation with other Digital Services Coordinators following the mechanisms laid down in Regulation (EU) [Digital Services Act]. In the framework of application of this Regulation, this mechanism should be limited to the national cooperation across Digital Services Coordinators [and should not include the escalation to the Union level as provided by the Regulation (EU) [Digital Services Act]. | (57) As regards the supervision of online intermediary services under this Regulation, Member States should designate competent authorities and ensure that such supervision is coherent with the competent authorities designated pursuant to Article 38 of Regulation (EU) 2022/2065 (Digital Services Act). Digital Services Coordinators, pursuant to Regulation (EU) 2022/2065 (Digital Services Act), in each Member State should in any event be responsible for ensuring coordination at national level in respect to those matters and engage, where necessary, cross-border cooperation with other Digital Services Coordinators following the mechanisms laid down in Regulation (EU) 2022/2065 (Digital Services Act). In the framework of application of this Regulation, this mechanism should be limited to the national cooperation across Digital Services Coordinators [and should not include the escalation to the Union level as provided by the Regulation (EU) 2022/2065 (Digital Services Act). |
Amendment 86
Proposal for a regulation
Recital 58
| Text proposed by the Commission | Amendment |
| (58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States should designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council13 . | (58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 and Regulation (EU) 2022/2065 (Digital Services Act), Member States should designate competent authorities to monitor and enforce relevant rules. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council13. |
| __________________ | __________________ |
| 13 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive (OJ L 95, 15.4.2010, p. 1). | 13 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive (OJ L 95, 15.4.2010, p. 1). |
Amendment 87
Proposal for a regulation
Recital 58 a (new)
| Text proposed by the Commission | Amendment |
| (58a) For the purpose of the exercise of their powers under this Regulation, the competent authorities referred to in Article 15 and the European Data Protection Board should be provided with sufficient resources. |
Amendment 88
Proposal for a regulation
Recital 59
| Text proposed by the Commission | Amendment |
| (59) Where rules already exist under Union law regarding the provision of information to competent authorities and cooperation with and between those authorities such as Article 9 of Regulation (EU) 2021/xxx [Digital Services Act], or those contained in Regulation (EU) 2016/679, those rules should apply mutatis mutandis to the relevant provisions of this Regulation. | (59) Where rules already exist under Union law regarding the provision of information to competent authorities and cooperation with and between those authorities such as Article 9 of Regulation (EU) 2022/2065 (Digital Services Act), or those contained in Regulation (EU) 2016/679, those rules should apply mutatis mutandis to the relevant provisions of this Regulation. |
Amendment 89
Proposal for a regulation
Recital 60
| Text proposed by the Commission | Amendment |
| (60) Authorities competent for the oversight of this Regulation should cooperate with each other both at national and at EU level making best use of existing structures including national cooperation networks, the European Cooperation Network on Elections as referred to in Recommendation C(2018) 5949 final, and the European Regulators Group for Audiovisual Media Services established under Directive 2010/13/EU. Such cooperation should facilitate the swift, secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. | (60) Authorities competent for the oversight of this Regulation should cooperate with each other both at national and at EU level making best use of existing structures including national cooperation networks, the European Cooperation Network on Elections as referred to in Recommendation C(2018) 5949 final, the European Board for Digital Services as referred to in Regulation (EU) 2022/2065 (Digital Services Act) and the European Regulators Group for Audiovisual Media Services established under Directive 2010/13/EU. Such cooperation should facilitate the swift, secured exchange of information on issues connected to the exercise of their supervisory and enforcement tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. |
Amendment 90
Proposal for a regulation
Recital 60 a (new)
| Text proposed by the Commission | Amendment |
| (60a) Within the framework of the European Cooperation Network on Elections, a permanent Network of National Contact Points should be established to serve as platform for the regular exchange of information, and for structured cooperation, between national contact points and the Commission concerning all aspects of this Regulation. It should work in close cooperation with the European Regulators Group for Audiovisual Media Services and other relevant athorities and networks. |
Amendment 91
Proposal for a regulation
Recital 61
| Text proposed by the Commission | Amendment |
| (61) With a view to facilitating the effective application of the obligations set out in the regulation, it is necessary to empower national authorities to request from the services providers the relevant information on the transparency of political advertisement. Information to be transmitted to competent authorities could concern an advertising campaign, be aggregated by years or concern specific advertisements. In order to ensure that the requests for such information can be complied with in an effective and efficient manner, and at the same time that the providers of political advertising services are not subject to any disproportionate burdens, it is necessary to set certain conditions that those requests should meet. In the interest of the timely oversight of an election process in particular, providers of political advertising services should quickly respond to requests from competent authorities, and always within 10 working days upon receipt of the measure. In the interest of legal certainty and in compliance with the rights of defence, requests to provide information from a competent authority should contain an adequate statement of reasons and information about available redress. Providers of political advertising services should designate contact points for the interaction with the competent authorities. Such contact points could be electronic. | (61) With a view to facilitating the effective application of the obligations set out in the regulation, it is necessary to empower national authorities to request from the services providers the relevant information on the transparency of political advertisement. Information to be transmitted to competent authorities could concern an advertising campaign, be aggregated by years or concern specific advertisements. In order to ensure that the requests for such information can be complied with in an effective and efficient manner, and at the same time that the providers of political advertising services are not subject to any disproportionate burdens, it is necessary to set certain conditions that those requests should meet. In the interest of the timely oversight of an election process in particular, providers of political advertising services should quickly respond to requests from competent authorities, and always within 10 working days upon receipt of the measure. In the last month preceding an election or a referendum, an infringement of this Regulation should be deemed to negatively and severely affect individuals’ rights and therefore providers of political advertising services should provide the requested information without undue delay and, in case they are not micro or small enterprises, no later than 48 hours. In the interest of legal certainty and in compliance with the rights of defence, requests to provide information from a competent authority should contain an adequate statement of reasons and information about available redress. Providers of political advertising services should designate contact points for the interaction with the competent authorities. Such contact points could be electronic. |
Amendment 92
Proposal for a regulation
Recital 62
| Text proposed by the Commission | Amendment |
| (62) Member States should designate a contact point at Union level for the purpose of this Regulation. The contact point should, if possible, be a member of the European Cooperation Network on Elections. The contact point should facilitate cooperation among competent authorities between Member States in their supervision and enforcement tasks, in particular by intermediating with the contact points in other Member States and with other competent authorities in their own. | (62) Member States should designate a national contact point at Union level for the purpose of this Regulation. The contact point should, if possible, be a member of the European Cooperation Network on Elections. The contact point should facilitate cooperation among competent authorities between Member States in their supervision and enforcement tasks, in particular by intermediating with the contact points in other Member States and with other competent authorities in their own. |
Amendment 93
Proposal for a regulation
Recital 63
| Text proposed by the Commission | Amendment |
| (63) Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or financial penalties. When doing so, they should take into account the nature, gravity, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, as well as the economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in Article 7 for the effective pursuit of the objectives of the present Regulation should be taken into account. Furthermore, they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, including by delaying the provision of information to interested entities, as well as, where relevant, whether the provider of political advertising services is active in several Member States. Financial penalties and administrative fines shall in each individual case be effective, proportionate and dissuasive, with due regard to the provision of sufficient and accessible procedural safeguards, and in particular to ensure that the political debate remains open and accessible. | (63) Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or financial penalties. When doing so, they should take into account the nature, gravity, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, as well as the size and economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in Articles 3a, 5, 7, 7a, 7b and 12 for the effective pursuit of the objectives of the present Regulation should be taken into account and infringements of those Articles should be regarded as particularly serious. Furthermore, they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, including by delaying the provision of information to interested entities, as well as, where relevant, whether the provider of political advertising services is active in several Member States. Financial penalties and administrative fines shall in each individual case be effective, proportionate and dissuasive, with due regard to the provision of sufficient and accessible procedural safeguards, and in particular to ensure that the political debate remains open and accessible. |
Amendment 94
Proposal for a regulation
Recital 63 a (new)
| Text proposed by the Commission | Amendment |
| (63a) Member States should lay down rules on penalties, including administrative fines and financial penalties, applicable to infringements of this Regulation and should ensure that those rules are effectively enforced. The fines and penalties provided for should be effective, proportionate and dissuasive. Member States may also impose periodic penalty payments for serious and repeated violation of this Regulation. At Union level, the Network of National Contact Points should facilitate the development of a harmonised approach on sanctions applicable at national level. |
Amendment 95
Proposal for a regulation
Recital 65
| Text proposed by the Commission | Amendment |
| (65) Member States should publish the exact duration of their electoral periods, established according to their electoral traditions, sufficiently in advance of the beginning of the electoral calendar. | (65) Member States should publish the exact duration of their electoral periods, established according to their legislation and electoral traditions, sufficiently in advance of the beginning of the electoral calendar. |
Amendment 96
Proposal for a regulation
Recital 67
| Text proposed by the Commission | Amendment |
| (67) Within two years after each election to the European Parliament, the Commission should submit a public report on the evaluation and review of this Regulation. In preparing that report the Commission should also take into account the implementation of this Regulation in the context of other elections and referendums taking place in the Union. The report should review inter alia the continued suitability of the provisions of this Regulation’s annexes and consider the need for their revision. | (67) Within two years after each election to the European Parliament, the Commission should submit a public report on the evaluation and review of this Regulation. In preparing that report the Commission should take into account the implementation of this Regulation in the context of other elections and referendums taking place in the Union. The report should review inter alia the continued suitability of the provisions of this Regulation and its annexes and consider the need for their revision. In particular, the Commission should assess the appropriateness of the scope and definitions and the effectiveness of the obligations, the governance and enforcement provisions, including in the light of technological progress, market developments and new scientific evidence. |
Amendment 97
Proposal for a regulation
Recital 68 a (new)
| Text proposed by the Commission | Amendment |
| (68a) In the interest of ensuring that a high level of transparency and strengthened individual personal data protections are provided for political advertising in the context of the European Parliament elections 2024, political advertising service providers should ensure that the labelling and transparency notice requirements are complied with immediately, notwithstanding the availability of supplementary elements to be provided by the Commission. Political advertising publishers should make best efforts to ensure the availability of transparency notices notwithstanding the availability of a European repository for online political advertising. |
Amendment 98
Proposal for a regulation
Recital 70
| Text proposed by the Commission | Amendment |
| (70) This Regulation is without prejudice to the rules laid down in particular by Directive 2000/31/EC, including the liability rules for intermediary service providers in Articles 12 to 15 of that Directive as modified by Regulation (EU) 2021/xxx [the Digital Services Act], Regulation (EU) 2021/xxx [the Digital Markets Act], Directive 2002/58/EC and Regulation (EU) XXX [ePrivacy Regulation], as well as Directive (EU) 2010/13, Directive 2000/31/EC, Directive 2002/58/EC, Directive 2005/29/EC, Directive 2011/83/EU, Directive 2006/114/EC, Directive 2006/123/EC and Regulation (EU) 2019/1150. | (70) This Regulation is without prejudice to the rules laid down in particular by Directive 2000/31/EC, including the liability rules for intermediary service providers in Articles 12 to 15 of that Directive as modified by Regulation (EU) 2022/2065 (Digital services Act), Regulation (EU) 2022/1925 (Digital Markets Act), Directive 2002/58/EC, as well as Directive 2010/13/EU, Directive 2000/31/EC, Directive 2005/29/EC, Directive 2011/83/EU, Directive 2006/114/EC, Directive 2006/123/EC and Regulation (EU) 2019/1150. This Regulation should complement the Union data protection acquis, in particular Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive 2002/58/EC and provide for specific data protection rules thereto. This Regulation does not provide for a legal ground that satisfies the requirements of Article 6 of Regulation (EU) 2016/679 or Article 5 of Regulation (EU) 2018/1725 for the processing of personal data for the purpose of political advertising. |
Amendment 99
Proposal for a regulation
Recital 71
| Text proposed by the Commission | Amendment |
| (71) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on XX XX 2022. | (71) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on 20 January 2022. |
Amendment 100
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| 1. This Regulation lays down: | 1. This Regulation lays down harmonised rules on: |
Amendment 101
Proposal for a regulation
Article 1 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) harmonised transparency obligations for providers of political advertising and related services to retain, disclose and publish information connected to the provision of such services; | (a) the provision of political advertising services, and on transparency and due diligence for sponsors and providers of political advertising services, that require them to provide, collect, retain, disclose and publish information connected to the provision in the internal market of such services; |
Amendment 102
Proposal for a regulation
Article 1 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the use of personal data. | (b) the use of targeting and ad delivery techniques in connection with the preparation, placement, promotion, publication, delivery or dissemination of political advertising, in the context of the provision of political advertising services, that involves the processing of personal data; |
Amendment 103
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
| Text proposed by the Commission | Amendment |
| (ba) the supervision and enforcement of this Regulation, including as regards the cooperation and coordination between the competent authorities. |
Amendment 104
Proposal for a regulation
Article 1 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used. | 2. This Regulation shall apply to political advertising that is sponsored, prepared, placed, promoted, published, delivered or disseminated in the Union, or that is directed to individuals in one or several Member States, irrespective of the place of establishment of the sponsor or the advertising services provider concerned, and irrespective of the means used. |
Amendment 105
Proposal for a regulation
Article 1 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2a. Political views and opinions and other editorial content expressed under the editorial responsibility of a media service provider shall not be considered political advertising unless specific payment or other remuneration is provided for their preparation, placement, promotion, publication, delivery or dissemination by third parties. |
Amendment 106
Proposal for a regulation
Article 1 – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
| (a) to contribute to the proper functioning of the internal market for political advertising and related services; | (a) to contribute to the harmonisation and proper functioning of a transparent, safe, predictable and trusted internal market for political advertising and related services; |
Amendment 107
Proposal for a regulation
Article 1 – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
| (b) to protect natural persons with regard to the processing of personal data. | (b) to protect the fundamental rights and freedoms enshrined in the Union and national law, including those enshrined in the Charter of Fundamental Rights, and, in particular, to protect natural persons with regard to the right to privacy and the processing of personal data. |
Amendment 108
Proposal for a regulation
Article 1 – paragraph 4 – point b
| Text proposed by the Commission | Amendment |
| (b) Directive 2002/58/EC and Regulation (EU) XXX [ePrivacy Regulation]; | (b) Directive 2002/58/EC; |
Amendment 109
Proposal for a regulation
Article 1 – paragraph 4 – point f
| Text proposed by the Commission | Amendment |
| (f) Directive (EU) 2010/13; | (f) Directive 2010/13/EU; |
Amendment 110
Proposal for a regulation
Article 1 – paragraph 4 – point i
1
| Text proposed by the Commission | Amendment |
| (i) Regulation (EU) 2021/xxx [the Digital Services Act]. | (i) Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act), OJ L 277, 27.10.2022, p.1; |
Amendment 111
Proposal for a regulation
Article 1 – paragraph 4 – point i a (new)
| Text proposed by the Commission | Amendment |
| (ia) Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act), OJ L 265, 12.10.2022, p. 1. |
Amendment 112
Proposal for a regulation
Article 1 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
| 4a. The data protection rules on processing of personal data provided for in this Regulation shall be considered as specific data protection rules to the general rules laid down in the Regulations (EU) 2016/679 and (EU) 2018/1725. None of the provisions in this Regulation can be applied or interpreted in such way as to diminish or limit level of protection offered by the right to respect for private life and protection of personal data and by the right of freedom of expression as protected in the Charter of Fundamental Rights and in the Union law on data protection and privacy, in particular by Regulations (EU) 2016/679 and (EU) 2018/1725. |
Amendment 113
Proposal for a regulation
Article 1 – paragraph 4 b (new)
| Text proposed by the Commission | Amendment |
| 4b. This Regulation shall not affect the content of political advertising, or Union or Member States rules regulating the content of political advertising, electoral periods and the organisation and conduct of political campaigning. |
Amendment 114
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
| Text proposed by the Commission | Amendment |
| 2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, of a message: | 2. ‘political advertising’ means the preparation, placement, promotion, publication, delivery or dissemination, by any means, of a message: |
Amendment 115
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
| Text proposed by the Commission | Amendment |
| (b) which is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour. | (b) which is liable to influence voting behaviour or the outcome of an election, referendum, or a legislative or regulatory process. |
Amendment 116
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point d
| Text proposed by the Commission | Amendment |
| (d) a candidate for any elected office at European, national, regional and local level, or for one of the leadership positions within a political party; | (d) a candidate for or holder of any elected office at Union, national, regional and local level, or for one of the leadership positions within a political party; |
Amendment 117
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point e
| Text proposed by the Commission | Amendment |
| (e) an elected official within a public institution at European, national, regional or local level; | deleted |
Amendment 118
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point f
| Text proposed by the Commission | Amendment |
| (f) an unelected member of government at European, national, regional or local level; | (f) an unelected member of government at Union, national, regional or local level; |
Amendment 119
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point g
| Text proposed by the Commission | Amendment |
| (g) a political campaign organisation with or without legal personality, established to achieve a specific outcome in an election or referendum; | (g) a political campaign organisation with or without legal personality, established for the purpose of influencing the outcome of an election, referendum or a legislative or regulatory process; |
Amendment 120
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point h
| Text proposed by the Commission | Amendment |
| (h) any natural or legal person representing or acting on behalf of any of the persons or organisations in points (a) to (g), promoting the political objectives of any of those. | (h) any natural or legal person representing or acting on behalf of any of the persons or organisations referred to in points (a) to (g), promoting the political objectives of any of those. |
Amendment 121
Proposal for a regulation
Article 2 – paragraph 1 – point 5
| Text proposed by the Commission | Amendment |
| 5. ‘political advertising service’ means a service consisting of political advertising with the exception of an online intermediary service within the meaning of Article 2(f) of Regulation (EU) 2021/XXX [Digital Services Act] that is provided without consideration for the placement, publication or dissemination for the specific message; | 5. ‘political advertising service’ means a service consisting of political advertising with the exception of an online intermediary service within the meaning of Article 3, point (g) of Regulation (EU) 2022/2065 (Digital Services Act) that is provided without consideration for the preparation, placement, promotion, publication, delivery or dissemination of the specific message; |
Amendment 122
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
| Text proposed by the Commission | Amendment |
| 5a. 'provider of political advertising services' means a natural or legal person engaged in the provision of political advertising services, with the exception of purely ancillary services; |
Amendment 123
Proposal for a regulation
Article 2 – paragraph 1 – point 6
| Text proposed by the Commission | Amendment |
| 6. ‘political advertising campaign’ means the preparation, placement, promotion, publication or dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship or funding; | 6. ‘political advertising campaign’ means the preparation, placement, promotion, publication, delivery or dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship or funding; |
Amendment 124
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
| Text proposed by the Commission | Amendment |
| 6a. ‘very large online platform’ means an online platform designated as a very large online platform pursuant to Article 33(4) of Regulation (EU) 2022/2065 (Digital Services Act); |
Amendment 125
Proposal for a regulation
Article 2 – paragraph 1 – point 6 b (new)
| Text proposed by the Commission | Amendment |
| 6b. ‘very large online search engine’ means an online search engine designated as a very large online search engine pursuant to Article 33(4) of Regulation (EU) 2022/2065 (Digital Services Act); |
Amendment 126
Proposal for a regulation
Article 2 – paragraph 1 – point 7
| Text proposed by the Commission | Amendment |
| 7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published or disseminated; | 7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, promoted, published, delivered or disseminated; |
Amendment 127
Proposal for a regulation
Article 2 – paragraph 1 – point 8
| Text proposed by the Commission | Amendment |
| 8. ‘targeting or amplification techniques’ means techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement; | 8. ‘targeting techniques’ means techniques that are used by sponsors, political advertising publishers or providers of advertising services to tailor a political advertisement only to a specific person or group of persons or to exclude them by processing personal data, in particular through the collection of their data; |
Amendment 128
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
| Text proposed by the Commission | Amendment |
| 8a. ‘ad delivery techniques’ means automated techniques of processing of personal data that typically rely on algorithms or the automated processing of data and that are employed by political advertising publishers or providers of political advertising services involved in the promotion, publication and dissemination of political advertisements to determine a specific audience within the potential audience defined by the sponsors and providers of advertising services, acting on behalf of sponsors; |
Amendment 129
Proposal for a regulation
Article 2 – paragraph 1 – point 9
| Text proposed by the Commission | Amendment |
| 9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State and during which the campaign activities are subject to specific rules; | 9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State, in accordance with national legislation, and during which the campaign activities are subject to specific rules; |
Amendment 130
Proposal for a regulation
Article 2 – paragraph 1 – point 11
| Text proposed by the Commission | Amendment |
| 11. ‘political advertising publisher’ means a natural or legal person that broadcasts, makes available through an interface or otherwise brings to the public domain political advertising through any medium; | 11. ‘political advertising publisher’ means a provider of political advertising service that places, promotes, publishes, delivers or disseminates political advertising through any medium; |
Amendment 131
Proposal for a regulation
Article 2 – paragraph 2
| Text proposed by the Commission | Amendment |
| For the purposes of the first paragraph, point (2) messages from official sources regarding the organisation and modalities for participation in elections or referendums or for promoting participation in elections or referendums shall not constitute political advertising. | For the purposes of the first paragraph, point (2) messages from official sources shall not constitute political advertising if they are strictly limited to the announcement of elections or referendums or of the modalities for participation in elections or referendums. |
Amendment 132
Proposal for a regulation
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Member States shall not maintain or introduce, on grounds related to transparency, provisions or measures diverging from those laid down in this Regulation. | 1. Member States shall not maintain or introduce, on grounds related to transparency of political advertising, provisions or measures diverging from those laid down in this Regulation. |
Amendment 133
Proposal for a regulation
Article 3 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The provisions of political advertising services shall not be prohibited nor restricted on grounds related to transparency when the requirements of this Regulation are complied with. | 2. The provisions of political advertising services shall not be prohibited nor restricted, including geographically, on grounds related to transparency when the requirements of this Regulation are complied with. |
Amendment 134
Proposal for a regulation
Article 3 a (new)
| Text proposed by the Commission | Amendment |
| Article 3a | |
| Provision of political advertising services in the Union | |
| 1. Providers of political advertising services shall not discriminate against sponsors on grounds of their place of residence or, where applicable, establishment, when those sponsors request, conclude or hold a contract for political advertising services. | |
| 2. By way of exception from paragraph 1, political advertising services shall be provided only to a sponsor or a service provider acting on behalf of a sponsor who is a citizen of the Union, or a natural or legal person residing or established in the Union. | |
| 3. The provision of cross border political advertising services to European Political Parties within the meaning of Regulation [Regulation on Political Parties] shall not be subject to restrictions other than those provided for by this Regulation or other acts of Union or national law, where applicable. |
Amendment 135
Proposal for a regulation
Chapter II – title
| Text proposed by the Commission | Amendment |
| TRANSPARENCY OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES | TRANSPARENCY AND DUE DILIGENCE OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES |
Amendment 136
Proposal for a regulation
Article 4 – title
| Text proposed by the Commission | Amendment |
| Transparency | Transparency and due diligence obligations for political advertising services |
Amendment 137
Proposal for a regulation
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
| Political advertising services shall be provided in a transparent manner in accordance with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. | Political advertising services shall be provided in a transparent manner in accordance with the obligations laid down in Articles 4 to 11 and Article 14 of this Regulation. |
Amendment 138
Proposal for a regulation
Article 4 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| Providers of political advertising services shall ensure that the contracts concluded for the provision of political advertising services clearly set out how the relevant provisions of this Regulation, including regarding due diligence and allocation of responsibility for provision, as well as completeness and accuracy of information, are to be effectively complied with. |
Amendment 139
Proposal for a regulation
Article 5 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Providers of advertising services shall request sponsors and providers of advertising services acting on behalf of sponsors to declare whether the advertising service they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(5). Sponsors and providers of advertising services acting on behalf of sponsors shall make such a declaration. | 1. Providers of advertising services shall request sponsors and providers of advertising services acting on behalf of sponsors to declare whether the advertising service that they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(5). Sponsors and providers of advertising services acting on behalf of sponsors shall make such a declaration in good faith and in clear terms, and shall be responsible for its accuracy. |
Amendment 140
Proposal for a regulation
Article 5 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. Providers of advertising services that receive a declaration, from a sponsor, or from a provider of advertising services acting on behalf of a sponsor, that advertising constitutes political advertising shall make best efforts to ensure that those declarations are made in accordance with paragraph 1 before the provision of the service. |
Amendment 141
Proposal for a regulation
Article 5 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service specify how the relevant provisions of this Regulation are complied with. | 2. Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service require the sponsor and where applicable providers of advertising services acting on behalf of the sponsor to provide the information necessary to comply with Articles 6(1), 7(1) and 7a(1), as appropriate. |
| Sponsors shall ensure the accuracy of, and provide the information necessary to comply with Article 6(1), points (ca) and (d), Article 7(1), points (a), (b) and (ba), and Article 7a(1), points (a) and (b). | |
| Sponsors, or where applicable providers of advertising services acting on behalf of sponsors shall ensure the accuracy of, and provide the information necessary to comply with Article 6(1), points (a), (b), (ba), (c) and (da) and Article 7a(1), points (c), (d) and (e). | |
| Sponsors and providers of advertising services acting on behalf of sponsors shall provide that information in a timely, complete and accurate manner. |
Amendment 142
Proposal for a regulation
Article 5 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2a. Providers of advertising services shall require sponsors, or providers of advertising services acting on behalf of sponsors, who submit a declaration or information in accordance with this Article that is manifestly erroneous to correct that declaration or that information. Sponsors, or providers of advertising services acting on behalf of sponsors, shall act upon such a request without undue delay. |
Amendment 143
Proposal for a regulation
Article 5 – paragraph 2 b (new)
| Text proposed by the Commission | Amendment |
| 2b. Where applicable, providers of advertising services shall design and organise their online interface in a way that enables sponsors, and providers of advertising services acting on behalf of sponsors, to comply with their obligations as referred to in paragraph 1 of this Article and Article 6(1). |
Amendment 144
Proposal for a regulation
Article 5 – paragraph 2 c (new)
| Text proposed by the Commission | Amendment |
| 2c. Political advertising publishers that are also Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) shall diligently identify, analyse and assess any systemic risks that their political advertising services pose in the context of their risk assessments according to Article 34 of Regulation (EU) 2022/2065 (Digital Services Act) and put in place reasonable, proportionate and effective mitigation measures in accordance with Article 35 of Regulation (EU) 2022/2065 (Digital Services Act) to address these risks. |
Amendment 145
Proposal for a regulation
Article 5 a (new)
| Text proposed by the Commission | Amendment |
| Article 5a | |
| Identification of a political advertisement | |
| For the purpose of determining whether a message constitutes a political advertising within the meaning of Article 2(2)(b), account shall be taken of all its features, and in particular the following: | |
| (a) the content of the message; | |
| (b) the sponsor of the message; | |
| (c) the spoken or written language used to convey the message; | |
| (d) the form of the message or the means by which the message is prapared, placed, promoted, published, delivered or disseminated; | |
| (e) the targeted audience; | |
| (f) the context in which the message is conveyed, including the period of dissemination such as election or referendum periods, or disseminaion of the message during and a legislative or regulatory process; | |
| (g) the objective of the message. | |
| The Commission shall draw up common guidance intended to contribute to the proper application of this Article. |
Amendment 146
Proposal for a regulation
Article 6 – title
| Text proposed by the Commission | Amendment |
| Record-keeping and information transmission | Record-keeping and transmission of information to the political advertising publisher |
Amendment 147
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| 1. Providers of political advertising services shall retain information they collect in the provision of their services, on the following: | 1. Providers of political advertising services shall retain information they collect in the provision of their services, to the extent necessary to comply with this Regulation, on the following: |
Amendment 148
Proposal for a regulation
Article 6 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) the specific service or services provided in connection to the political advertising; | (b) the specific service or services that they provided in connection with the political advertising; |
Amendment 149
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
| Text proposed by the Commission | Amendment |
| (ba) the starting date and, where available, the period during which the service or services were provided; |
Amendment 150
Proposal for a regulation
Article 6 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
| (c) the amounts they invoiced for the service or services provided, and the value of other benefits received in part or full exchange for the service or services provided; and | (c) the amounts they invoiced for the service or services provided, and the value of other benefits received in part or full exchange for the service or services provided; |
Amendment 151
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
| Text proposed by the Commission | Amendment |
| (ca) information on the public or private origin of those amounts and other benefits, as well as whether they originate from inside or outside of the Union; |
Amendment 152
Proposal for a regulation
Article 6 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) where applicable, the identity of the sponsor and its contact details. | (d) the identity of the sponsor of the political advertisement and its contact details and, where applicable, the identity and the contact details of the legal or natural person who ultimately controlls the sponsor, and for legal persons, the place of establishment; and |
Amendment 153
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
| Text proposed by the Commission | Amendment |
| (da) where applicable, an indication of elections or referendums to which the political advertisement is linked. |
Amendment 154
Proposal for a regulation
Article 6 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be retained for a period of five years from the date of the last preparation, placement, publication or dissemination, as the case may be. | 2. The information referred to in paragraph 1 shall be both in written and in electronic form. Such information shall be retained in a machine-readable format for a period of ten years from the date of the last preparation, placement, promotion, publication, delivery or dissemination, as the case may be. |
Amendment 155
Proposal for a regulation
Article 6 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated to the political advertising publisher which will disseminate the political advertisement to enable political advertising publishers to comply with their obligations under this Regulation. That information shall be transmitted, in a timely and accurate manner in accordance with best practice and industry standards, by means of a standardised automated process where technically possible. | 3. Providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated in a timely and accurate manner to the political advertising publisher which will place, promote publish, deliver or disseminate the political advertisement, so as to enable political advertising publishers to comply with their obligations under this Regulation. Providers of political advertising services shall make reasonable efforts to ensure that the information retained pursuant to paragraph 1 is complete and accurate. |
| When the political advertising publisher is the only provider of political advertising services, the sponsor shall communicate the relevant information to the political advertising publisher. |
Amendment 156
Proposal for a regulation
Article 6 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. When a provider of political advertising services provides a service, it shall also transmit to the relevant political advertising publisher the information retained pursuant to paragraph 1 in accordance with best practice and industry standards, where technically possible, by means of a standardised automated process. |
Amendment 157
Proposal for a regulation
Article 6 – paragraph 3 b (new)
| Text proposed by the Commission | Amendment |
| 3b. When providers of political advertising services become aware that information which they have transmitted to a political advertising publisher has been updated, they shall ensure that the updated information is communicated to the political advertising publisher. |
Amendment 158
Proposal for a regulation
Article 7 – title
| Text proposed by the Commission | Amendment |
| Transparency requirements for each political advertisement | Labelling requirements for political advertisements |
Amendment 159
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| 1. In the context of the provision of political advertising services, each political advertisement shall be made available with the following information in a clear, salient and unambiguous way: | 1. Political advertising publishers shall ensure that every political advertisement contains the following information: |
Amendment 160
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) a statement to the effect that it is a political advertisement; | (a) a clear statement that it is a political advertisement; |
Amendment 161
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) the identity of the sponsor of the political advertisement and the entity ultimately controlling the sponsor; | (b) the identity of the sponsor of the political advertisement and, where applicable, the entity or person ultimately controlling or financing the sponsor; |
Amendment 162
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point b a (new)
| Text proposed by the Commission | Amendment |
| (ba) where applicable, the election, referendum, legislative or regulatory process to which the political advertisement is linked. |
Amendment 163
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point c
| Text proposed by the Commission | Amendment |
| (c) a transparency notice to enable the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved. | (c) a clear indication of where a permanent copy of the transparency notice containing the information referred to in Article 7a can be easily and directly retrieved, and, where necessary and possible, an update of that indication; |
Amendment 164
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 a (new)
| Text proposed by the Commission | Amendment |
| Political advertising publishers shall ensure the completeness of information referred to in paragraphs 1a, 1b, 1ba, and 1c and the accuracy of information referred to in paragraph 1c. |
Amendment 165
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
| In this regard, political advertising publishers shall use efficient and prominent marking and labelling techniques that allow the political advertisement to be easily identified as such and shall ensure that the marking or labelling remains in place in the event a political advertisement is further disseminated. | deleted |
Amendment 166
Proposal for a regulation
Article 7 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. The information referred to in points (a) to (c) of paragraph 1 shall be made available in the form of labels. | |
| Those labels shall be prominent, enable individuals to easily identify a political advertisiment as such and remain in place in the event that the political advertisement is further disseminated. |
Amendment 167
Proposal for a regulation
Article 7 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
| 1b. By [12 months after the entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 19 in order to supplement paragraph 1a of this Article establishing standardised and efficient techniques for labelling of political advertising including for the audiovisual sector, printed media, online and offline advertising, taking into account the particular characteristics of the medium in which it is published. | |
| When adopting those delegated acts, the Commission shall take account of the latest technological and market developments, relevant scientific research and best practices. |
Amendment 168
Proposal for a regulation
Article 7 – paragraph 1 c (new)
| Text proposed by the Commission | Amendment |
| 1c. In order to ensure uniform conditions for the implementation of paragraphs 1 and 1a of this Article, the Commission shall adopt implementing acts establishing uniform labels. | |
| Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19a(2). |
Amendment 169
Proposal for a regulation
Article 7 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The transparency notice shall be included in each political advertisement or be easily retrievable from it, and shall include the following information: | deleted |
| (a) the identity of the sponsor and contact details; | |
| (b) the period during which the political advertisement is intended to be published and disseminated; | |
| (c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement, and of the political advertising campaign where relevant, and their sources; | |
| (d) where applicable, an indication of elections or referendums with which the advertisement is linked; | |
| (e) where applicable, links to online repositories of advertisements; | |
| (f) information on how to use the mechanisms provided for in Article 9(1). | |
| (g) The information to be included in the transparency notice shall be provided using the specific data fields set out in Annex I. |
Amendment 170
Proposal for a regulation
Article 7 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement. | deleted |
Amendment 171
Proposal for a regulation
Article 7 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher with the political advertisement from its first publication until one year after its last publication. | deleted |
Amendment 172
Proposal for a regulation
Article 7 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Political advertising publishers shall retain their transparency notices together with any modifications for a period of five years after the end of the period referred to in paragraph 4. | deleted |
Amendment 173
Proposal for a regulation
Article 7 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2. | deleted |
Amendment 174
Proposal for a regulation
Article 7 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Member States, including competent authorities, and the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this Article, taking into account the specific characteristics of the relevant service providers involved and the specific needs of micro, small and medium-sized enterprises, within the meaning of Article 3 of Directive 2013/34/EU. | deleted |
Amendment 175
Proposal for a regulation
Article 7 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding, modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where, in the light of technological developments, such an amendment is necessary for the wider context of the political advertisement and its aims to be understood. | deleted |
Amendment 176
Proposal for a regulation
Article 7 a (new)
| Text proposed by the Commission | Amendment |
| Article 7a | |
| Transparency notices | |
| 1. The transparency notice referred to in Article 7(1)(c) shall be made available by the political advertising publishers and shall include the following information: | |
| (a) the identity, the address or the place of establishment and contact details of the sponsor; | |
| (b) where applicable, the identity of the person or entity ultimately financing or otherwise controlling the sponsor, their address, or place of establishment and contact details; | |
| (c) the period during which the political advertisement is intended to be published and disseminated; | |
| (d) the aggregated amounts spent or other benefits received by the providers of political advertising services including those received by the publisher in part or full exchange for the preparation, placement, promotion, publication, delivery and dissemination of the relevant advertisement, and where relevant of the political advertising campaign, and the origin of the amounts and other benefits; | |
| (e) where applicable, an indication of the elections, referendums, and legislative or regulatory processes with which the advertisement is linked; | |
| (f) how to use the mechanisms provided for in Article 9(1); | |
| (g) whether the advertisement has been suspended or discontinued due to violation of this Regulation; | |
| (h) where applicable, a statement to the effect that the political advertisement has been targeted based on the use of personal data; | |
| (i) where applicable, the specific groups of individuals targeted; | |
| (j) where applicable, the categories and sources of personal data used for the targeting; | |
| (k) where applicable, the reach of political message the number of views, and engagements with the advertisement. | |
| The information to be included in the transparency notice shall be provided using the specific data fields set out in Annex I. | |
| 2. Sponsors shall ensure the accuracy of the information, which they are required to provide for the purposes of paragraph 1, points (a) and (b) before and during the period of publication, delivery, or dissemination of the political advertisement. | |
| Sponsors or, where applicable, providers of political advertising services acting on behalf of sponsors shall ensure the accuracy of the information, which they are required to provide for the purposes of paragraph 1, points (c), (d) and (e) before and during the period of publication, delivery, or dissemination of the political advertisement. | |
| Political advertising publishers shall ensure the accuracy of the information, which they are required to provide for the purposes of paragraph 1, points (g) to (l) before and during the period of publication, delivery, or dissemination of the political advertisement. | |
| Political advertising publishers shall ensure that the information referred to in paragraph 1 is complete. | |
| Where the sponsor or the provider of political advertising services becomes aware that any information transmitted to or published by the political advertising publisher is incomplete or inaccurate, it shall contact, without undue delay, the political advertising publisher concerned and shall transmit complete or accurate information to that political advertising publisher. | |
| Where the political advertising publisher becomes aware that the information referred to in Article 7(1) and paragraph 1 of this Article is incomplete or inaccurate, it shall make best efforts, including by contacting the sponsor or the providers of political advertising services to complete or correct the information without undue delay. | |
| Where the information cannot be completed or corrected, the political advertising publisher shall not make available the political advertisement, or shall without undue delay discontinue the placement, promotion, publication, delivery or dissemination of the political advertisement. | |
| The political advertising publisher shall inform without undue delay the sponsors or the providers of political advertising services concerned about any decisions taken in connection with the seventh subparagraph of this paragraph. | |
| 3. Transparency notices shall be easily retrievable at all times during the period from their first publication until their withdrawal. | |
| Transparency notices shall be kept up to date, presented in a format which is easily accessible and available in a machine readable format. They shall be written in the language of the political advertisement. Political advertising publishers who offer services in the Union shall ensure that transparency notices comply with the accessibility requirements set out in Directive (EU) 2019/882. | |
| Transparency notices shall be user friendly, including through the use of plain language. | |
| 4. Political advertising publishers shall keep their transparency notices along with any modifications thereto for a period of ten years after the last publication. | |
| 5. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I in the light of technological developments, relevant scientific research, market practices, supervisory practices of competent authorities and relevant guidance issued by competent bodies. | |
| 6. By ... (12 moths after the entry into force of this Regulation), the Commission shall adopt delegated acts in accordance with Article 19 to supplement the information requirements provided for in paragraph 1 of this Article by establishing technical specifications adapted to the audiovisual sector, printed media, online and offline advertising and in particular that take into account the specific characteristics of the relevant service providers involved and the specific needs of micro, small and medium-sized enterprises within the meaning of Article 3 of Directive 2013/34/EU. |
Amendment 177
Proposal for a regulation
Article 7 b (new)
| Text proposed by the Commission | Amendment |
| Article 7b | |
| European repository for online political advertisements | |
| 1. The Commission shall establish and ensure the management of a public repository for all online political advertisements. This repository shall ensure: | |
| (a) the hosting of a database containing each online political advertisement, together with the information required under Article 7a(1) in respect of each online political advertisments for political advertising publishers that are not VLOPs or VLOSEs and that make political advertising available through an online service; | |
| (b) that every online political advertisement, together with the information required under Article 7a(1), in respect of each online political advertisement can be publicly accessed. | |
| A common data structure, common standards and a common application programming interface for the exchange of information with publishers, shall apply. The information shall be available in machine readable format, shall allow for multicriteria queries and shall be publicly accessible via a single portal. | |
| 2. Political advertising publishers that are VLOPs or VLOSEs shall make in real time the information required under Article 7a(1) available in the repositories provided pursuant Article 39 of Regulation (EU) 2022/2065 (Digital Services Act), and publicly accessible through the European repository for online political advertisements, and shall update that information, as necessary. | |
| 3. Where a provider of very large online platform or of very large online search engine has removed or disabled access to a specific political advertisement based on alleged illegality or incompatibility with its terms and conditions, in addition to the requirements of Article 39(3) of Regulation (EU) 2022/2065 (Digital Services Act), the repository shall include for the specific advertisement concerned, the information required by Article 7a(1) of this Regulation. | |
| 4. Political advertising publishers that are not VLOPs or VLOSEs and that make political advertising available through an online service shall make the information required under Article 7a(1) available, together with a copy of each online political advertisement in the European repository for online political advertisements, without delay and no later than 24 hours after its first publication. | |
| 5. Where political advertising publishers that are not VLOPs or VLOSEs and that make political advertising available through an online service have removed or disabled access to a specific political advertisement based on alleged illegality or incompatibility with its terms and conditions, the European repository for online political advertisiments shall include for the specific advertisiment concerned, the information referred to in Article 17(3), points (a) to (e), or Article 9(2), point (a)(i) of Regulation (EU) 2022/2065 (Digital Services Act), as applicable, and the information required by Article 7a(1) of this Regulation. | |
| 6. By ... [12 months after the entry into force of this Regulation], the Commission, in consultation with relevant stakeholders and in light of technological, market and scientific developments, shall adopt delegated acts in accordance with Article 19 to supplement paragraph 1 of this Article by setting out detailed arrangements for the provision of a common data structure and standards, a common application programming interface, and a single portal. | |
| When adopting those delegated acts, the Commission shall aim to achieve the following objectives: | |
| (a) to enable the information provided by political advertising publishers according to paragraphs 1 to 3 to be publicly accessed together via a single European repository for online political advertisments; | |
| (b) to enable sponsors and providers of political advertising services to communicate to the political advertising publisher, by automated means, the information required under Article 7a (1) for every online political advertisement; | |
| (c) to enable the political advertising publishers to make available online, and via a common data structure and common standards, the information required under Article 7a(1) as a transparency notice; | |
| (d) to allow easy public access to online transparency notices, through the use of a common application programming interface that would enable the notices to be accessed and the relevant databases to be queried; | |
| (e) to support third-party and public access to transparency notices, including by enabling analysis of online transparency notices and their presentation through user-friendly single portal and search services. |
Amendment 178
Proposal for a regulation
Article 8 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Where they provide political advertising services, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and amplification techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements. | 1. Political advertising publishers shall include information provided to them directly by sponsors or by providers of political advertising services on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and ad delivery techniques, aggregated by campaign, as part of a separate note to their management report within the meaning of Article 19 of Directive 2013/34/EU. |
Amendment 179
Proposal for a regulation
Article 8 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Paragraph 1 shall not apply to undertakings qualifying under Article 3(3) of Directive 2013/34/EU. | 2. Paragraph 1 shall not apply to micro, small and medium-sized enterprises within the meaning of Article 3 of Directive 2013/34/EU. |
Amendment 180
Proposal for a regulation
Article 8 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2a. Providers of political advertising services shall, in accordance with national law, regularly report on the amounts or the value of other benefits received in part or full exchange for those services to the national competent authorities responsible for the auditing or supervision of political actors. |
Amendment 181
Proposal for a regulation
Article 9 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable individuals to notify them, free of charge, that a particular advertisement which they have published does not comply with this Regulation. | 1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable natural or legal persons to notify them that a particular advertisement which they have published does not comply with this Regulation. |
Amendment 182
Proposal for a regulation
Article 9 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. Those mechanisms shall be free of charge, user-friendly, and easy to access, including from the transparency notice. Where technically possible, those mechanisms shall allow notifications to be submitted by electronic means. |
Amendment 183
Proposal for a regulation
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy to access, including from the transparency notice. | deleted |
Amendment 184
Proposal for a regulation
Article 9 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2a. The mechanisms referred to in paragraph 1 shall facilitate the submission of precise and substantiated notifications so that political advertising publishers are able to identify the unlawfulness of the advertisements in question. To that end, advertising publishers shall take the necessary measures to enable and facilitate the submission of notifications containing all of the following elements: | |
| (a) a substantiated explanation of the reasons why the person or entity submitting the notification alleges that the advertisement in question does not comply with this Regulation; | |
| (b) information enabling the identification of the political advertisement; | |
| (c) the name and email address of the individual or entity submitting the notification; | |
| (d) a statement confirming that the person or entity submitting the notification believes in good faith that information contained therein is complete and accurate. |
Amendment 185
Proposal for a regulation
Article 9 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. The political advertising publisher shall inform individuals of the follow up given to the notification as referred to in paragraph 1. | 3. Political advertising publishers shall send without undue delay a confirmation of receipt of the notification to persons who submitted it. |
| Political advertising publishers shall examine and address the notification in timely, diligent and objective manner. | |
| Political advertising publishers shall inform without undue delay the sponsors or providers of political advertising services concerned, of the effect given to the notification. | |
| Political advertising publishers shall provide clear and user-friendly information on the possibilities for redress in respect of the advertisement to which the notification relates and, where applicable, on the use of automated means for the processing of notifications. |
Amendment 186
Proposal for a regulation
Article 9 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. In the month preceeding an election or a referendum, political advertising publishers shall process without undue delay and no later than 48 hours any notification that they receive about an advertisement linked to that election or referendum. Political advertising publishers that are micro and small enterprises within the meaning of Article 3 of Directive 2013/34/EU shall process without undue delay any notification that they receive about advertisement linked to that election or referendum. |
Amendment 187
Proposal for a regulation
Article 9 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to collectively, including by reference to an announcement on the website of the political advertising publisher concerned. | 4. Repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to collectively by making use of automated tools, including by reference to an announcement on the website of the political advertising publisher concerned. |
Amendment 188
Proposal for a regulation
Article 9 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
| 4a. The Commission shall adopt delegated acts in accordance with Article 19 to supplement paragraph 1 of this Article by establishing technical specifications for the mechanism referred to in that paragraph, adapted for the audiovisual sector, printed media, online and offline advertising. |
Amendment 189
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
| Competent national authorities shall have the power to request that a provider of political advertising services transmits the information referred to in Articles 6, 7 and 8. The transmitted information must be complete, accurate and trustworthy, and provided in a clear, coherent, consolidated and intelligible format. Where technically possible, the information shall be transmitted in a machine readable format. | Competent national authorities shall have the power to request that a provider of political advertising services transmit the information referred to in Articles 6, 7, 7a and 8. The transmitted information shall be complete, accurate and trustworthy, and shall be provided in a clear, coherent, consolidated and intelligible format. Where technically possible, the information shall be transmitted in a standardised and machine readable format. |
Amendment 190
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point a
| Text proposed by the Commission | Amendment |
| (a) a statement of reasons explaining the objective for which the information is requested and why the request is necessary and proportionate, unless the request pursues the objective of the prevention, investigation, detection and prosecution of criminal offences and to the extent that the reasons for the request would jeopardise that objective; | (a) a brief statement of reasons explaining the objective for which the information is requested, unless the request pursues the objective of the prevention, investigation, detection and prosecution of criminal offences and to the extent that the reasons for the request would jeopardise that objective; |
Amendment 191
Proposal for a regulation
Article 10 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Upon receipt of a request pursuant to paragraph 1, providers of political advertising services shall, within two working days, acknowledge receipt of that request and inform the authority of the steps taken to comply with it. The relevant service provider shall provide the requested information within ten working days. | 2. Upon receipt of a request pursuant to paragraph 1, providers of political advertising services shall, within two working days, acknowledge receipt of that request and inform the authority of the steps taken to comply with it. The relevant service provider shall provide the requested information within eight working days. |
Amendment 192
Proposal for a regulation
Article 10 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. In the month preceding an election or a referendum, providers of political advertising services shall provide the requested information referred to in Articles 6, 7 and 8 that is under their control without undue delay and no later than 48 hours. Providers of political advertising services that are micro and small enterprises within the meaning of Article 3 of Directive 2013/34/EU shall provide the requested information without undue delay. |
Amendment 193
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
| Providers of political advertising services shall take the appropriate measures to transmit the information referred to in Article 6 to interested entities upon request and without costs. | roviders of political advertising services shall transmit the information referred to in Articles 6, 7 and 7a to interested entities promptly upon request, without costs and where technically possible in a machine readable format. |
Amendment 194
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
| Where the provider of political advertising services is a political advertising publisher, it shall also take the appropriate measures to transmit the information referred to in Article 7 to interested entities upon request and without costs. | deleted |
Amendment 195
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) vetted researchers in accordance with Article 31 of Regulation (EU) 2021/xxx [Digital Services Act]; | (a) vetted researchers in accordance with Article 40 of Regulation (EU) 2022/2065 (Digital Services Act); |
Amendment 196
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1 – point d a (new)
| Text proposed by the Commission | Amendment |
| (da) journalists. |
Amendment 197
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 2
| Text proposed by the Commission | Amendment |
| Such interested entities shall also include journalists accredited in a Member State by national, European or international bodies. | deleted |
Amendment 198
Proposal for a regulation
Article 11 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Following a request from an interested entity, the service provider shall make best efforts to provide the requested information or its reasoned response under paragraph 5, within one month. | 3. Following a request from an interested entity, the service provider shall make best efforts to provide the requested information or its reasoned response under paragraph 5 as soon as possible and, at the latest, within one month. |
Amendment 199
Proposal for a regulation
Article 11 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Where requests pursuant to paragraph 1 are manifestly unfounded, unclear or excessive, in particular because of their lack of clarity, the service provider may refuse to respond. In this case, the relevant service provider shall send a reasoned response to the interested entity making the request. | 5. Where requests pursuant to paragraph 1 are manifestly unclear, excessive or concerning information not within the control of the service provider, the service provider may refuse to provide the requested information. In such cases, the relevant service provider shall send a reasoned response to the interested entity making the request, including information on the possibilities for redress, including those that exist under Directive (EU) 2020/1828. |
Amendment 200
Proposal for a regulation
Article 11 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Service providers shall bear the burden of demonstrating that a request is manifestly unfounded, unclear or excessive, or that requests are repetitive and involve significant costs to process. | 7. Service providers shall bear the burden of demonstrating that a request is manifestly unclear, excessive or concerning information not within the control of the service provider, or that requests are repetitive and involve significant costs to process. |
Amendment 201
Proposal for a regulation
Chapter III – title
| Text proposed by the Commission | Amendment |
| TARGETING AND AMPLIFICATION OF POLITICAL ADVERTISING | TARGETING AND AD DELIVERY OF POLITICAL ADVERTISING SERVICES |
Amendment 202
Proposal for a regulation
Article -12 (new)
| Text proposed by the Commission | Amendment |
| Article -12 | |
| Prohibition of targeting and ad delivery techniques involving the processing of special categories of personal data | |
| Targeting and ad delivery techniques that involve the processing of special categories of personal data as referred to in Article 9 of Regulation (EU) 2016/679 and in Article 10 of Regulation (EU) 2018/1725 in the context of political advertising services shall be prohibited. |
Amendment 203
Proposal for a regulation
Article 12 – title
| Text proposed by the Commission | Amendment |
| Specific requirements related to targeting and amplification | Specific requirements related to the processing of personal data for online targeting and ad delivery techniques |
Amendment 204
Proposal for a regulation
Article 12 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Targeting or amplification techniques that involve the processing of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 in the context of political advertising are prohibited. | 1. Targeting and ad delivery techniques that involve the processing of personal data that is not special categories of personal data within the meaning of Article 9 of Regulation (EU) 2016/679 or of Article 10 of Regulation (EU) 2018/1725 in the context of political advertising services shall be strictly limited to the situations provided for in this Article. |
Amendment 205
Proposal for a regulation
Article 12 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. Ad delivery techniques referred to in this Article shall determine the audience within the targeted audience without further processing of personal data, by random selection only. |
Amendment 206
Proposal for a regulation
Article 12 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
| 1b. Targeting and ad delivery techniques that involve the processing of personal data of persons of whom the data controller is aware with reasonable certainty that they are at least one year under the voting age established by national law shall be prohibited. Compliance with the obligations set out in this Article shall not oblige providers of online platforms to process additional personal data in order to assess whether the user of the service is a minor. |
Amendment 207
Proposal for a regulation
Article 12 – paragraph 1 c (new)
| Text proposed by the Commission | Amendment |
| 1c. Targeting and ad delivery techniques that involve the processing of personal data shall be restricted to personal data explicitly provided by the data subject with his or her consent as defined in Article 4(11) of Regulation (EU) 2016/679 given solely for the purpose of online political advertising. | |
| The personal data provided by the data subject by virtue of using a service or device, including provided content, shall not be considered as provided personal data and therefore shall not be used by the provider for the purpose of targeting and delivering political advertising. | |
| The data controller shall inform when requesting consent from the data subject that his or her provided personal data may be processed solely for the purpose of presenting political advertising to the data subject. Refusing to give consent shall not be more difficult or time-consuming to the data subject than giving consent. Providers shall not request consent where the data subject exercises his or her right to object by automated means using technical specifications, in line with Article 21(5) of Regulation (EU) 2016/679. In the event the data subject refuses to give his or her consent, or has withdrawn his or her consent, he or she shall be given other fair and reasonable options to access information society services. | |
| Targeting and ad delivery techniques referred to in this paragraph shall not combine more than four categories of personal data, including the location of the data subject. | |
| If the political advertisement is linked to an election or a referendum, the location of the data subject shall be understood being at the level of the constituency applicable for that election or referendum as referred to in paragraph 1d, point (b). | |
| If the political advertisement is not linked to an election or a referendum, the location used for targeting and ad delivery techniques shall not be below the municipality level. | |
| If the political advertisement is not linked to an election or a referendum and in case of combination of two or more categories of data, the targeted group shall comprise at least 0,4% of the population of the Member State but at minimum 50 000 citizens. |
Amendment 208
Proposal for a regulation
Article 12 – paragraph 1 d (new)
| Text proposed by the Commission | Amendment |
| 1d. Notwithstanding paragraph 1c, 60 days immediately preceding an election or a referendum, targeting and ad delivery techniques that involve the processing of provided personal data shall be restricted to the following personal data explicitly provided by the data subject to the advertising publisher with his or her consent as defined in Article 4(11) of Regulation (EU) 2016/679 given solely for the purpose of online political advertising: | |
| (a) the languages spoken by the data subject; | |
| (b) the location of the data subject at the level of the constituency which is applicable in the relevant election or referendum; | |
| (c) the information that the data subject is a first voter. | |
| Subparagraphs 2 and 3 of paragraph 1c shall apply mutatis mutandis. |
Amendment 209
Proposal for a regulation
Article 12 – paragraph 1 e (new)
| Text proposed by the Commission | Amendment |
| 1e. This Article shall not apply to internal communications of any political party, foundation, association or any other non-profit body, to their members and former members and to communications, such as newsletters, linked to their political activities, as long as those communications are solely based on subscription data and therefore strictly limited to their members, former members or subscribers and are based on personal data provided by them and do not involve further processing of personal data to target or otherwise further select the recipients and the messages they receive. Such forms of direct marketing fall under the scope of Regulation (EU) 2016/679 and Directive 2002/58/EC. |
Amendment 210
Proposal for a regulation
Article 12 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The prohibition laid down in the first sentence shall not apply to the situations referred to in Article 9(2)(a) and (d) of Regulation (EU) 2016/679 and Article 10(2)(a) and (d) of Regulation (EU) 2018/1725. | deleted |
Amendment 211
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
| 3. When using targeting or amplification techniques in the context of political advertising involving the processing of personal data, controllers shall, in addition to the requirements laid down in Regulation (EU) 2016/679 and Regulation (EU) 2018/1725, as applicable, comply with the following requirements: | 3. When using targeting techniques in the context of political advertising services involving the processing of personal data, controllers shall, in addition to the requirements laid down in Regulation (EU) 2016/679, Regulation (EU) 2018/1725 and Regulation (EU) 2022/2065 (Digital Services Act), as applicable, comply with the following requirements: |
Amendment 212
Proposal for a regulation
Article 12 – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
| (a) adopt and implement an internal policy describing clearly and in plain language, in particular, the use of such techniques to target individuals or amplify the content, and retain such policy for a period of five years; | (a) adopt, implement and make publicly available an internal policy describing clearly and in plain language, in particular, the use of such techniques to target individuals, and retain such policy for a period of ten years; |
Amendment 213
Proposal for a regulation
Article 12 – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
| (b) keep records on the use of targeting or amplification, the relevant mechanisms, techniques and parameters used, and the source(s) of personal data used. | (b) keep records on the use of targeting, the relevant mechanisms, techniques and parameters used, and the source(s) of personal data used. |
Amendment 214
Proposal for a regulation
Article 12 – paragraph 3 – point c
| Text proposed by the Commission | Amendment |
| (c) provide, together with the political advertisement, additional information necessary to allow the individual concerned to understand the logic involved and the main parameters of the technique used, and the use of third-party data and additional analytical techniques. This information shall comprise the elements set out in Annex II. | (c) provide, together with the indication that it is political advertisement, additional information necessary to allow the individual concerned to understand the logic involved and the main parameters of the technique used, and the use of third-party data and additional analytical techniques; |
Amendment 215
Proposal for a regulation
Article 12 – paragraph 3 – point c a (new)
| Text proposed by the Commission | Amendment |
| (ca) make an internal annual risk assessment of the use of those techniques on the fundamental rights and freedoms of individuals and the society as a whole; the results of these risk assessments shall be made publicly available. |
Amendment 216
Proposal for a regulation
Article 12 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Political advertising publishers making use of targeting or amplification techniques shall include in the transparency notice required under Article 7 the information specified in paragraph 3(c) and a link to the policy referred to in paragraph 3(a). In case the controller is different from the advertising publisher, the controller shall transmit the internal policy or a reference to it to the political advertising publisher. | 4. Political advertising publishers making use of targeting techniques involving the processing of personal data shall include in the transparency notice required under Article 7a(1), additional information necessary to enable the individual concerned to understand the logic involved and the main parameters of the technique used, and the use of third party data and additional analytical techniques. |
| It shall include, in particular, the following information: | |
| (a) the targeting goals, mechanisms and logic including the inclusion and exclusion parameters, and the reasons for choosing those parameters; | |
| (b) the period of dissemination, the number of individuals to whom the advertisement is disseminated; | |
| (c) a link to or a clear indication of where the policy referred to in paragraph 3(a) can be easily retrieved. |
Amendment 217
Proposal for a regulation
Article 12 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
| 4a. Where the controller is different from the advertising publisher, the controller shall transmit the internal policy referred to in point (a) of paragraph 3 to the political advertising publisher and ensure that the information referred to in this paragraph or a reference to it is communicated to the political advertising publisher to enable the political advertising publisher to comply with its obligation under this Regulation. Information shall be transmitted in a timely and accurate manner, in accordance with best practice and industry standards, by means of a standardised automated process, where technically possible. |
Amendment 218
Proposal for a regulation
Article 12 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Political advertising publishers making use of targeting or amplification techniques referred to in paragraph 3 shall include in or together with the advertisement and in the transparency notice required under Article 7 a reference to effective means to support individuals exercise their rights under Regulation (EU) 2016/679. | 5. Political advertising publishers making use of targeting or ad delivery techniques referred to in paragraph 3 shall include in or together with the advertisement and in the transparency notice required under Article 7a(1) a reference to effective means to support individuals exercise their rights under Regulation (EU) 2016/679. The transparency notice shall visibly link to an easily accessible interface in which users can withdraw their consent or modify the personal data they provided for the sole purpose of online political advertising as referred to in paragraphs 1c and 1d. |
Amendment 219
Proposal for a regulation
Article 12 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Providers of advertising services shall, as necessary, transmit to the controller the information necessary to comply with paragraph 3. | 7. Providers of advertising services shall transmit to the controller the information necessary to comply with paragraphs 3, 4 and 4a. |
Amendment 220
Proposal for a regulation
Article 12 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex II by modifying or removing elements of the list of information to be provided pursuant to paragraph 3(c) of this Article in light of technological developments in relevant scientific research, and developments in supervision by competent authorities and relevant guidance issued by competent bodies. | deleted |
Amendment 221
Proposal for a regulation
Article 13 – title
| Text proposed by the Commission | Amendment |
| Transmission of information concerning targeting or amplification to other interested entities | Transmission of information concerning online targeting or ad delivery to other interested entities |
Amendment 222
Proposal for a regulation
Article 14 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Service providers that provide political advertising services in the Union but do not have an establishment in the Union shall designate, in writing, a natural or legal person as their legal representative in one of the Member States where the provider offers its services. | 1. Service providers that provide political advertising services in the Union but do not have an establishment in the Union shall designate, in writing, a natural or legal person as their legal representative in one of the Member States where the provider offers its services and register them with the national single points of contact. |
| Service providers shall notify the name, postal address, email address and telephone number of their legal representative to the national single point of contact in the Member State where that legal representative resides or is established. | |
| Member States shall keep publicly available registers of all legal representatives registered on their territory under this Regulation and shall ensure that that information is easily accessible and that it is accurate and up to date. | |
| The Commission shall keep a publicly available and easily accessible and machine-readable database of legal representatives registered within the Union under this Regulation. |
Amendment 223
Proposal for a regulation
Article 14 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The legal representative shall be responsible for ensuring compliance with the represented service provider’s obligations pursuant to this Regulation and shall be the addressee for all communications with the relevant service provider provided for in this Regulation. Any communication to that legal representative shall be deemed to be a communication to the represented service provider. | 2. The legal representative shall be responsible for ensuring compliance, and may be held liable for non-compliance, with the obligations under this Regulation, without prejudice to the liability and legal actions that could be initiated against the service provider. The legal representative shall be the addressee for all communications with the relevant service provider provided for in this Regulation. Any communication to that legal representative shall be deemed to be a communication to the represented service provider. |
Amendment 224
Proposal for a regulation
Article 14 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2a. Service providers shall provide their legal representative with necessary powers and sufficient resources to guarantee efficient and timely cooperation with the Member States’ competent authorities and, where relevant, the Commission, and to ensure the compliance with with their decisions. |
Amendment 225
Proposal for a regulation
Article 15 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. In case the political advertising publisher is a very large online platform within the meaning or a very large online search engine within the meaning of Article 33 of Regulation 2022/2065, the European Data Protection Board may initiate an investigation, at the request of national authorities, the Commission, or on its own initiative after consulting the relevant national authorities if it suspects the infringement of Article - 12 or Article 12 of this Regulation. |
Amendment 226
Proposal for a regulation
Article 15 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
| 1b. The initiation of investigation pursuant to paragraph 1a of this Article by the European Data Protection Board shall relieve the national data protection authority or authorities, or any competent authority where applicable, of its powers regarding the infringement at stake to supervise and enforce the obligations under this Regulation. |
Amendment 227
Proposal for a regulation
Article 15 – paragraph 1 c (new)
| Text proposed by the Commission | Amendment |
| 1c. The national data protection authorities shall, within 15 days after being informed of initiation of the investigation, or within seven days if within 60 days immediately preceding elections or referendums as referred to in Article 12(1d), transmit to the European Data Protection Board any information they hold about the infringement at stake. |
Amendment 228
Proposal for a regulation
Article 15 – paragraph 1 d (new)
| Text proposed by the Commission | Amendment |
| 1d. In the exercise of its powers of investigation under this Regulation the European Data Protection Board shall request the individual or joint support of any national data protection authority or authorities concerned by the suspected infringement, including the data protection authority of establishment. |
Amendment 229
Proposal for a regulation
Article 15 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Member States shall designate competent authorities to monitor the compliance of providers of intermediary services within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2021/xxx [Digital Services Act] may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. The Digital Services Coordinator referred to in Article 38 of Regulation (EU) 2021/xxx in each Member State shall be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by Regulation (EU) 2021/xxx [Digital Services Act]. Article 45(1) to (4) and Article 46(1) of Regulation (EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services. | 2. Member States shall designate competent authorities that are to supervise and monitor the compliance of providers of intermediary services within the meaning of Regulation (EU) 2022/2065 (Digital Sevices Act) with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2022/2065 (Digital Services Act) may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. The Digital Services Coordinator referred to in Article 49 of Regulation (EU) 2022/2065 in each Member State shall be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by Regulation (EU) 2022/2065 (Digital Services Act). Article 58(1) to (4) and Article 60(1) of Regulation (EU) 2022/2065 (Digital Services Act) shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services. |
Amendment 230
Proposal for a regulation
Article 15 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2a. To the extent that the Commission has exclusive competence to monitor the compliance of very large online platforms and of very large search engines within the meaning of Regulation (EU) 2022/2065 (Digital Services Act) with the obligations laid down in that Regulation, it shall be competent to monitor their compliance with Article 5(2d) and Article 7b(2) of this Regulation. |
Amendment 231
Proposal for a regulation
Article 15 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 2. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation. | 3. Each Member State shall designate one or more competent authorities to be responsible for the consistent application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 2. The national competent authorities may be the same as those referred in Article 30 of Directive 2010/13/EU. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall, acting in full independence, effectively monitor and take the measures necessary and proportionate to ensure consistent supervision, compliance with and enforcement of this Regulation. |
Amendment 232
Proposal for a regulation
Article 15 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have the power to request to access data, documents or any necessary information from providers of political advertising services for the performance of their supervisory tasks. | 4. Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have at least the power to request to access to data, documents or any necessary information from providers of political advertising services, for the performance of their supervisory tasks. Competent authorities shall use that data only for the purpose of monitoring and assessing compliance with this Regulation, in accordance with relevant legislation on the protection of personal data and the protection of confidential informitation, and with the objective to maintain the security of the services. |
Amendment 233
Proposal for a regulation
Article 15 – paragraph 5 – point a a (new)
| Text proposed by the Commission | Amendment |
| (aa) request access to data, documents, or any necessary information from the providers of political advertising services; |
Amendment 234
Proposal for a regulation
Article 15 – paragraph 5 – point a b (new)
| Text proposed by the Commission | Amendment |
| (ab) order an end to infringements and, where appropriate, impose remedies that are proportionate to the infringement and necessary to bring it effectively to an end; |
Amendment 235
Proposal for a regulation
Article 15 – paragraph 5 – point c
| Text proposed by the Commission | Amendment |
| (c) impose administrative fines and financial penalties. | (c) impose administrative fines and financial penalties, including periodic penalty payments; |
Amendment 236
Proposal for a regulation
Article 15 – paragraph 5 – point c a (new)
| Text proposed by the Commission | Amendment |
| (ca) carry out, or, where necessary in accordance with national law, request a judicial authority in their Member State to order inspections of any premises that providers of political advertising services use for purposes related to their trade, business, craft or profession, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information relating to a suspected infringement in any form, irrespective of the storage medium; |
Amendment 237
Proposal for a regulation
Article 15 – paragraph 5 a (new)
| Text proposed by the Commission | Amendment |
| 5a. Paragraphs 4 and 5 shall apply mutatis mutandis to the European Data Protection Board. |
Amendment 238
Proposal for a regulation
Article 15 – paragraph 5 b (new)
| Text proposed by the Commission | Amendment |
| 5b. Member States shall ensure that national competent authorities have all necessary means to carry out their tasks, including sufficient technical, financial and human resources to adequately supervise sponsors and providers of political advertising services under their competence. |
Amendment 239
Proposal for a regulation
Article 15 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Member States shall ensure cooperation among competent authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. | 6. Member States shall ensure that there is effective and structured cooperation among all relevant competent authorities and supervisory authorities referred to in paragraphs 1 and 2 in particular in the framework of national elections networks, so as to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. |
Amendment 240
Proposal for a regulation
Article 15 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Each Member State shall designate one competent authority as a contact point at Union level for the purposes of this Regulation. | 7. Where a Member State designates one or more competent authorities, it shall ensure that the respective tasks of those authorities are clearly defined and that they cooperate closely and effectively when performing their tasks. Each Member State shall designate one competent authority as a national contact point at Union level for the purposes of all aspects of this Regulation. National contact points shall ensure effective cooperation between national competent authorities and with other national contact points and Union level authorities. Member States shall make publicly available the contact details of their national contact points. Member States concerned shall communicate the name of the other competent authorities and their respective tasks to the Network of National Contact Points. |
Amendment 241
Proposal for a regulation
Article 15 – paragraph 8 – point a
| Text proposed by the Commission | Amendment |
| (a) the competent authorities applying supervisory or enforcement measures in a Member State shall, via the contact point referred to in paragraph 7, inform and consult the competent authorities in the other Member State(s) concerned on the supervisory and enforcement measures taken and their follow-up; | (a) the competent authorities applying supervisory or enforcement measures in a Member State shall, via the contact point referred to in paragraph 7, and without undue delay, and in any event no later than one month after a cooperation request, inform and consult the competent authorities in the other Member State(s) concerned on the supervisory and enforcement measures taken and their follow-up; |
Amendment 242
Proposal for a regulation
Article 15 – paragraph 8 – point c
| Text proposed by the Commission | Amendment |
| (c) a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and within a timeframe proportionate to the urgency of the request provide a response communicating the information requested, or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested. | (c) a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and, without undue delay, and in any event no later than one month after a cooperation request, provide a response communicating the information requested, or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested. |
Amendment 243
Proposal for a regulation
Article 15 – paragraph 8 a (new)
| Text proposed by the Commission | Amendment |
| 8a. Compliance with this Regulation by providers of political advertising services shall be subject to the competence of the Member State where the provider has its establishment. In case the provider is established in more than one Member State, it shall be deemed to be under the jurisdiction of the Member State in which it has its main establishment. Without prejudice to paragraphs 1 and 2, the competent authority or authorities of all Member States shall cooperate with and assist each other as necessary. | |
| Where a national competent authority has reasons to suspect that a sponsor, provider or publisher of political advertising services infringed this Regulation in a manner affecting individuals in the Member State of that competent authority, it may request the contact point of establishment to assess the matter and to take the necessary investigatory and enforcement measures referred to in paragraphs 4 and 5 of this Article. A request shall be substantiated, justified and proportionate and at least indicate: | |
| (a) the point of contact or legal representative of the provider of the political advertisement services concerned as provided for in Article 14; | |
| (b) a description of the relevant facts, the provisions of this Regulation concerned and the reasons why the competent authority that sent the request suspects that the provider infringed this Regulation, including the description of the negative effects of the alleged infringement; | |
| (c) any other information that the competent authority that sent the request considers relevant, including, where appropriate, information gathered on its own initiative or suggestions for specific investigatory or enforcement measures to be taken, including interim measures. | |
| The contact point of establishment shall take into utmost account the pursuant to paragraph 5 of this Article. Where it considers that it has insufficient information to act upon the request or recommendation and has reasons to consider that the competent authority that sent the request could provide additional information, it may request such information. The time period laid down in paragraph 4 of this Article shall be suspended until that additional information is provided. | |
| The contact point of establishment shall, without undue delay and in any event not later than one month following receipt of the request pursuant to paragraph 4, communicate to the competent authority that sent the request, and the Network of National Contact Points, the assessment of the suspected infringement and an explanation of any investigatory or enforcement measures taken or envisaged in relation thereto to ensure compliance with this Regulation. |
Amendment 244
Proposal for a regulation
Article 15 – paragraph 9
| Text proposed by the Commission | Amendment |
| 9. Contact points shall meet periodically at Union level in the framework of the European Cooperation Network on Elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation. | 9. Within the framework of the European Cooperation Network on Elections, a permanent Network of National Contact Points shall be established. The Network of National Contact Points shall serve as a platform for regular exchange of information and structured cooperation between national contact points and the Commission on all aspects of this Regulation. |
| In particular, the Network of National Contact Points shall facilitate: | |
| (a) the swift and secured exchange of information and best practices among national contact points and other relevant authorities; | |
| (b) the preparation, in cooperation with relevant stakeholders, of common lines of action to help sponsors and providers of political advertising services, to comply with the requirements of this Regulation in harmonised way; | |
| (c) the development of a harmonised approach on sanctions applicable at national level for infringements of this Regulation; | |
| (d) the cooperation at Union level to guarantee a harmonised enforcement of this Regulation. | |
| The Network of National Contact Points shall meet at least twice a year and, where necessary, at the duly justified request of the Commission or a Member State. It shall work in close cooperation with the European Regulators Group for AudioVisual Media Services, and other relevant authorities and networks. The Commission shall take part in the meetings of the Network of National Contact Points and provide administrative support. |
Amendment 245
Proposal for a regulation
Article 15 a (new)
| Text proposed by the Commission | Amendment |
| Article 15a | |
| Right to lodge a complaint | |
| Any person, or entity shall have the right to lodge a complaint with the competent authority that is the national contact point of the Member State where that entity or person is located or established against sponsors and providers of political advertising services, alleging an infringement of this Regulation. | |
| The contact point of the Member State may dismiss any complaint which it deems manifestly unfounded and shall notify the complainant of its decision. | |
| The contact point of the Member State shall transmit without undue delay complaints that fall within the competence of another competent authority in the same Member State to that competent authority. The contact point of the Member State shall transmit complaints that fall within the competence of another competent authority in another Member State to the contact point of that Member State within 10 working days. | |
| The competent authority receiving the complaint shall assess, and where appropriate, act within fifteen working days. During electoral periods, the assessment shall take place within five working days. | |
| During those proceedings, all parties shall have the right to be heard and receive appropriate information about the status of the complaint, in accordance with relevant national law. |
Amendment 246
Proposal for a regulation
Article 15 b (new)
| Text proposed by the Commission | Amendment |
| Article 15b | |
| Activity reports | |
| National contact points, designated pursuant to Article 15(7), shall draw up a standardised annual report on the activities covered by this Regulation of all competent authorities designated under in Article 15, including details of the number of complaints received pursuant to Article 15a and an overview of their follow-up. | |
| The national contact points shall make the annual reports available to the public in a machine-readable format, and shall transmit them to the European Cooperation Network on Elections and, in the case of elections to the European Parliament, to the European Parliament. |
Amendment 247
Proposal for a regulation
Article 16 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. In relation to Articles 5 to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable to providers of political advertising services under their jurisdiction for infringements of the present Regulation, which shall in each individual case be effective, proportionate and dissuasive. | 1. In relation to Articles 3a to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable to providers of political advertising services under their jurisdiction for infringements of the present Regulation and shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall in each individual case be timely, effective, proportionate and dissuasive. |
Amendment 248
Proposal for a regulation
Article 16 – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
| (a) the nature, gravity and duration of the infringement; | (a) the nature, gravity, recurrence and duration of the infringement; |
Amendment 249
Proposal for a regulation
Article 16 – paragraph 3 – point d
| Text proposed by the Commission | Amendment |
| (d) any relevant previous infringements and any other aggravating or mitigating factor applicable to the circumstances of the case; and | (d) any relevant previous infringements and any other aggravating or mitigating factor applicable to the circumstances of the case; |
Amendment 250
Proposal for a regulation
Article 16 – paragraph 3 – point e
| Text proposed by the Commission | Amendment |
| (e) the degree of cooperation with the competent authority. | (e) the degree of cooperation with the competent authority; and |
Amendment 251
Proposal for a regulation
Article 16 – paragraph 3 – point e a (new)
| Text proposed by the Commission | Amendment |
| (ea) the size and economic capacity of the political advertising service provider. |
Amendment 252
Proposal for a regulation
Article 16 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Infringements of Article 7 shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election is being organised. | 4. Infringements of Articles 3a, 5, 7, 7a and 7b shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election or referendum is being organised. |
| Member States may also impose periodic penalty payments to compel sponsors, providers of political advertising services and publishers to put to an end to a serious and repeated violation of this Regulation. |
Amendment 253
Proposal for a regulation
Article 16 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
| 4a. National contact points shall notify the Commission of the type and the amount of the penalties imposed. Member States shall report annually on the type and amount of penalties imposed to enforce this Regulation. The Commission shall also periodically draw up a report for the purposes of Article 18 of this Regulation. |
Amendment 254
Proposal for a regulation
Article 16 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. For infringements of the obligations laid down in Article 12, the supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679 may within their scope of competence impose administrative fines in line with Article 83 of Regulation (EU) 2016/679 and up to the amount referred to in Article 83(5) of that Regulation. | 6. For infringements of the obligations laid down in Articles -12 and 12, the supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679 and the European Data Protection Board may use the investigative and corrective powers laid down in that Regulation and within their scope of their competence impose administrative fines in line with Article 83 of Regulation (EU) 2016/679 and up to the amount referred to in Article 83(5) of that Regulation. |
Amendment 255
Proposal for a regulation
Article 16 – paragraph 6 a (new)
| Text proposed by the Commission | Amendment |
| 6a. In case of particularly serious and systemic infringements of the obligations laid down in Articles -12 and 12 by the sponsor, where the political advertising publisher is a very large online platform or a very large online search engine within the meaning of Article 33 of Regulation (EU) 2022/2065, the European Data Protection Board may order, for a strictly limited period of time, which does not exceed 15 days, the very large online platform or search engine not to provide targeting and ad delivery services for that particular sponsor, pursuant to Article 15(1a). Such suspension may be imposed in addition to or instead of an administrative fine. |
Amendment 256
Proposal for a regulation
Article 16 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. For infringements of the obligations laid down in Article 12, the supervisory authority referred to in Article 52 of Regulation (EU) 2018/1725 may impose within its scope of competence administrative fines in line with Article 66 of Regulation (EU) 2018/1725 up to the amount referred to in Article 66 (3) of that Regulation. | 7. For infringements of the obligations laid down in Articles -12 and 12, the supervisory authority referred to in Article 52 of Regulation (EU) 2018/1725 may use the investigative and corrective powers laid down in that Regulation and impose within the scope of its competence administrative fines in line with Article 66 of Regulation (EU) 2018/1725 up to the amount referred to in Article 66 (3) of that Regulation. |
Amendment 257
Proposal for a regulation
Article 16 – paragraph 7 a (new)
| Text proposed by the Commission | Amendment |
| 7 a. Member States shall report annually to the Commission on the sanctions imposed to enforce the provisions of this Regulation, in particular on the type of sanctions applied and the amount of the administrative fines and financial penalties. The Commission shall summarise and evaluate those reports annually and use them for the review process under Article 18. |
Amendment 258
Proposal for a regulation
Article 16 – paragraph 7 b (new)
| Text proposed by the Commission | Amendment |
| 7 b. The Commission is empowered to adopt delegated acts in accordance with Article 19 to introduce minimum sanctions across the Union for infringements of the obligations laid down in Articles -12 and 12, paragraphs 1 to 1e, after having consulted competent authorities and other relevant stakeholders. |
Amendment 259
Proposal for a regulation
Article 18 – paragraph 1
| Text proposed by the Commission | Amendment |
| Within two years after each election to the European Parliament and for the first time by 31 December 2026 at the latest, the Commission shall submit a report on the evaluation and review of this Regulation. This report shall assess the need for amendment to this Regulation. The report shall be made public. | Within two years after each election to the European Parliament, the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. This report shall assess the need for amendment to this Regulation, in particular with regard to: |
| (a) the scope of the Regulation and definition of political advertising in Article 2 (2); | |
| (b) the effectiveness of the transparency measures, especially the declaration and mechanisms to identify the political nature of an advertisement in Articles 5 and 5a; | |
| (c) the effectiveness of the supervision and enforcement structure and the need to introduce harmonised sanctions across the Union for infringements of the obligations laid down in this Regulation, and in particular the infringements referred to in Artricle 16(4); | |
| (d) the effectiveness of this Regulation in view of technological, scientific and other developments; | |
| (e) the interplay of this Regulation with the legal acts referred to in Article 1(4). | |
| The report shall be made public. |
Amendment 260
Proposal for a regulation
Article 19 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The power to adopt delegated acts referred to in Article 7(8) and Article 12(8) shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections]. | 2. The power to adopt delegated acts referred to in Article 7(1b), Article 7a(5) and (6), Article 7b(6) and Article 9(4a) shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections]. |
Amendment 261
Proposal for a regulation
Article 19 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. The delegation of power referred to in Article 7(8) and Article 12(8) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. | 3. The delegation of power referred to in Article 7(1b), Article 7a(5) and (6), Article 7b(6) and Article 9(4a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |
Amendment 262
Proposal for a regulation
Article 19 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3 a. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. |
Amendment 263
Proposal for a regulation
Article 19 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. A delegated act adopted pursuant to Article 7(8) or Article 12(8) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. | 5. A delegated act adopted pursuant to Article 7(1b), Article 7a(5) and (6), Article 7b(6) and Article 9(4a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. |
Amendment 264
Proposal for a regulation
Article 19 a (new)
| Text proposed by the Commission | Amendment |
| Article 19 a | |
| Committee procedure | |
| 1. The Commission shall be assisted by a Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. | |
| 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. |
Amendment 265
Proposal for a regulation
Article 20 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. It shall apply from 1 April 2023. | 2. It shall apply from [3 months after the entry into force of this Regulation]. |
| However, Article 7b, paragraphs 1, 4 and 5 shall apply from [one year after the entry into force of this Regulation]. |
Amendment 266
Proposal for a regulation
Annex I – title
| Text proposed by the Commission | Amendment |
| Information to be provided under Article 7(2) | Information to be provided under Article 7a(1) |
Amendment 267
Proposal for a regulation
Annex I – point a
| Text proposed by the Commission | Amendment |
| (a) where the notice is not within the advertisement itself, an example/representation of the political advertisement or a link to it. | (a) where the notice is not within or attached to the advertisement itself, an example/representation of the political advertisement or a link to it. |
Amendment 268
Proposal for a regulation
Annex I – point b
| Text proposed by the Commission | Amendment |
| (b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is disseminated including their name, address, telephone number and electronic mail address, and whether they are a natural or legal entity. | (b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is prepared, placed, promoted, published, delivered or disseminated including their name, address, telephone number or electronic mail address, and whether they are a natural or legal entity. |
Amendment 269
Proposal for a regulation
Annex I – point c
| Text proposed by the Commission | Amendment |
| (c) the period during which the political advertisement is disseminated and, where applicable and known to the publisher, the fact that the same advertisement has been disseminated in the past. | (c) the period during which the political advertisement is delivered or disseminated and, where applicable and known to the publisher, the fact that the same advertisement has been disseminated in the past. |
Amendment 270
Proposal for a regulation
Annex I – point d
| Text proposed by the Commission | Amendment |
| (d) any election with which the advertising is linked, if applicable. | (d) any election, referendum, legislative or regulatory process with which the advertising is linked, if applicable. |
Amendment 271
Proposal for a regulation
Annex I – point e
| Text proposed by the Commission | Amendment |
| (e) the provisional aggregated amount spent on, and the value of other benefits received in part or full exchange for the specific advertisement, and on the specific advertising campaign where relevant, including on the preparation, placement, promotion, publication and dissemination of the political advertisements, as well as the aggregated actual amount spent and the value of other benefits received once known. | (e) the aggregated amount spent on, and the value of other benefits received in part or full exchange for the specific advertisement, and on the specific advertising campaign where relevant, including on the preparation, placement, promotion, publication, delivery and dissemination of the political advertisements, as well as the aggregated actual amount spent and the value of other benefits received once known. |
Amendment 272
Proposal for a regulation
Annex I – point f
| Text proposed by the Commission | Amendment |
| (f) the sources of the funds being used for the specific advertising campaign including for the preparation, placement, promotion, publication and dissemination of the political advertisements. | (f) the origin of the amounts and other benefits being used for the specific advertising campaign including for the preparation, placement, promotion, publication, delivery and dissemination of the political advertisements. |
Amendment 273
Proposal for a regulation
Annex I – point h
| Text proposed by the Commission | Amendment |
| (h) where the publisher is a very large online platform, a link to the advertisement’s location in the publisher’s advertising repository. | (h) a link to the advertisement’s location in the European Repository for Online Political Advertisements. |
Amendment 274
Proposal for a regulation
Annex II
| Text proposed by the Commission | Amendment |
| Information to be provided under Article 12(3) | deleted |
| (a) the specific groups of recipients targeted, including the parameters used to determine the recipients to whom the advertising is disseminated, with the same level of detail as used for the targeting, the categories of personal data used for the targeting and amplification, the targeting and amplification goals, mechanisms and logic including the inclusion and exclusion parameters and the reasons for choosing these parameters. | |
| (b) the period of dissemination, the number of individuals to whom the advertisement is disseminated and indications of the size of the targeted audience within the relevant electorate. | |
| (c) the source of the personal data referred to in point (a), including, where applicable, information that the personal data was derived, inferred, or obtained from a third party and its identity as well as a link to the data protection notice of that third party for the processing at stake. | |
| (d) a link to effective means to support individuals’ exercise of their rights under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable, in the context of targeting and amplification of political advertising on the basis of their personal data. |
EXPLANATORY STATEMENT
On 25 November 2021, the Commission put forward its much-anticipated proposal for a Regulation on the transparency and targeting of political advertising, which is part of the Commission’s European Democracy Action Plan. The Regulation should enter into force and be fully implemented by April 2023, a year before the 2024 elections to the European Parliament.
The main purpose of the Regulation is to lay down harmonised transparency obligations for providers of political advertising, and to introduce harmonised rules on the use of targeting and amplification techniques for political advertising, where personal data is used. This legislative proposal complements the Digital Services Act Regulation (DSA) as it establishes specific rules that build on the horizontal rules for platforms addressed thereby.
The political advertising services in the EU are evolving, showing particular increase in online services, which are often provided cross border. The digital transition and technological changes have enabled a proliferation of different new media and methods of funding, preparation, placement, promotion, publication and dissemination of political advertising. These developments, against the background of fragmented and unevenly enforced national regulation, clearly demonstrate, that the internal market rules should be adapted so that to ensure adequate level of transparency for political advertising, necessary for a fair and open electoral process in all Member States.
The Rapporteur welcomes the Commission proposal for a Regulation on the transparency and targeting of political advertising and fully supports its aim to contribute to the proper functioning of the internal market, as it seeks to eliminate the current fragmentation of requirements and ensure the free movement of political advertising services across the Union.
When evaluating possible modifications to the Commission proposal, the Rapporteur took into account - inter alia - the new legislative framework provided by the Digital Services Act, the current legislative framework on European Political parties, including the recent Commission proposal to amend Regulation 1141/2014 and finally the European Parliament resolution of 9 March 2022 on foreign interference in all democratic processes in the European Union, including disinformation.
Following a broad consultation with various stakeholders, the Rapporteur proposes the following modifications to the Commission proposal.
1. Subject matter, scope and definitions
The Rapporteur proposes to clarify the scope, in particular by adding due diligence obligations to those relating to transparency, which should be applicable to sponsors, in addition to providers of political advertising services and publishers. Furthermore, the Regulation should protect fundamental rights and freedoms as enshrined in the Union and national law, including the Charter on Fundamental Rights and should not affect the content of political advertising or national rules on electoral periods and political campaigns. Furthermore, political opinions under the editorial responsibility of a service provider should not be considered political advertising when expressed without any form of payment from a third party.
The Rapporteur also proposes clarifications of several definitions, in particular of ‘political advertising’ ‘political actor’ and ‘political advertising publisher’, ‘targeting and amplification techniques’ and suggests new definition of ‘providers of political advertising services’ in order to contribute to the clearer understanding of the enacting provisions.
The Rapporteur finds it important to spell out clearly the criteria for identifying an advertisement as political advertisement. Such criteria should include the content and objective of the message, its sponsor, the language used to convey the message, as well as the context and the means by which the message is conveyed. There should be a clear link between the message and its design and liability to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour. The Rapporteur considers it appropriate to encourage Members States to elaborate guidance, codes of conducts and standards needed to achieve effective application of these criteria.
2. Transparency and due diligence obligations for political advertising services
The Rapporteur considers it crucial to clarify and enhance the obligations of the different actors within the entire chain of political advertising and recommends for them to respect certain due diligence obligations when requesting or providing political advertising services. Furthermore, all service providers should ensure that the contractual arrangements concluded for the provision of a political advertising service specify how the relevant provisions of this Regulation are complied with.
The Rapporteur proposes provision clarifying that political advertising in the EU may be provided only to a sponsor who is a citizen of the Union or to a natural or legal person, established or residing in the EU.
With regards to transparency obligations for political advertising services, the Rapporteur proposes the following clarifications:
The declaration made by the sponsors or the providers of advertising services acting on behalf of sponsors whether the advertising service constitutes a political advertising service should be made in a good faith, should contain accurate information, and should be provided in timely, complete and accurate manner. In case of manifestly erroneous declarations, the providers of advertising services should request corrections. Furthermore, in this context, additional risk management obligations should apply to service providers who are Very large online platforms in the meaning of the Digital Services Act. Member States should be encouraged to put in place tools that would facilitate the proper application of these obligations;
Strengthening the provisions on record-keeping and transmission of information to the political advertising publisher so as to ensure that providers of political advertising services retain information they collect in the provision of their services and communicate it to the political advertising publisher in a timely and accurate manner;
The Commission should put forward common standards to establish harmonised, efficient and prominent labels for political advertisements;
Clarifications with regards to the information to be provided in the transparency notice and the responsibility of providers of political advertising services, including publishers with regards to accuracy and completeness of information;
Clarifications with regards to libraries for political advertisements: political advertising publishers need to make information from transparency notices available in online libraries for political advertisements: this should happen in real time for publishers which are Very large online platforms (VLOPs) or Very large online search engines (VLOSEs) and no later than 24 hours for smaller publishers. To help smaller economic players, an EU library for hosting political advertisements shall be developed. Finally, the Commission would be required to adopt common standards to establish common data structure and standards, and a common application programming interface;
Clarifications with regards to the foreseen procedures for natural and legal persons to easily flag up possibly unlawful political advertisements, and enhanced obligations for publishers and other providers of political advertising services to ensure that such advertisements are properly dealt with.
3. Targeting and amplification of political advertising
When it comes to the obligations concerning targeting and amplification of political advertising involving the processing of personal data, the main focus of the Rapporteur goes to ensuring that political advertising publishers include in the transparency notice all information necessary to allow the individual concerned to understand the logic involved and the main parameters of the technique used. The publisher should also include a reference to effective means to support individuals exercise their data protection rights, in particular a reference to the right to give or refuse consent, with a link to an interface allowing for easily exercise such right.
4. Supervision, enforcement and sanctions
In respect of supervision and enforcement, the Rapporteur proposes to ensure a much closer cooperation at European level between the competent national authorities, while preserving the national competences in this field. As Member States will be required to designate one competent authority as a contact point, the Rapporteur proposes that those authorities work together within the Network of national contact points, in the framework of the already existing European Cooperation Network on Elections. The Rapporteur also elaborates the main tasks of this Network such as the exchange of information and best practices; the preparation of guidance, codes of conducts and standards to support actors involved to comply with main requirements of this Regulation; the development of an harmonised approach on sanctions.
As for the provisions requiring Member States to lay down rules on sanctions, including administrative fines and financial penalties for infringements of the Regulation, the Rapporteur suggests that Member States should also have possibility to impose periodic penalty payments in case of a serious and repeated violations.
5. Review, codes of conduct, interpretative guidance and standards
The Rapporteur suggests clarifying better the review clause, according to which the Commission should regularly evaluate the implementation of the Regulation and report on that. While assessing the effectiveness of this new instrument, the Rapporteur considers that the Commission should pay particular attention to several key elements such as the scope, the definition of political advertising, the effectiveness of codes of conducts, of its governance and the possibility to introduce harmonised sanctions.
Finally, the Rapporteur considers that it would be important to elaborate codes of conduct, interpretative guidance and standards to support the sponsors, service providers acting on the behalf of sponsors, and providers of political advertising services in complying with the key requirements of this Regulation.
3.11.2022
OPINION OF THE COMMITTEE ON CULTURE AND EDUCATION
for the Committee on the Internal Market and Consumer Protection
on the proposal for a regulation of the European Parliament and of the Council on transparency and targeting of political advertising
(COM(2021)0731 – C90433/2021 – 2021/0381(COD))
Rapporteur for opinion (*): Sabine Verheyen
(*) Associated committee – Rule 57 of the Rules of Procedure
SHORT JUSTIFICATION
On 25 November 2021, the European Commission published its legislative proposal for a regulation on the transparency and targeting of political advertising, which aims to introduce a legal framework to ensure a high level of transparency of political advertising and related services.
Overall, the Rapporteur welcomes the proposal but would like to suggest a series of amendments in order to clarify certain provisions related to the dissemination of political advertising through offline media forms and in order to ensure a consistent approach between offline and online service providers of political advertising.
In addition, the Rapporteur highlights the interlinks and complementarities between the new proposal and the Audiovisual Media Services Directive (AVMSD) and the need to safeguard the freedom of expression and right to information.
Finally, regarding the governance aspects, the proposed regulation does not necessarily provide for the creation of any additional authorities or bodies at Member State level as these tasks could be entrusted to relevant competent national authorities, in particular, those already playing a role under the field of media regulation. However, the Rapporteur aims to clarify certain cooperation mechanisms between all the authorities involved in order to try to mitigate future enforcement challenges.
AMENDMENTS
The Committee on Culture and Education calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take into account the following amendments:
Amendment 1
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
| (5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way. | (5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, freedom of expression, protection of the Union citizens who live outside the Union, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way. |
Amendment 2
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national legislation are likely to exist in some Member States resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising. | (6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services, which directly affect the capacity to conduct cross-border and pan-European political campaigns. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national and Union legislation are likely to exist in some Member States resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising. |
Amendment 3
Proposal for a regulation
Recital 13
| Text proposed by the Commission | Amendment |
| (13) This Regulation should not affect the substantive content of political advertising nor rules regulating the display of political advertising including so-called silence periods preceding elections or referendums. | (13) It is essential that this Regulation does not affect the substantive content of political advertising nor rules regulating the display of political advertising including so-called silence periods preceding elections or referendums; Furthermore, it is essential that this Regulation does not affect, nor is used to affect in any way the fundamental right to freedom of opinion and freedom of speech; |
Amendment 4
Proposal for a regulation
Recital 16
| Text proposed by the Commission | Amendment |
| (16) The definition of political advertising should include advertising published or disseminated directly or indirectly by or published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature. | (16) The definition of political advertising should include advertising prepared, purchased, placed, published, promoted or disseminated by any means directly or indirectly by or published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, or the outcome of an election or referendum, except for messages of purely private or purely commercial nature. |
Amendment 5
Proposal for a regulation
Recital 17
| Text proposed by the Commission | Amendment |
| (17) The publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour. | (17) The publication, promotion or dissemination by other actors of a message that is liable and designed to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour or the public opinion on societal issues should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable and designed to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the sponsor of the message, the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published, placed, promoted or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour. |
Amendment 6
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
| (19) Political views expressed in the programmes of audiovisual linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation. | (19) The media contribute to the well-functioning of democratic processes and play an essential role in the freedom of expression and right to information, particularly during election periods. They provide a space for public debate and contribute to public opinion-forming. This Regulation should therefore not affect the editorial freedom of the media. Political views and other editorial content which aims to inform, entertain or educate and is expressed under the editorial responsibility of a media service provider in the programmes of audio and audiovisual media, including linear or non-linear broadcasts, or published in printed or online media should not be considered political advertisement and should not be covered by this Regulation, unless the provider has been paid or remunerated by a third party for the political advertisement. |
Amendment 7
Proposal for a regulation
Recital 19 a (new)
| Text proposed by the Commission | Amendment |
| (19a) Media literacy is central to allow citizens to use media effectively and safely. It is also an essential skill for the public to benefit from the access to information on political advertisement provided by this Regulation. Therefore, it is important to promote the development of media literacy in Member States and at Union level, in all sections of the society, for citizens of all ages. |
Amendment 8
Proposal for a regulation
Recital 26
| Text proposed by the Commission | Amendment |
| (26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the preparation, placement, promotion, publication and dissemination of political advertising. | (26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the preparation, purchase, placement, publication, promotion and dissemination of political advertising. |
Amendment 9
Proposal for a regulation
Recital 39
| Text proposed by the Commission | Amendment |
| (39) This information should be provided in a transparency notice which should also include the identity of the sponsor, in order to support accountability in the political process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article 14, 15 and 19 of Regulation (EU) 2021/XXX [Digital Services Act]. | (39) This information should be provided in a transparency notice which should also include the identity of the sponsor and, where applicable, the entity or person ultimately controlling or financing the sponsor, in order to support accountability in the political process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. The same rules should apply to the entity or person ultimately controlling the sponsor. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the placement, publication, promotion and dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article 14, 15 and 19 of Regulation (EU) 2021/XXX [Digital Services Act]. Providers of political advertising services should ensure that the information provided is complete and correct. |
Amendment 10
Proposal for a regulation
Recital 40
| Text proposed by the Commission | Amendment |
| (40) The information to be included in the transparency notice should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisement. The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or with the advertisement. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive 2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities. | (40) The information to be included in the transparency notice should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisement. The presentation of the information can vary depending on the means used, taking into account the character of offline advertising. In order to easily retrieve the information in the transparency notice, use could be made for instance of a link to a dedicated webpage, onscreen or via audio means, a Quick Response code (QR code) or equivalent user-friendly technical measures. The advertising publisher should ensure that the information about the transparency notice is to be inter alia clearly visible and should feature prominently in or with the advertisement. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive (EU) 2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities. Interacting with the link or other equivalent means to access the transparency notice should not on its own be understood as engaging with the corresponding political advertisement. |
Amendment 11
Proposal for a regulation
Recital 42
| Text proposed by the Commission | Amendment |
| (42) Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement. Political advertising publishers should not make available to the public those political advertisements not fulfilling the transparency requirements under this Regulation. In addition, political advertising publishers which are very large online platforms within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 30 Regulation [Digital Services Act] . This will facilitate the work of interested actors including researchers in their specific role to support free and fair elections or referendums and fair electoral campaigns including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape. | (42) Since political advertising publishers make political advertisements available to the public, they should place, publish, promote or disseminate that information in the transparency notice to the public together with the placement, publication, promotion or dissemination of the political advertisement. Political advertising publishers should not make available to the public those political advertisements not fulfilling the transparency requirements under this Regulation. In addition, political advertising publishers which are very large online platforms and very large online search engines within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 30 Regulation [Digital Services Act]. Political advertising publishers which are not very large online platforms or very large online search engines within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make available in a repository the information contained in the transparency notice. It is necessary that very large online platforms and very large online search engines ensure real-time access to such information. Given the context of political advertisement and its impact on democratic processes, public accountability and regulatory supervision are needed to enable individuals to make informed political decisions free from interference or manipulation. This will facilitate public scrutiny and the work of interested actors including researchers in their specific role to support free and fair elections or referendums and fair electoral campaigns including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape. |
Amendment 12
Proposal for a regulation
Recital 57
| Text proposed by the Commission | Amendment |
| (57) As regards the supervision of online intermediary services under this Regulation, Member States should designate competent authorities and ensure that such supervision is coherent with the competent authorities designated pursuant to Article 38 of Regulation (EU) [Digital Services Act]. Digital Services Coordinators, pursuant to Regulation (EU) Digital Services Act, in each Member State should in any event be responsible for ensuring coordination at national level in respect to those matters and engage, where necessary, cross-border cooperation with other Digital Services Coordinators following the mechanisms laid down in Regulation (EU) [Digital Services Act]. In the framework of application of this Regulation, this mechanism should be limited to the national cooperation across Digital Services Coordinators [and should not include the escalation to the Union level as provided by the Regulation (EU) [Digital Services Act]. | (57) As regards the supervision of online intermediary services under this Regulation, Member States should designate competent authorities and ensure that such supervision is coherent with the competent authorities designated pursuant to Article 38 of Regulation (EU) [Digital Services Act] and with the competent authorities for the monitoring of the application of Directive 2010/13/EU of the European Parliament and of the Council1a, in light of the competences and powers conferred on such authorities pursuant to Directive (EU) 2018/1808 of the European Parliament and of the Council1b. Depending the scope of the issue, Digital Services Coordinators, pursuant to Regulation (EU) Digital Services Act or the national authorities responsible for the application of Directive 2010/13/EU, in each Member State should in any event be responsible for ensuring coordination at national level in respect to those matters and engage, where necessary, cross-border cooperation with other Digital Services Coordinators following the mechanisms laid down in Regulation (EU) [Digital Services Act], or with the mechanism laid down in Article 29 of Directive 2010/13/EU. In the framework of application of this Regulation, these mechanisms should be limited to the national cooperation across Digital Services Coordinators or national authorities monitoring the application of Directive 2010/13/EU. |
| __________________ | |
| 1a Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive (OJ L 95, 15.4.2010, p. 1). | |
| 1b Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities (OJ L 303, 28.11.2018, p. 69). |
Amendment 13
Proposal for a regulation
Recital 58
| Text proposed by the Commission | Amendment |
| (58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States should designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council13 . | (58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725, and Directive 2010/13/EU, Member States should designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States should designate the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council13. |
| __________________ | __________________ |
| 13 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive (OJ L 95, 15.4.2010, p. 1). | 13 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive (OJ L 95, 15.4.2010, p. 1). |
Amendment 14
Proposal for a regulation
Recital 59
| Text proposed by the Commission | Amendment |
| (59) Where rules already exist under Union law regarding the provision of information to competent authorities and cooperation with and between those authorities such as Article 9 of Regulation (EU) 2021/xxx [Digital Services Act], or those contained in Regulation (EU) 2016/679, those rules should apply mutatis mutandis to the relevant provisions of this Regulation. | (59) Where rules already exist under Union law regarding the provision of information to competent authorities and cooperation with and between those authorities such as Article 9 of Regulation (EU) 2021/xxx [Digital Services Act], or those contained in Regulation (EU) 2016/679, or in Directive 2010/13/EU, those rules should apply mutatis mutandis to the relevant provisions of this Regulation. |
Amendment 15
Proposal for a regulation
Recital 62
| Text proposed by the Commission | Amendment |
| (62) Member States should designate a contact point at Union level for the purpose of this Regulation. The contact point should, if possible, be a member of the European Cooperation Network on Elections. The contact point should facilitate cooperation among competent authorities between Member States in their supervision and enforcement tasks, in particular by intermediating with the contact points in other Member States and with the competent authorities in their own. | (62) Member States should designate a contact point at Union level for the purpose of this Regulation. The contact point should use already existing structures of the European Cooperation Network on Elections or the European Regulators Group for Audiovisual Media Services (ERGA). The contact point should facilitate cooperation among competent authorities between Member States in their supervision and enforcement tasks, in particular by intermediating with the contact points in other Member States and with the competent authorities in their own. |
Amendment 16
Proposal for a regulation
Recital 63
| Text proposed by the Commission | Amendment |
| (63) Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or financial penalties. When doing so, they should take into account the nature, gravity, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, as well as the economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in Article 7 for the effective pursuit of the objectives of the present Regulation should be taken into account. Furthermore, they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, including by delaying the provision of information to interested entities, as well as, where relevant, whether the provider of political advertising services is active in several Member States. Financial penalties and administrative fines shall in each individual case be effective, proportionate and dissuasive, with due regard to the provision of sufficient and accessible procedural safeguards, and in particular to ensure that the political debate remains open and accessible. | (63) Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or financial penalties When doing so, they should take into account the nature, gravity, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, as well as the size and economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in Articles 5 and Article 7 for the effective pursuit of the objectives of the present Regulation should be taken into account and infringements of those Articles should be regarded as particularly serious. Furthermore, they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, including by delaying the provision of information to interested entities, as well as, where relevant, whether the provider of political advertising services is active in several Member States. Financial penalties and administrative fines shall in each individual case be effective, proportionate and dissuasive, with due regard to the provision of sufficient and accessible procedural safeguards, and in particular to ensure that the political debate remains open and accessible. |
Amendment 17
Proposal for a regulation
Article 1 – paragraph 4 – point f
| Text proposed by the Commission | Amendment |
| (f) Directive (EU) 2010/13; | (f) Directive 2010/13/EU; |
Amendment 18
Proposal for a regulation
Article 2 – paragraph 1 – point 2
| Text proposed by the Commission | Amendment |
| 2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, of a message: | 2. ‘political advertising’ means the preparation, purchase, placement, promotion, publication promotion or dissemination, by any means, of a message: |
| (a) by, for or on behalf of a political actor, unless it is of a purely private or a purely commercial nature; or | (a) by, for or on behalf of a political actor, unless it is of a purely private or a purely commercial nature; or |
| (b) which is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour. | (b) which is liable and designed to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour by influencing the public opinion on societal issues. |
| This notion does not include political views or other editorial content expressed under the editorial responsibility of a media service provider, within the meaning of Article 1(1), points (c) and (d), respectively, of Directive 2010/13/EU, in the programmes of audio and audiovisual media, including linear or non-linear broadcasts, or published in printed or online media, unless the provider has been paid or remunerated by a third party for such content. |
Amendment 19
Proposal for a regulation
Article 2 – paragraph 1 – point 5
| Text proposed by the Commission | Amendment |
| 5. ‘political advertising service’ means a service consisting of political advertising with the exception of an online intermediary service within the meaning of Article 2(f) of Regulation (EU) 2021/XXX [Digital Services Act] that is provided without consideration for the placement, publication or dissemination for the specific message; | 5. ‘political advertising service’ means a service which is normally provided against direct payment or equivalent remuneration, consisting in particular of the preparation, purchase, placement, publication, promotion or dissemination of a political advertisement, without including an online intermediary service within the meaning of Article 2(f) of Regulation (EU) 2021/XXX [Digital Services Act] that is provided without consideration for the placement, publication or dissemination for the specific message; |
Amendment 20
Proposal for a regulation
Article 2 – paragraph 1 – point 11
| Text proposed by the Commission | Amendment |
| 11. ‘political advertising publisher’ means a natural or legal person that broadcasts, makes available through an interface or otherwise brings to the public domain political advertising through any medium; | 11. ‘political advertising publisher’ means a natural or legal person that broadcasts, makes available through an interface or otherwise disseminates, places, publishes, promotes or delivers political advertising through any medium; |
Amendment 21
Proposal for a regulation
Article 7 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) a statement to the effect that it is a political advertisement; | (a) a clear statement to the effect that it is a political advertisement: |
Amendment 22
Proposal for a regulation
Article 7 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) the identity of the sponsor of the political advertisement and the entity ultimately controlling the sponsor; | (b) the identity of the sponsor of the political advertisement and, where applicable, the entity ultimately controlling or financing the sponsor; |
Amendment 23
Proposal for a regulation
Article 7 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
| (c) a transparency notice to enable the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved. | (c) a transparency notice to explain the wider context of the political advertisement and its aims, or a clear indication of where it can be easily retrieved. |
Amendment 24
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
| 2. The transparency notice shall be included in each political advertisement or be easily retrievable from it, and shall include the following information: | 2. The transparency notice shall be included in each political advertisement or be easily retrievable from it, and shall include the following information in a clear format: |
Amendment 25
Proposal for a regulation
Article 7 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
| (a) the identity of the sponsor and contact details; | (a) the identity of the sponsor of the political advertisement, its place of establishment and up-to-date contact details and, where applicable, the entity ultimately controlling or financing the sponsor; |
Amendment 26
Proposal for a regulation
Article 7 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
| (b) the period during which the political advertisement is intended to be published and disseminated; | (b) the period during which the political advertisement is intended to be placed, published, promoted and disseminated; |
Amendment 27
Proposal for a regulation
Article 7 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
| (c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement. and of the political advertising campaign where relevant, and their sources; | (c) based among others on information received in line with Article 6(3), information on the sources, aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement, and, in the case of political advertisement that is part of a political advertising campaign, information on the sources of the aggregated amounts; |
Amendment 28
Proposal for a regulation
Article 7 – paragraph 2 – point e
| Text proposed by the Commission | Amendment |
| (e) where applicable, links to online repositories of advertisements; | (e) where applicable, links to online repositories of political advertisements; |
Amendment 29
Proposal for a regulation
Article 7 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2a. For the purposes of paragraphs 1 and 2, the specificities of the medium of publication shall be taken into account in particular to adapt the modalities to audiovisual media services, radio and press; |
Amendment 30
Proposal for a regulation
Article 7 – paragraph 2 b (new)
| Text proposed by the Commission | Amendment |
| 2b. Sponsors shall ensure that the information referred to in paragraphs 1 and 2 is complete and correct. |
Amendment 31
Proposal for a regulation
Article 7 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement. | 3. Political advertising publishers shall ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, the political advertising publishers shall complete that information. Until such information is completed, the political advertising publisher shall not make the political advertisement available and shall inform the relevant service providers and the sponsor accordingly. |
Amendment 32
Proposal for a regulation
Article 7 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. Where, after a political advertisement is published, the political advertising publisher becomes aware that the information referred in paragraphs 1 and 2 is not accurate and complete, it shall request the sponsor or the relevant service providers, to correct or complete that information expeditiously. |
Amendment 33
Proposal for a regulation
Article 7 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher with the political advertisement from its first publication until one year after its last publication. | 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and clearly visible and machine readable, user friendly, including through the use of plain language, and where applicable, accessible for people with disabilities or impairments. The information shall be published by the political advertising publisher with the political advertisement from its first publication until one year after its last publication. Interacting with the link or other equivalent means to access the transparency notice shall not on its own be understood as engaging with the corresponding political advertisement. |
Amendment 34
Proposal for a regulation
Article 7 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2. | 6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] or very large online search engines within the meaning of Article 33a of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30 of that regulation [Digital Services Act] make available for each political advertisement in a dedicated repository the information referred to in paragraph 2 and ensure real-time access to such information. |
Amendment 35
Proposal for a regulation
Article 7 – paragraph 6 a (new)
| Text proposed by the Commission | Amendment |
| 6a. Political advertising publishers which are not very large online platforms or very large search engines within the meaning of Regulation (EU) 2021/xxx [the DSA] shall make available the information referred to in paragraph 2 of this Article in a dedicated repository. | |
| The Commission shall adopt a delegated act in accordance with Article 19 in order to supplement this Regulation by setting out rules on the structure, organisation and functionalities of the repositories referred to in the first subparagraph. | |
| The Commission shall adopt such a delegated act [by day/month/year] on the basis of an impact assessment on the possible options to implement the requirement laid down therein. The obligation set out in the first subparagraph shall apply [X] months after the entry into force of the delegated act referred to in the second subparagraph |
Amendment 36
Proposal for a regulation
Article 7 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding, modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where, in the light of technological developments, such an amendment is necessary for the wider context of the political advertisement and its aims to be understood. | 8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding, modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where, in the light of technological developments, relevant scientific research, developments in supervision by competent authorities and relevant guidance issued by competent bodies, such an amendment is necessary for the wider context of the political advertisement and its aims to be understood. |
Amendment 37
Proposal for a regulation
Article 9 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
| 4a. In the case of offline political advertising services, printed media and small media enterprises, the obligations laid down in this Article shall apply taking into account the specificities of those services and of those types of media. |
Amendment 38
Proposal for a regulation
Article 15 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. The national regulatory authorities or bodies referred in Article 30 of Directive 2010/13/EU shall have the power to monitor the application of this Regulation with regard to provisions of Directive 2010/13/EU and shall be responsible for ensuring coordination on those provisions at national and Union level. Articles 30a and 30b of Directive 2010/13/EU shall apply mutatis mutandis. |
Amendment 39
Proposal for a regulation
Article 15 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 2. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation. | 3. Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1, 1a and 2. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation. |
Amendment 40
Proposal for a regulation
Article 15 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Member States shall ensure cooperation among competent authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. | 6. Member States shall ensure cooperation among competent authorities in particular in the framework of national elections networks and in the European Regulators Group for Audiovisual Media Services (‘ERGA’), to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. |
Amendment 41
Proposal for a regulation
Article 15 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Each Member State shall designate one competent authority as a contact point at Union level for the purposes of this Regulation. | 7. Each Member State shall designate competent authorities as a contact point at Union level for the purposes of this Regulation, and shall ensure a comprehensive cooperation between their national authorities and the Commission. |
Amendment 42
Proposal for a regulation
Article 15 – paragraph 9
| Text proposed by the Commission | Amendment |
| 9. Contact points shall meet periodically at Union level in the framework of the European Cooperation Network on Elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation. | 9. Contact points shall meet periodically at Union level in the framework of the European Cooperation Network on Elections or of ERGA to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation. |
Amendment 43
Proposal for a regulation
Article 16 – paragraph 3 – point e a (new)
| Text proposed by the Commission | Amendment |
| (ea) the size and economic capacity of the political advertising service provider. |
Amendment 44
Proposal for a regulation
Article 16 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Infringements of Article 7 shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election is being organised. | 4. Infringements of Articles 5 and 7 shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period or directed to citizens in the Member State in which the relevant election or referendum is being organised. |
Amendment 45
Proposal for a regulation
Annex I – point b
| Text proposed by the Commission | Amendment |
| (b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is disseminated including their name, address, telephone number and electronic mail address, and whether they are a natural or legal entity. | (b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is prepared, placed, published, promoted and disseminated including their name, address, telephone number and electronic mail address, and whether they are a natural or legal entity. |
Amendment 46
Proposal for a regulation
Annex I – point d
| Text proposed by the Commission | Amendment |
| (d) any election with which the advertising is linked, if applicable. | (d) any election or referendum with which the advertising is linked, if applicable. |
OPINION OF THE COMMITTEE ON CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS
for the Committee on the Internal Market and Consumer Protection
on the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising
(COM(2021)0731 – C90433/2021 – 2021/0381(COD))
Rapporteur for opinion: Anna Júlia Donáth
(*) Associated committee – Rule 57 of the Rules of Procedure
AMENDMENTS
The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take into account the following amendments:
Amendment 1
Proposal for a regulation
Recital 13
| Text proposed by the Commission | Amendment |
| (13) This Regulation should not affect the substantive content of political advertising nor rules regulating the display of political advertising including so-called silence periods preceding elections or referendums. | (13) This Regulation should not affect the substantive content of political advertising nor rules regulating the display of political advertising including so-called silence periods preceding elections or referendums. It is one of the aims of this Regulation to ensure accountability and the overall organisation of a fair and open political process, to safeguard citizens‘rights, including their freedoms of opinion and of information, to make political decisions and exercise their voting rights, as well as to contribute to the proper functioning of the internal market for political advertising, to ensure that unlawful political advertisements can be identified and corrected in due time and that the offline and online space is aligned. Member States whose national laws foresee such possibility are encouraged to consider putting in place silence periods on political advertising, in the weeks prior to elections or referendums. Member States which do not have silence periods on political advertising are encouraged to consider putting in place such silence periods if they consider it needed to fully meet the objectives of this Regulation. |
Amendment 2
Proposal for a regulation
Recital 16
| Text proposed by the Commission | Amendment |
| (16) The definition of political advertising should include advertising published or disseminated directly or indirectly by or published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature. | (16) The definition of political advertising should include advertising sponsored, promoted, published or disseminated directly or indirectly by or sponsored, promoted, published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature. |
Amendment 3
Proposal for a regulation
Recital 17
| Text proposed by the Commission | Amendment |
| (17) The publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour. | (17) The sponsoring, promotion, publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, including the participation or non-participation in a voting process, should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the identity of the sponsor, the objective of the message and the means by which the message is published or disseminated, the audience targeted and the objective of the message. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour. |
Amendment 4
Proposal for a regulation
Recital 17 a (new)
| Text proposed by the Commission | Amendment |
| (17a) Bearing in mind that public issue advertisements are an intervention in the public debate that is ultimately targeted at influencing the decisions of legislators, and that legislators have a duty to act always on the basis of evidence and in the public interest, rather than on the basis of narrow political self-interest or lobbying by powerful vested interests, nothing in this Regulation should be taken to imply that public issue advertisements placed by genuine civil society actors are a threat to democracy or to politics, or that such advertisements regularly seek to, or have the power to, meaningfully manipulate legislators, and to thereby discharge them of the requirement to be mindful of the duty to act always on the basis of evidence and in the public interest. Nothing in this Regulation should be taken to imply that public issue advertisements placed by genuine civil society actors are anything other than welcome interventions in the public sphere and in political debate. The obligations that fall on civil society actors under this Regulation should not undermine or impede their work, and an annual review by the Commission should be undertaken, with input from a broad base of civil society, in order to monitor the effects of this Regulation on civil society and to propose remedial action if necessary. In undertaking the annual review, the Commission should be mindful of the need to identify and address without delay any bad faith or abusive use of the provisions of this Regulation to undermine civil society actors. |
Amendment 5
Proposal for a regulation
Recital 17 b (new)
| Text proposed by the Commission | Amendment |
| (17b) Mere generic service providers used by advertising service providers or political actors should not be considered as political advertising service providers and should instead be considered in practice as the offline equivalents of the on line intermediary service within the meaning of Article 3(g) of Regulation (EU)2022/2065 of the European Parliament and of the Council1a. Such generic service providers therefore include ‘mere conduit’, 'caching' or 'hosting' services, but also their offline equivalents such as postal and distribution services, graphic designers and print shops where they provide a similarly ‘neutral’ service. To qualify as an offline equivalent counterpart, those services should be subject to the same requirements, i.e. not to initiate the transmission, nor to select the receiver of the transmission, nor to select or modify the information contained in the transmission. | |
| _________ | |
| 1a Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1). |
Amendment 6
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
| (19) Political views expressed in the programmes of audiovisual linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation. | (19) Political views or other editorial content expressed under the editorial responsibility of a service provider in the programmes of audiovisual, medial, including linear and non linear broadcasts or published in printed or online magazines, newspapers or other media, unless the service provider has been remunerated by a third party for the political advertisement, should not be covered by this Regulation. Where a service provider re-publishes without editorial context content from a political campaign or candidate, such publication should be considered to be political advertising and treated as such even if such service has not been remunerated. |
Amendment 7
Proposal for a regulation
Recital 21
| Text proposed by the Commission | Amendment |
| (21) It is necessary to define political advertisement as an instance of political advertising. Advertisements include the means by which the advertising message is communicated, including in print, by broadcast media or via an online platforms service. | (21) It is necessary to define political advertisement as an instance of political advertising sponsored, prepared, placed, promoted, published or disseminated by any means. Advertisements include the means by which the advertising message is communicated, such as in print, by broadcast media or via an online platforms service or social network. |
Amendment 8
Proposal for a regulation
Recital 23
| Text proposed by the Commission | Amendment |
| (23) The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European, national, regional or local level. Other political organisations should also be included in that definition. | (23) The concept of political actors should also include Union institutions, governments, including those at regional and local levels and their respective authorities and bodies, with or without legal personality insofar as their communication can be assimilated to political advertising. The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European, national, regional or local level. Other political organisations should also be included in that definition. Certain persons may exercise control over political actors and advance their personal interests, while deliberately concealing such influence or being hidden from the public. Such persons should also be considered to be political actors within the meaning of this Regulation. |
Amendment 9
Proposal for a regulation
Recital 31
| Text proposed by the Commission | Amendment |
| (31) Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. Every limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. That is inter alia the case where the political ideas are communicated through advertising service providers. | (31) Freedom of expression and information as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas without interference and regardless of borders. Any restriction, condition, limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. That is inter alia the case where the political ideas are communicated through advertising service providers. Freedom of expression is one of the cornerstones of a lively democratic debate. |
Amendment 10
Proposal for a regulation
Recital 38
| Text proposed by the Commission | Amendment |
| (38) Transparency of political advertising should enable citizens to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in connection to each political advertisement of a clear statement to the effect that it is a political advertisement and of the identity of its sponsor. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising. They should also ensure the publication in connection to each political advertisement of information to enable the wider context of the political advertisement and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a link or equivalent clear and user-friendly direction included in the advertisement. | (38) Transparency of political advertising should enable citizens to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in connection to each political advertisement of a clear statement to the effect that it is a political advertisement and of the identity of its sponsor. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising. At least 15% of the displayed advertisement, space or timing depending of the format of the advertisement, should be used so that the political advertisement is easily identified as such. They should also ensure the publication in connection to each political advertisement of information to enable the wider context of the political advertisement and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a link or equivalent clear and user-friendly direction included in the advertisement. |
Amendment 11
Proposal for a regulation
Recital 42 a (new)
| Text proposed by the Commission | Amendment |
| (42a) The Commission should establish and manage a European library for offline and online political advertisements to host, archive and make publicly available political advertisements and all information contained in the transparency notice. Political advertising publishers should share all information contained in the transparency notice with the European library for political advertisements without undue delay and no later than 24 hours from its first publication. In addition, political advertising publishers which are very large online platforms and very large online search engines within the meaning of Article 33 of Regulation (EU) 2022/2065 should make all information contained in the transparency notice available and updated, in real time, through the repositories of advertisements published pursuant to Article 39 Regulation 2022/2065. |
Amendment 12
Proposal for a regulation
Recital 46
| Text proposed by the Commission | Amendment |
| (46) In order to allow specific entities to play their role in democracies, it is appropriate to lay down rules on the transmission of information published with the political advertisement or contained in the transparency notice to interested actors such as vetted researchers, journalists, civil society organisations and accredited election observers, in order to support the performance of their respective roles in the democratic process. Providers of political advertising services should not be required to respond to requests which are manifestly unfounded or excessive. Further, the relevant service provider should be allowed to charge a reasonable fee in case of repetitive and costly requests, taking into account the administrative costs of providing the information. | (46) In order to allow specific entities to play their role in democracies, it is appropriate to lay down rules on the transmission of information published with the political advertisement or contained in the transparency notice to interested parties, established in the Union, such as vetted researchers, journalists, civil society organisations and accredited election observers, in order to support the performance of their respective roles in the democratic process. Providers of political advertising services should not be required to respond to requests which are manifestly unfounded or excessive. Further, the relevant service provider should be allowed to charge a reasonable fee in case of repetitive and costly requests, taking into account the administrative costs of providing the information. |
Amendment 13
Proposal for a regulation
Recital 47
| Text proposed by the Commission | Amendment |
| (47) Personal data collected directly from individuals, or indirectly such as inferred data, when grouping individuals according to their assumed interests or derived through their online activity, behavioural profiling and other analysis techniques, is increasingly used to target political messages to groups or individual voters or individuals, and to amplify their impact. On the basis of the processing of personal data, in particular data considered sensitive under Regulation (EU) 2016/679 of the European Parliament and of the Council11 and Regulation (EU) 2018/1725 of the European Parliament and of the Council12 , different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. That has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to receive objective information, to form their opinion, to make political decisions and exercise their voting rights. This negatively impacts the democratic process. Additional restrictions and conditions compared to Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 should be provided. The conditions set out in this Regulation on the use of targeting and amplification techniques involving the processing of personal data in the context of political advertising should be based on Article 16 TFEU. | (47) Personal data collected directly from individuals, or indirectly such as observed or inferred data, when grouping individuals according to their assumed interests or derived through their online activity, behavioural profiling and other analysis techniques, is increasingly used to target political messages to groups or individual voters or individuals, and to amplify their impact. On the basis of the processing of personal data, in particular data considered sensitive under Regulation (EU)2016/679 of the European Parliament and of the Council11 and Regulation (EU) 2018/1725 of the European Parliament and of the Council12,different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. That has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to be treated fairly and equally, not to be manipulated, to receive objective information, to form their opinion, to make political decisions and exercise their voting rights. This furthermore negatively impacts the democratic process as it enables a fragmentation of the public debate about important societal issues, predatory voter analysis, selective outreach and, ultimately, the manipulation of the electorate. It also increases the risk of the spreading of disinformation, and has been used for foreign electoral interference especially by non-democratic foreign entities. Misleading or obscure advertising for political purposes is a risk because it influences the core mechanisms that enable the functioning of our democratic society. All this takes place despite already existing conditions for the processing of personal data, including for targeting and ad delivery, provided for in Regulations (EU) 2016/679 and (EU) 2018/1725 |
| __________________ | __________________ |
| 11 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). | 11 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L119, 4.5.2016, p. 1). |
| 12 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). | 12 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJL 295, 21.11.2018, p. 39). |
Amendment 14
Proposal for a regulation
Recital 47 a (new)
| Text proposed by the Commission | Amendment |
| (47a) The existing avenues under Regulation (EU) 2016/679 for lawfully tailoring and addressing advertising to individuals are subject to systemic abuse, especially with regard to collecting the free and informed consent of individuals, which cannot be solved under the current regulatory framework. |
Amendment 15
Proposal for a regulation
Recital 47 b (new)
| Text proposed by the Commission | Amendment |
| (47b) Dark patterns on online interfaces of online platforms are practices that materially distort or impair, either on purpose or in effect, the ability of users of the service to make autonomous and informed choices or decisions concerning the personal data they provide for the purpose of political advertising. Providers of online platforms should therefore be prohibited from nudging users of the service and from distorting or impairing the autonomy, decision-making, or choice of the users. |
Amendment 16
Proposal for a regulation
Recital 47 c (new)
| Text proposed by the Commission | Amendment |
| (47c) This should also include repeatedly requesting a user of the service to make a choice where such a choice has already been made, making the procedure of cancelling a service significantly more cumbersome than signing up to it, or making certain choices more difficult or time-consuming than others or by default settings that are very difficult to change, and so unreasonably bias the decision making of the user of the service, in a way that distorts and impairs their autonomy, decision-making and choice. However, rules preventing dark patterns should not be understood as preventing providers to interact directly with users of the service and to offer new or additional services to them. The systematic use of dark patterns, unclear consent agreements, misleading information, and insufficient time to read terms and conditions are common practices to make it difficult for users of the service to have clear information and control in the context of the surveillance-based online advertising industry. |
Amendment 17
Proposal for a regulation
Recital 47 d (new)
| Text proposed by the Commission | Amendment |
| (47d) In order to protect individuals with regards to the way and purposes for which their personal data is processed, and in particular in contexts relevant for influencing their democratic choices and their involvement in the public debate, as well as to protect democracy and the integrity of elections, it is necessary to complement Regulations (EU) 2016/679 and (EU) 2018/1725 by adding further restrictions, which should take the form of strict limitations on the processing of personal data for targeting and ad delivery of online political advertising, based on Article 16 of the TFEU. |
Amendment 18
Proposal for a regulation
Recital 47 e (new)
| Text proposed by the Commission | Amendment |
| (47e) Targeting and ad delivery techniques based on certain conditions and on strictly limited amount of provided personal data that are not special categories of personal data within the meaning of Article 9 of Regulation (EU) 2016/679 or of Article 10 of Regulation (EU) 2018/1725 can be useful in disseminating political advertising and information and in reaching out and informing citizens. |
Amendment 19
Proposal for a regulation
Recital 47 f (new)
| Text proposed by the Commission | Amendment |
| (47f) Targeting and ad delivery techniques that involve the processing of personal data should only be allowed based on personal data which are explicitly provided by the data subject to the advertising publisher for the specific and sole purpose of receiving targeted political advertisement. Providers should not request consent where the data subject exercises his or her right to object by automated means using technical specifications, in line with Article 21(5) of Regulation (EU) 2016/679. In the event that the data subjects refuses to consent, or has withdrawn consent, he or she should be given other fair and reasonable options to access information society services. Refusing consent should not be more difficult or time consuming to the data subject than its giving. The processing of observed or inferred personal data, in line with the European Data Protection Board Guidelines 8/2020 on the targeting of social media users, should not be allowed. Without such restriction imposed on targeting and ad delivery techniques, the targeting and ad delivery of political advertising based on personal data would be likely to result in a high risk to the rights and freedoms of natural persons. |
Amendment 20
Proposal for a regulation
Recital 47 g (new)
| Text proposed by the Commission | Amendment |
| (47g) Provided personal data should only include categories of personal data explicitly and actively provided by the data subject for the specific and sole purpose of being targeted with political advertisement by the data controller to whom it has been provided. Data subjects should not be targeted with political advertisements by data controllers to whom they have not provided their personal data. When providing the data to the publisher, it should be entered into the publisher’s interface or settings. The processing of any data concerning the data subjects which would otherwise be processed in the course of the normal use of the service, such as metadata, traffic and location data or the content of communications, whether personal or public, should therefore be excluded. |
Amendment 21
Proposal for a regulation
Recital 47 h (new)
| Text proposed by the Commission | Amendment |
| (47h) Some well-resourced political candidates or parties might circumvent the restrictions on targeting techniques with in-house services that conduct large-scale political marketing. Therefore, when sponsors process personal data for direct targeted political marketing, such as sending targeted electronic mail or text messages, at a large-scale and on a systematic basis, the restrictions on targeting techniques should apply, regardless of whether a service is involved or not. This does not affect the fact that the restrictions on targeting and ad delivery techniques should not apply to merely direct communication, including personalized electronic mails or text messages that are not targeted direct marketing at a large scale, and organic content published by using online intermediary services without consideration for the placement, publication or dissemination for the specific message. |
Amendment 22
Proposal for a regulation
Recital 47 i (new)
| Text proposed by the Commission | Amendment |
| (47i) In order to protect elections and referendums and prevent any undue interference, manipulation and disinformation, it is necessary to add further restrictions regarding targeting and ad delivery in the period immediately preceding the election or referendum .In the 60 days preceding any election or referendum, targeting and ad delivery techniques in the context of political advertising that involve provided personal data should be strictly limited to using location and the languages spoken by the data subject. The fact that a person is a first time voter could also be used as it is important to reach out to such persons and provide them with information regarding the election or referendum. The location of the data subject used to deliver targeted political advertisement should be understood being at the level of the constituency which is applicable in the relevant election or referendum. However, in the Member States which have only one national level constituency for European Parliament elections, the location of the data subject could be understood being at regional or equivalent level in accordance with national law, for political advertising related to those elections. |
Amendment 23
Proposal for a regulation
Recital 47 j (new)
| Text proposed by the Commission | Amendment |
| (47j) The prohibition and restrictions regarding the processing of personal data for political advertising should not prevent sponsors, political advertising publishers or providers of advertising services, including online platforms, from displaying online political advertising based on contextual information, including keywords. This limitation is proportionate in light of the fact that sponsors have access to other avenues for their political advertising, notably through contextual targeting online and through alternative media offline. This limitation complies with the right to impart information and ideas of general interest which the public is entitled to receive because this right may be circumscribed in some circumstances, if the circumscription is carried out reasonably, carefully and in good faith, and if it is proportionate and justified by relevant and sufficient reasons, in particular, for the protection of the rights of others. |
Amendment 24
Proposal for a regulation
Recital 47 k (new)
| Text proposed by the Commission | Amendment |
| (47k) When selecting targeting parameters, sponsors delineate a potential audience for their political advertising. However, depending on the budget they dedicate to their advertising campaign, their political advertisement will not necessarily reach such entire potential audience. The publisher will have to select whom, from that potential audience, will actually receive the political advertisement. In order to prevent the creation of echo chambers and filter bubbles and to prevent demographic skews along race or gender, resulting in forms of discrimination, online platforms should not be allowed to selectively deliver political advertisement within the targeted potential audiences based on further processing of personal data. The actual recipients of the political advertisement should therefore only be randomly selected by the publisher, without any further processing of personal data. |
Amendment 25
Proposal for a regulation
Recital 47 l (new)
| Text proposed by the Commission | Amendment |
| (47l) The extensive transparency obligations provided for in this Regulation will also be helping to make it impossible to proclaim, unnoticed, opposing and polarizing messages to specific parts of the electorate, because watchdogs, civil society, journalists and other parts of the electorate will be able to perform their scrutiny. |
Amendment 26
Proposal for a regulation
Recital 48
| Text proposed by the Commission | Amendment |
| (48) Targeting and amplification techniques in the context of political advertising involving the processing of data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 should therefore be prohibited. The use of such techniques should only be allowed when carried out by the controller, or someone acting on its behalf, on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. This should be accompanied by specific safeguards. Consent should be understood as consent within the meaning of Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. Therefore, it should not be possible to rely on the exceptions as laid down in Article 9(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2016/679 and Article 10(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2018/1725 respectively for using techniques targeting and amplification techniques to publish, promote or disseminate political advertising involving the processing of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and 10(1) of Regulation (EU) 2018/725. | deleted |
Amendment 27
Proposal for a regulation
Recital 49
| Text proposed by the Commission | Amendment |
| (49) In order to ensure enhanced transparency and accountability, when making use of targeting and amplification techniques in the context of political advertising involving the processing of personal data, controllers should implement additional safeguards. They should adopt and implement a policy describing the use of such techniques to target individuals or amplify their content and keep record of their relevant activities. When publishing, promoting or disseminating a political advertisement making use of targeting and amplification techniques, controllers should provide, together with the political advertisement, meaningful information to allow the concerned individual to understand the logic involved and main parameters of the targeting used, and the use of third-party data and additional analytical techniques, including whether the targeting of the advertisement was further optimised during delivery. | (49) In order to ensure enhanced transparency and accountability, when making use of targeting techniques in the context of political advertising involving the processing of personal data, controllers should implement additional safeguards. They should adopt and implement a policy describing the use of such techniques to target individuals or deliver the content of their ad, make annual risk assessments of the use of those techniques on the fundamental rights and freedoms of individuals and the society as a whole and keep record of their relevant activities. When publishing, promoting or disseminating a political advertisement making use of targeting techniques, controllers should provide, together with the political advertisement, meaningful information to allow the concerned individual to understand the logic involved and main parameters of the targeting used, and the use of third-party data and additional analytical techniques, including whether the targeting of the advertisement was further optimised during delivery. |
Amendment 28
Proposal for a regulation
Recital 50
| Text proposed by the Commission | Amendment |
| (50) Political advertising publishers making use of targeting or amplification techniques should include in their transparency notice information necessary to allow the concerned individual to understand the logic involved and main parameters of the technique used, and the use of third-party data and additional analytical techniques used and a link to the relevant policy of the controller. In case the controller is different from the advertising publisher the controller should transmit to political advertising publisher the internal policy or a reference to it. Providers of advertising services should, as necessary, transmit to the political advertising publisher the information necessary to comply with their obligations under this Regulation. The provision of such information could be automated and integrated in the ordinary business processes on the basis of standards. | (50) Political advertising publishers making use of targeting techniques should include in their transparency notice information necessary to allow the concerned individual to understand the logic involved and main parameters of the technique used, and the use of third-party data and additional analytical techniques used and a link to the relevant policy of the political advertising service. In case the political advertising service is different from the advertising publisher the service should transmit to the political advertising publisher the internal policy or a reference to it. Providers of advertising services should, as necessary, transmit to the political advertising publisher the information necessary to comply with their obligations under this Regulation. The provision of such information could be automated and integrated in the ordinary business processes on the basis of standards. |
Amendment 29
Proposal for a regulation
Recital 51
| Text proposed by the Commission | Amendment |
| (51) In order to further empower individuals to exercise their data protection rights, political advertising publishers should provide additional information and effective tools to the concerned data subject to support the exercise of their rights under the EU data protection legal framework including to object or withdraw their consent when targeted with a political advertisement. This information should also be easily accessible directly from the transparency notice. The tools made available to the individuals to support the exercise of their rights should be effective to prevent an individual from being targeted with political advertisements, as well as to prevent targeting on the basis of specific criteria and by one or several specific controllers. | (51) In order to further empower individuals to exercise their data protection rights, political advertising publishers should provide additional information and effective tools to the concerned data subject to support the exercise of their rights under the EU data protection legal framework including to withdraw their consent when targeted with a political advertisement. This information should also be easily accessible directly from the transparency notice. The tools made available to the individuals to support the exercise of their rights should be effective to prevent an individual from being targeted with political advertisements, as well as to prevent targeting on the basis of specific criteria and by one or several specific controllers. |
Amendment 30
Proposal for a regulation
Recital 52
| Text proposed by the Commission | Amendment |
| (52) The Commission should encourage the drawing up of codes of conduct as referred to in Article 40 of Regulation (EU) 2016/679 to support the exercise of data subjects’ rights in this context. | (52) The Commission should draw up guidelines to support the exercise of data subjects’ rights in this context. |
Amendment 31
Proposal for a regulation
Recital 53
| Text proposed by the Commission | Amendment |
| (53) Information to be provided in accordance with all requirements applicable to the use of targeting and amplification techniques under this Regulation should be presented in a format which is easily accessible, clearly visible and user-friendly, including through the use of plain language. | (53) Information to be provided in accordance with all requirements applicable to the use of targeting techniques under this Regulation should be presented in a format which is easily accessible, clearly visible and user-friendly, including through the use of plain language and suitable for persons with hearing difficulties and visual impairments. |
Amendment 32
Proposal for a regulation
Recital 58 a (new)
| Text proposed by the Commission | Amendment |
| (58a) For the purpose of the exercise of their powers under this Regulation, the competent authorities referred to in Article 15 and the European Data Protection Board should be provided with sufficient resources. |
Amendment 33
Proposal for a regulation
Recital 70
| Text proposed by the Commission | Amendment |
| (70) This Regulation is without prejudice to the rules laid down in particular by Directive 2000/31/EC, including the liability rules for intermediary service providers in Articles 12 to 15 of that Directive as modified by Regulation (EU) 2021/xxx [the Digital Services Act], Regulation (EU) 2021/xxx [the Digital Markets Act], Directive 2002/58/EC and Regulation (EU) XXX [ePrivacy Regulation], as well as Directive (EU) 2010/13, Directive 2000/31/EC, Directive 2002/58/EC, Directive 2005/29/EC, Directive 2011/83/EU, Directive 2006/114/EC, Directive 2006/123/EC and Regulation (EU) 2019/1150. | (70) This Regulation is without prejudice to the rules laid down in particular by Directive 2000/31/EC, including the liability rules for intermediary service providers in Articles 12 to 15 of that Directive as modified by Regulation (EU)2021/xxx [the Digital Services Act], Regulation (EU) 2021/xxx [the Digital Markets Act], as well as Directive (EU) 2010/13, Directive 2005/29/EC, Directive 2011/83/EU, Directive 2006/114/EC, Directive 2006/123/EC and Regulation (EU) 2019/1150. This Regulation should complement the Union data protection acquis, in particular Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive 2002/58/EC and provide for specific data protection rules thereto. This Regulation does not provide for a legal ground that satisfies the requirements of Article 6 of Regulation (EU) 2016/679 or Article 5 of Regulation (EU) 2018/1725 for the processing of personal data for the purpose of political advertising. |
Amendment 34
Proposal for a regulation
Article 1 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the use of personal data. | (b) harmonised rules on the use of targeting and ad delivery techniques in the context of the publication, dissemination or promotion of political advertising that involve the processing of personal data. |
Amendment 35
Proposal for a regulation
Article 1 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used. | 2. This Regulation shall apply to political advertising sponsored, prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the sponsor or the advertising services provider, and irrespective of the means used. |
Amendment 36
Proposal for a regulation
Article 1 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2a. Political content expressed under the editorial responsibility of a print or online publisher or an audiovisual media service provider shall not be considered to be political advertising when it is sponsored, prepared, placed, promoted, published or disseminated unless the service provider is remunerated in any form by a third party for it. |
Amendment 37
Proposal for a regulation
Article 1 – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
| (a) to contribute to the proper functioning of the internal market for political advertising and related services; | (a) to contribute to the proper safe, trusted and transparent functioning of the internal market for political advertising and related services; |
Amendment 38
Proposal for a regulation
Article 1 – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
| (b) to protect natural persons with regard to the processing of personal data. | (b) to protect the fundamental rights and freedoms of natural persons, specifically with regard to the right to privacy and data protection, freedom of expression and information and non-discrimination, as enshrined in the Charter of Fundamental Rights; |
Amendment 39
Proposal for a regulation
Article 1 – paragraph 3 – point b a (new)
| Text proposed by the Commission | Amendment |
| (ba) to uphold the values on which the Union is founded provided for in Article 2 of the Treaty on European Union, in particular respect for freedom, democracy and the rule of law and, by guaranteeing that Union citizens can exercise their basic democratic rights, in particular the right to form an opinion and the right to vote in a transparent environment. |
Amendment 40
Proposal for a regulation
Article 1 – paragraph 4 – point b
| Text proposed by the Commission | Amendment |
| (b) Directive 2002/58/EC and Regulation (EU) XXX [ePrivacy Regulation]; | (b) Directive 2002/58/EC; |
Amendment 41
Proposal for a regulation
Article 1 – paragraph 4 – point i a (new)
| Text proposed by the Commission | Amendment |
| (ia) Regulation (EU)2022/2065] |
Amendment 42
Proposal for a regulation
Article 1 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
| 4a. The data protection rules on processing of personal data provided for in this Regulation shall be considered as specific data protection rules to the general rules laid down in the Regulations (EU)2016/679 and (EU)2018/1725.None of the provisions in this Regulation can be applied or interpreted in such way as to diminish or limit level of protection offered by the right to respect for private life and protection of personal data and by the right of freedom of expression as protected in the Charter of Fundamental Rights and in the Union law on data protection and privacy, in particular by Regulations (EU)2016/679 and (EU) 2018/1725). |
Amendment 43
Proposal for a regulation
Article 2 – paragraph 1 – point 1
| Text proposed by the Commission | Amendment |
| 1. ‘service’ means any self-employed economic activity, normally provided for remuneration, as referred to in Article 57 TFEU; | 1. ‘service’ means any self-employed economic activity, normally provided for remuneration or any benefit, as referred to in Article 57 TFEU; |
Amendment 44
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
| Text proposed by the Commission | Amendment |
| 2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, of a message: | 2. ‘political advertising’ means the sponsoring, preparation, placement, promotion, publication or dissemination, by any means, of a message: |
Amendment 45
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
| Text proposed by the Commission | Amendment |
| (b) which is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour. | (b) which is liable to influence the outcome of an election or referendum, or voting behaviour, or |
Amendment 46
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b a (new)
| Text proposed by the Commission | Amendment |
| (ba) which is liable to influence a legislative or regulatory process. |
Amendment 47
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point b b (new)
| Text proposed by the Commission | Amendment |
| (bb) a government at national, regional or local level, bodies of a governments with or without legal personality, and public foundations thereof; |
Amendment 48
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point b c (new)
| Text proposed by the Commission | Amendment |
| (bc) a Union institution and its bodies with or without legal personality; |
Amendment 49
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point g
| Text proposed by the Commission | Amendment |
| (g) a political campaign organisation with or without legal personality, established to achieve a specific outcome in an election or referendum; | (g) a political campaign organisation with or without legal personality, established to influence a specific outcome in an election or referendum; |
Amendment 50
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point h a (new)
| Text proposed by the Commission | Amendment |
| (ha) any natural or legal person which is in a relationship of control with any person or organisation referred to in points (a) to (h) which is related to political advertising. |
Amendment 51
Proposal for a regulation
Article 2 – paragraph 1 – point 5
| Text proposed by the Commission | Amendment |
| 5. ‘political advertising service’ means a service consisting of political advertising with the exception of an online intermediary service within the meaning of Article 2(f) of Regulation (EU) 2021/XXX [Digital Services Act] that is provided without consideration for the placement, publication or dissemination for the specific message; | 5. ‘political advertising service’ means a service consisting of political advertising that is provided without consideration for the placement, publication or dissemination for the specific message, with the exception of an online intermediary service within the meaning of Article 3, point (g) of Regulation (EU)) 2022/2065; |
Amendment 52
Proposal for a regulation
Article 2 – paragraph 1 – point 7
| Text proposed by the Commission | Amendment |
| 7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published or disseminated; | 7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published, promoted or disseminated; |
Amendment 53
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
| Text proposed by the Commission | Amendment |
| 7a. ‘personal data’ means information as defined in Article 4(1) of Regulation (EU) 2016/679 and Article 3(1) of Regulation (EU) 2018/1725; |
Amendment 54
Proposal for a regulation
Article 2 – paragraph 1 – point 8
| Text proposed by the Commission | Amendment |
| 8. ‘targeting or amplification techniques’ means techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement; | 8. ‘targeting techniques’ means techniques that are used by sponsors, political advertising publishers or providers of advertising services to tailor a political advertisement only to a specific person or group of persons or to exclude them by processing personal data, in particular through the collection of their data; |
Amendment 55
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
| Text proposed by the Commission | Amendment |
| 8a. ‘ad delivery techniques’ means automated techniques of processing of personal data that typically rely on algorithms or the automated processing of data and that are employed by political advertising publishers or providers of political advertising services involved in the promotion, publication and dissemination of political advertisements to determine a specific audience within the potential audience defined by the sponsors and providers of advertising services, acting on behalf of sponsors. |
Amendment 56
Proposal for a regulation
Article 2 – paragraph 1 – point 9
| Text proposed by the Commission | Amendment |
| 9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State and during which the campaign activities are subject to specific rules; | 9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State and during which the campaign activities are subject to specific rules in accordance with national law; |
Amendment 57
Proposal for a regulation
Article 2 – paragraph 1 – point 11
| Text proposed by the Commission | Amendment |
| 11. ‘political advertising publisher’ means a natural or legal person that broadcasts, makes available through an interface or otherwise brings to the public domain political advertising through any medium; | 11. ‘political advertising publisher’ means a natural or legal person that delivers political advertising to the relevant electorate in any manner; |
Amendment 58
Proposal for a regulation
Article 2 a (new)
| Text proposed by the Commission | Amendment |
| Article 2a | |
| Identification of a political advertisement | |
| For the purpose of determining whether a message constitutes political advertisement within the meaning of Article 2(2), points (b) and (c), account shall be taken of all its features, and in particular of the following relevant factors: | |
| (a) the content of the message; | |
| (b) the sponsor of the message; | |
| (c) the language used to convey the message; | |
| (d) the means by which the message is promoted, published or disseminated; | |
| (e) the context in which the message is conveyed, including the period of dissemination, such as electoral or referendum periods, and its objective; | |
| (f) whether the message is liable to influence the relevant electorate. |
Amendment 59
Proposal for a regulation
Article 3 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2a. Member States shall not be prohibited nor restricted to maintain or introduce a silence period on political advertising prior to elections or referendums during which the preparation, placement, promotion, publishing or dissemination of new political advertisements may be restricted. |
Amendment 60
Proposal for a regulation
Article 3 a (new)
| Text proposed by the Commission | Amendment |
| Article 3a | |
| Cross-border political advertising | |
| 1. Political advertising publishers or providers of political advertising services shall not discriminate against sponsors legally established or registered in the Union, solely on ground of their place of residence or, where applicable, place of establishment, where those actors request, conclude or hold a contract for political advertising within the Union. | |
| 2. Notwithstanding paragraph 1, the political advertising publisher or provider of political advertising services may refuse to provide services in a Member State in which that publisher or provider does not conduct business. |
Amendment 61
Proposal for a regulation
Article 4 – title
| Text proposed by the Commission | Amendment |
| Transparency | Transparency and due diligence |
Amendment 62
Proposal for a regulation
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Political advertising services shall be provided in a transparent manner in accordance with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. | 1. Political advertising services shall be provided in a transparent and diligent manner in accordance with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. |
Amendment 63
Proposal for a regulation
Article 4 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. Political advertising services shall be funded by or provided to a sponsor or a service provider acting on behalf of a sponsor who is a Union citizen or Union resident or a legal person either recognised by, or established in accordance with, the legal order of at least one Member State or of a third country which is a member of the Council of Europe, has full rights of representation therein and acknowledges equivalent Union values. |
Amendment 64
Proposal for a regulation
Article 4 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
| 1b. Providers of political advertising services shall ensure that sponsors or service providers acting on behalf of a sponsor shall use their services for political advertising only if they have obtained the following information prior to that use: | |
| (a) the name, address, telephone number and electronic mail address of the sponsor; | |
| (b) a copy of the identification document containing only relevant information of the sponsor or any other electronic identification as defined in Article 3(1) of Regulation (EU) No 910/2014 of the European Parliament and of the Council1a, which shall only be used for identification purposes and shall be deleted immediately thereafter; | |
| (c) the payment account details of the sponsor; | |
| _________ | |
| 1a Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73). |
Amendment 65
Proposal for a regulation
Article 5 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. The Commission shall prepare guidance to contribute to the proper application of this Article. |
Amendment 66
Proposal for a regulation
Article 5 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service specify how the relevant provisions of this Regulation are complied with. | deleted |
Amendment 67
Proposal for a regulation
Article 6 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
| (c) the amounts they invoiced for the service or services provided, and the value of other benefits received in part or full exchange for the service or services provided; and | (c) the amounts they invoiced for the service or services provided, and the value of other benefits received or to be received in part or full exchange for the service or services provided, their sources; |
Amendment 68
Proposal for a regulation
Article 6 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) where applicable, the identity of the sponsor and its contact details. | (d) where applicable, the identity of the political actor, the sponsor of the political advertisement and, where applicable, the entity or person ultimately controlling the sponsor, their verified electronic contact details and place of establishment or residence; and |
Amendment 69
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
| Text proposed by the Commission | Amendment |
| (da) where applicable an indication of the relevant election or referendum or legislative or regulatory process which the political advertisement is aiming to target. |
Amendment 70
Proposal for a regulation
Article 6 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be retained for a period of five years from the date of the last preparation, placement, publication or dissemination, as the case may be. | 2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be retained for a period of 10 years from the date of the last preparation, placement, promotion, publication or dissemination, as the case may be. Any personal data used to verify or ascertain the validity of that information shall only be retained as long as necessary for this purpose and shall not be used for other purposes. |
Amendment 71
Proposal for a regulation
Article 6 a (new)
| Text proposed by the Commission | Amendment |
| Article 6a | |
| Labelling of political advertisement | |
| 1. Political advertising publishers shall make sure that each political advertisement contains a clear label stating that it is: | |
| (a) a political advertisement, in cases referred to in Article 2(2), points (a) and (b); or | |
| (b) a public issue advertisement, in cases referred to in Article 2(2), point (c). | |
| Notwithstanding the labelling difference provided for in subparagraph 1, all provisions of this Regulation shall apply uniformly to both points (a) and (b). |
Amendment 72
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| 1. In the context of the provision of political advertising services, each political advertisement shall be made available with the following information in a clear, salient and unambiguous way: | 1. The political advertising publisher shall ensure in real time that each political advertisement contains the following information in a user friendly, machine readable, clear, salient and unambiguous way |
Amendment 73
Proposal for a regulation
Article 7 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) the identity of the sponsor of the political advertisement and the entity ultimately controlling the sponsor; | (b) the identity of the political actor and of the sponsor of the political advertisement and any entity or person ultimately controlling or funding the sponsor; |
Amendment 74
Proposal for a regulation
Article 7 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
| (c) a transparency notice to enable the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved. | (c) a transparency notice, as referred to in paragraph 2, or a clear indication of where it can be retrieved; |
Amendment 75
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
| Text proposed by the Commission | Amendment |
| (ca) a statement on the targeted nature of the advertisement, the data used for targeting and the type of personal information used if personal data is processed to determine the audience to which the advertisement is presented; |
Amendment 76
Proposal for a regulation
Article 7 – paragraph 1 – point c b (new)
| Text proposed by the Commission | Amendment |
| (cb) a statement on the cost of that individual advertising. |
Amendment 77
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
| In this regard, political advertising publishers shall use efficient and prominent marking and labelling techniques that allow the political advertisement to be easily identified as such and shall ensure that the marking or labelling remains in place in the event a political advertisement is further disseminated. | In this regard, political advertising publishers shall use at least 15 percent of the displayed advertisement for effective and prominent marking and labelling techniques, that allow the political advertisement to be easily identified as such and shall ensure that the marking or labelling remains in place in the event a political advertisement is further disseminated. |
Amendment 78
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
| 2. The transparency notice shall be included in each political advertisement or be easily retrievable from it, and shall include the following information: | 2. The transparency notice shall state that the advertisement constitutes a political advertisement, shall be easily retrievable from each political advertisement, and shall include the following information: |
Amendment 79
Proposal for a regulation
Article 7 – paragraph 2 – point -a (new)
| Text proposed by the Commission | Amendment |
| (-a) a description of the wider context of the political advertisement and its aims; |
Amendment 80
Proposal for a regulation
Article 7 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
| (a) the identity of the sponsor and contact details; | (a) the identity and the place of residence or establishment of the sponsor or where applicable the entity or person ultimately controlling the sponsor and their verified contact details; |
Amendment 81
Proposal for a regulation
Article 7 – paragraph 2 – point a a (new)
| Text proposed by the Commission | Amendment |
| (aa) if applicable, a statement on the targeted nature of the advertisement, the targeted audience, the data used for targeting and the type of personal information used if personal data is processed to determine the audience to which the advertisement is presented and their source; |
Amendment 82
Proposal for a regulation
Article 7 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
| (b) the period during which the political advertisement is intended to be published and disseminated; | (b) the period during which the political advertisement is intended to be placed, published, promoted and disseminated, including, if applicable, the start and end date of the political campaign; |
Amendment 83
Proposal for a regulation
Article 7 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
| (c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement, and of the political advertising campaign where relevant, and their sources; | (c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received by the political advertising publisher in part or full exchange for the preparation, placement, publication, promotion and dissemination of the relevant advertisement, and of the political advertising campaign where relevant, and their sources; |
Amendment 84
Proposal for a regulation
Article 7 – paragraph 2 – point c a (new)
| Text proposed by the Commission | Amendment |
| (ca) information on the aggregated amounts or other benefits received by all political advertising service providers, including publishers, in the whole value chain in part or full exchange for the preparation, placement, publication, promotion and dissemination of the relevant advertisement, and of the political advertising campaign where relevant; |
Amendment 85
Proposal for a regulation
Article 7 – paragraph 2 – point c b (new)
| Text proposed by the Commission | Amendment |
| (cb) the sources of the funds used in relation to points(c) and (ca); |
Amendment 86
Proposal for a regulation
Article 7 – paragraph 2 – point c c (new)
| Text proposed by the Commission | Amendment |
| (cc) where applicable, links to aggregated information on non-active and active political advertisements originating from the same sponsor; |
Amendment 87
Proposal for a regulation
Article 7 – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
| (d) where applicable, an indication of elections or referendums with which the advertisement is linked; | (d) where applicable, an indication of the specific elections or referendums with which the advertisement is linked and the relevant electoral period; |
Amendment 88
Proposal for a regulation
Article 7 – paragraph 2 – point e
| Text proposed by the Commission | Amendment |
| (e) where applicable, links to online repositories of advertisements; | (e) where applicable, links to online repositories of political advertisements and their location in the European library for political advertisements; |
Amendment 89
Proposal for a regulation
Article 7 – paragraph 2 – point f a (new)
| Text proposed by the Commission | Amendment |
| (fa) information about other possible advertisements delivered as part of the same campaign. |
Amendment 90
Proposal for a regulation
Article 7 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement. | 3. Political advertising publishers shall make reasonable efforts before bringing the advertisement to the public domain to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement. |
Amendment 91
Proposal for a regulation
Article 7 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. Sponsors, service providers and political advertising publishers are responsible for fulfilling the obligations arising in their own spheres of interests under this Article according to the applicable national law. |
Amendment 92
Proposal for a regulation
Article 7 – paragraph 3 b (new)
| Text proposed by the Commission | Amendment |
| 3b. Where the political advertising publisher has information indicating that the information referred to in paragraphs 1 and 2 is incomplete or inaccurate, the publisher shall make reasonable efforts including by contacting the sponsor or the relevant service providers, to complete or correct that information. Until such information is corrected, the political advertising publisher shall not make the political advertisement available or shall discontinue it, and shall inform the relevant service provider and the sponsor accordingly. |
Amendment 93
Proposal for a regulation
Article 7 – paragraph 3 c (new)
| Text proposed by the Commission | Amendment |
| 3c. Where the sponsors or the providers of political advertising services become aware that the information transmitted to or published by the political advertising publisher is incomplete or inaccurate, they shall contact the publisher concerned without undue delay and, as relevant, transmit complete or accurate information to the political advertising publisher. |
Amendment 94
Proposal for a regulation
Article 7 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher with the political advertisement from its first publication until one year after its last publication. | 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible, including for persons with disabilities and, where technically possible, machine readable, well structured, clearly visible and user friendly, including through the use of plain language and shall be made available online. The language of the transparency notice shall be the language of the political advertising. |
Amendment 95
Proposal for a regulation
Article 7 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Political advertising publishers shall retain their transparency notices together with any modifications for a period of five years after the end of the period referred to in paragraph 4. | 5. Political advertising publishers shall publish and retain the political advertisement and its transparency notices together with the history of any modifications for a period of one year after the last publication. |
Amendment 96
Proposal for a regulation
Article 7 – paragraph 5 a (new)
| Text proposed by the Commission | Amendment |
| 5a. Political advertising publishers shall ensure that the information contained in the transparency notice is shared with the European library for political advertisements without undue delay. The European library shall contain all versions of the advertisement. Information made available on the interface of political advertising publishers shall be provided in a machine-readable format according to a common data structure and standards and be accessible using a common application programming interface, developed by the Commission in consultation with relevant stakeholders . |
Amendment 97
Proposal for a regulation
Article 7 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2. | 6. Political advertising publishers which are very large online platforms within the meaning of Article 33 of Regulation (EU) 2022/2065 shall ensure that the repositories that they make available pursuant to Article 39 of that Regulation make available for each political advertisement in the repository the information referred to in paragraph 2, without undue delay and ensure real-time access to such information for Member States’ relevant authorities. The repository shall contain all versions of the advertisement and shall be publicly available. |
Amendment 98
Proposal for a regulation
Article 7 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Member States, including competent authorities, and the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this Article, taking into account the specific characteristics of the relevant service providers involved and the specific needs of micro, small and medium-sized enterprises, within the meaning of Article 3 of Directive 2013/34/EU. | 7. The Commission, in cooperation with the Member States, shall draw up guidelines to contribute to the proper application of this Article, taking into account the specific characteristics of the relevant service providers involved and the specific needs of micro, small and medium-sized enterprises, within the meaning of Article 3 of Directive 2013/34/EU. Those guidelines shall contain guidance concerning the application of this Article for both online and offline political advertising. In particular, those guidelines shall contain guidance for political advertising publishers on how to address notification in diligent and rapid manner as referred to in Article 9(3). |
Amendment 99
Proposal for a regulation
Article 7 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding, modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where, in the light of technological developments, such an amendment is necessary for the wider context of the political advertisement and its aims to be understood. | 8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding, modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where, in the light of technological developments, scientific research, developments reached by the competent authorities at Union or national level, such an amendment is necessary for the wider context of the political advertisement and its aims to be understood, without decreasing the level of transparency. |
Amendment 100
Proposal for a regulation
Article 7 a (new)
| Text proposed by the Commission | Amendment |
| Article 7a | |
| European library for political advertisements | |
| The Commission shall establish and manage a European library for political advertisements to host, archive and make publicly available the information regarding political advertisements referred to in Article 7.The Commission shall retain that information for a period of 11 years after the first publication of the political advertisement. Any personal data shall only be retained for a period of five years. |
Amendment 101
Proposal for a regulation
Article 8 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Where they provide political advertising services, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and amplification techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements. | 1. Where they provide political advertising services, publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting techniques, aggregated by campaign, as a distinct part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements. |
Amendment 102
Proposal for a regulation
Article 9 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable individuals to notify them, free of charge, that a particular advertisement which they have published does not comply with this Regulation. | 1. Where they provide political advertising services, advertising publishers shall put in place user-friendly mechanisms to enable individuals to notify them, free of charge, that a particular advertisement which they have published does not comply with this Regulation. |
Amendment 103
Proposal for a regulation
Article 9 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. The political advertising publisher shall inform individuals of the follow up given to the notification as referred to in paragraph 1. | 3. Political advertising publishers shall allow for the submission of the notification referred to in paragraph 1 by electronic means. Notifiers shall not be obliged to provide personal data. The political advertising publishers shall inform individuals who choose to provide contact details of the follow up given to the notification referred to in paragraph 1. |
Amendment 104
Proposal for a regulation
Article 9 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. The political advertising publishers shall examine and address the notification referred to in paragraph 1 accordingly, in a diligent, objective and non-discriminatory manner and without undue delay, within five days at the latest. When the notification concerns political advertising relating to an election or referendum taking place in less than 30 days, political advertising publishers shall examine and address the notification within 36 hours. |
Amendment 105
Proposal for a regulation
Article 9 – paragraph 3 b (new)
| Text proposed by the Commission | Amendment |
| 3b. The political advertising publishers shall inform the interested parties of their observations and decisions related to the notification referred to in paragraph 1. The relevant publishers shall inform the interested parties on the redress mechanism related to the notification. |
Amendment 106
Proposal for a regulation
Article 9 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to collectively, including by reference to an announcement on the website of the political advertising publisher concerned. | 4. Repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to in an automated way. |
Amendment 107
Proposal for a regulation
Article 9 a (new)
| Text proposed by the Commission | Amendment |
| Article 9a | |
| Right to lodge a complaint | |
| 1. Natural and legal persons shall have the right to lodge a complaint against political actors, publishers, sponsors and service providers alleging an infringement of this Regulation | |
| 2. Member States, European Data Protection Board or the Commission shall lay down rules on the right to lodge a complaint referred to in paragraph 1. Competent authorities shall assess the complaint objectively and shall have the powers set out in Article 15(4). During those proceedings, the interested parties shall have the right to receive appropriate information about the status of the complaint, in accordance with Union and national law. | |
| 3. Where the complaint falls under the responsibility of another competent authority in its Member State or at Union level, the authority receiving the complaint shall transmit it to that competent authority within seven days. During electoral periods, the complaint shall be transmitted without undue delay. The competent authority receiving the complaint shall assess and, where appropriate, act upon it within 15 days. During electoral periods, the assessment shall be carried out within five days. |
Amendment 108
Proposal for a regulation
Article 9 b (new)
| Text proposed by the Commission | Amendment |
| Article 9b | |
| Trusted flaggers of unlawful political advertisements | |
| 1. Political advertising publishers that allow sponsors to publish political advertisements online shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers of unlawful political advertisements through the mechanism referred to in Article 9 are processed and decided upon with priority and without undue delay. | |
| 2. The status of trusted flagger of unlawful political advertisements shall be awarded by the national competent authorities to any entity, upon application, where that entity has demonstrated to meet all of the following conditions: | |
| (a) it has particular expertise and competence for the purposes of detecting, identifying and notifying political advertisements which do not comply with this Regulation; | |
| (b) it represents collective interests and is independent from any political advertising publishers, sponsors or any political actors; | |
| (c) it carries out its activities for the purposes of submitting notices in a diligent, accurate and objective manner. | |
| 3. The national competent authorities shall communicate to the Commission and the European Board for Digital Services the names, addresses and electronic mail addresses of the entities to which the status of the trusted flagger has been awarded or to which they have revoked the status in accordance with paragraph 6. | |
| 4. The Commission shall publish the information referred to in paragraph 3 in a publicly available database in an easily accessible and machine readable format and keep the database updated. | |
| 5. Where a political advertising publisher has information indicating that a trusted flagger of unlawful political advertisements submitted a significant number of insufficiently precise, inaccurate or inadequately substantiated notices through the mechanisms referred to in Article 9, such publisher shall communicate that information to the national competent authorities and provide them with the necessary explanations and supporting documents. Upon receiving the information from the political advertising publisher and if the Digital Services Coordinator considers that there are legitimate reasons to open an investigation, the status of trusted flagger shall be suspended during the period of the investigation, which shall be carried out without undue delay. | |
| 6. The national competent authority that awarded the status of the trusted flagger to an entity shall revoke that status where it determines, following an investigation either on its own initiative or on the basis of information received from third parties, including information provided by a political advertising publisher pursuant to paragraph 5, that the entity no longer meets the conditions set out in paragraph 2. Before revoking that status, the Digital Services Coordinator or the national competent authority shall allow the entity to react to the findings of the investigation and the intention to revoke the entity’s status as trusted flagger. | |
| 7. The Commission, after consulting the European Board for Digital Services, shall, where necessary, issue guidance to assist political advertising publishers and the national competent authorities in the application of paragraphs 5 and 6. |
Amendment 109
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| 1. Competent national authorities shall have the power to request that a provider of political advertising services transmits the information referred to in Articles 6, 7 and 8. The transmitted information must be complete, accurate and trustworthy, and provided in a clear, coherent, consolidated and intelligible format. Where technically possible, the information shall be transmitted in a machine readable format. | 1. Competent national authorities shall have the power to request that a provider of political advertising services transmits the information referred to in Articles 6, 7 and 8. The transmitted information must be complete, accurate and trustworthy, and provided in a clear, coherent, consolidated and intelligible format. The information shall be transmitted in a machine readable format. |
Amendment 110
Proposal for a regulation
Article 10 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Upon receipt of a request pursuant to paragraph 1, providers of political advertising services shall, within two working days, acknowledge receipt of that request and inform the authority of the steps taken to comply with it. The relevant service provider shall provide the requested information within ten working days. | 2. Upon receipt of a request pursuant to paragraph 1, providers of political advertising services shall, within two working days, acknowledge receipt of that request and inform the authority of the steps taken to comply with it. The relevant service provider shall provide the requested information within additional five working days. |
Amendment 111
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
| 1. Providers of political advertising services shall take the appropriate measures to transmit the information referred to in Article 6 to interested entities upon request and without costs. | 1. Providers of political advertising services shall take the appropriate measures to transmit the information referred to in Article 6, to interested entities upon request in a user friendly format, as soon as possible but two months after making such a request at the latest, and without costs. |
Amendment 112
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph
| Text proposed by the Commission | Amendment |
| Where the provider of political advertising services is a political advertising publisher, it shall also take the appropriate measures to transmit the information referred to in Article 7 to interested entities upon request and without costs. | deleted |
Amendment 113
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
| 2. Interested entities requesting the transmission of information pursuant to paragraph 1 shall be independent from commercial interests and shall fall in one or more of the following categories: | 2. Interested entities established in the Union and requesting the transmission of information pursuant to paragraph 1 shall be independent from commercial interests and shall fall in one or more of the following categories: |
Amendment 114
Proposal for a regulation
Article 11 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
| (b) members of a civil society organisation whose statutory objectives are to protect and promote the public interest, authorised under national or Union law; | (b) members of a civil society organisation whose statutory objectives are to protect and promote the public interest, |
Amendment 115
Proposal for a regulation
Article 11 – paragraph 2 – point d a (new)
| Text proposed by the Commission | Amendment |
| (da) journalists. |
Amendment 116
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 2
| Text proposed by the Commission | Amendment |
| Such interested entities shall also include journalists accredited in a Member State by national, European or international bodies. | deleted |
Amendment 117
Proposal for a regulation
Article 11 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Following a request from an interested entity, the service provider shall make best efforts to provide the requested information or its reasoned response under paragraph 5, within one month. | 3. Following a request from an interested entity, the service provider shall provide the requested information or its reasoned response under paragraph 5, within two weeks. |
Amendment 118
Proposal for a regulation
Article 11 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Where requests pursuant to paragraph 1 are manifestly unfounded, unclear or excessive, in particular because of their lack of clarity, the service provider may refuse to respond. In this case, the relevant service provider shall send a reasoned response to the interested entity making the request. | 5. Where requests pursuant to paragraph 1 are manifestly unfounded, unclear in particular because of their lack of clarity,the service provider may refuse the request. In this case, the relevant service provider shall send a reasoned response and information on the redress to the interested entity making the request. |
Amendment 119
Proposal for a regulation
Article 11 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Service providers shall bear the burden of demonstrating that a request is manifestly unfounded, unclear or excessive, or that requests are repetitive and involve significant costs to process. | 7. Service providers shall bear the burden of demonstrating that a request is manifestly unfounded, unclear, or that requests are repetitive and involve significant costs to process. |
Amendment 120
Proposal for a regulation
Chapter III – title
| Text proposed by the Commission | Amendment |
| TARGETING AND AMPLIFICATION OF POLITICAL ADVERTISING | TARGETING AND AD DELIVERY OF POLITICAL ADVERTISING SERVICES |
Amendment 121
Proposal for a regulation
Article -12 (new)
| Text proposed by the Commission | Amendment |
| Article -12 | |
| Prohibition of targeting and ad delivery techniques involving the processing of special categories of personal data | |
| Targeting and ad delivery techniques that involve the processing of special categories of personal data as referred to in Article 9 of Regulation (EU) 2016/679 and in Article 10 of Regulation (EU) 2018/1725 in the context of political advertising services shall be prohibited. |
Amendment 122
Proposal for a regulation
Article 12 – title
| Text proposed by the Commission | Amendment |
| Specific requirements related to targeting and amplification | Specific requirements related to the processing of personal data for online targeting and ad delivery techniques |
Amendment 123
Proposal for a regulation
Article 12 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Targeting or amplification techniques that involve the processing of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 in the context of political advertising are prohibited. | 1. Targeting and ad delivery techniques that involve the processing of personal data that is not special categories of personal data within the meaning of Article 9 of Regulation (EU) 2016/679 or of Article 10 of Regulation (EU) 2018/1725 in the context of political advertising services shall be strictly limited to the situations provided for in this Article. |
Amendment 124
Proposal for a regulation
Article 12 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. Ad delivery techniques referred to in this Article shall determine the audience within the targeted audience without further processing of personal data, by random selection only. |
Amendment 125
Proposal for a regulation
Article 12 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
| 1b. Targeting and ad delivery techniques that involve the processing of personal data of persons of whom the data controller is aware with reasonable certainty that they are at least one year under the voting age established by national law shall be prohibited. Compliance with the obligations set out in this Article shall not oblige providers of online platforms to process additional personal data in order to assess whether the user of the service is a minor. |
Amendment 126
Proposal for a regulation
Article 12 – paragraph 1 c (new)
| Text proposed by the Commission | Amendment |
| 1c. Targeting and ad delivery techniques that involve the processing of personal data shall be restricted to personal data explicitly provided by the data subject with his or her consent as defined in Article 4(11) of Regulation (EU)2016/679 given solely for the purpose of online political advertising. | |
| The personal data provided by the data subject by virtue of using a service or device, including provided content, shall not be considered as provided personal data and therefore shall not be used by the provider for the purpose of targeting and delivering political advertising. | |
| The data controller shall inform when requesting consent from the data subject that his or her provided personal data may be processed solely for the purpose of presenting political advertising to the data subject. Refusing to give consent shall not be more difficult or time-consuming to the data subject than giving consent. Providers shall not request consent where the data subject exercises his or her right to object by automated means using technical specifications, in line with Article 21(5) of Regulation (EU) 2016/679. In the event the data subject refuses to give his or her consent, or has withdrawn his or her consent, he or she shall be given other fair and reasonable options to access information society services. | |
| Targeting and ad delivery techniques referred to in this paragraph shall not combine more than four categories of personal data, including the location of the data subject. | |
| If the political advertisement is linked to an election or a referendum, the location of the data subject shall be understood being at the level of the constituency applicable for that election or referendum as referred to in paragraph 1d, point (b). | |
| If the political advertisement is not linked to an election or a referendum, the location used for targeting and ad delivery techniques shall not be below the municipality level. | |
| If the political advertisement is not linked to an election or a referendum and in case of combination of two or more categories of data, the targeted group shall comprise at least 0,4% of the population of the Member State but at minimum 50 000 citizens. |
Amendment 127
Proposal for a regulation
Article 12 – paragraph 1 d (new)
| Text proposed by the Commission | Amendment |
| 1d. Notwithstanding paragraph 1c, 60 days immediately preceding an election or a referendum, targeting and ad delivery techniques that involve the processing of provided personal data shall be restricted to the following personal data explicitly provided by the data subject to the advertising publisher with his or her consent as defined in Article 4(11) of Regulation (EU)2016/679 given solely for the purpose of online political advertising: | |
| (a) the languages spoken by the data subject; | |
| (b) the location of the data subject at the level of the constituency which is applicable in the relevant election or referendum; | |
| (c) the information that the data subject is a first voter. | |
| Subparagraphs 2 and 3 of paragraph 1c shall apply mutatis mutandis. |
Amendment 128
Proposal for a regulation
Article 12 – paragraph 1 e (new)
| Text proposed by the Commission | Amendment |
| 1e. This Article shall not apply to internal communications of any political party, foundation, association or any other non-profit body, to their members and former members and to communications, such as newsletters, linked to their political activities, as long as those communications are solely based on subscription data and therefore strictly limited to their members, former members or subscribers and are based on personal data provided by them and do not involve further processing of personal data to target or otherwise further select the recipients and the messages they receive. Such forms of direct marketing fall under the scope of Regulation (EU) 2016/679 and Directive 2002/58/EC. |
Amendment 129
Proposal for a regulation
Article 12 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The prohibition laid down in the first sentence shall not apply to the situations referred to in Article 9(2)(a) and (d) of Regulation (EU) 2016/679 and Article 10(2)(a) and (d) of Regulation (EU) 2018/1725. | deleted |
Amendment 130
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
| Text proposed by the Commission | Amendment |
| 3. When using targeting or amplification techniques in the context of political advertising involving the processing of personal data, controllers shall, in addition to the requirements laid down in Regulation (EU) 2016/679 and Regulation (EU) 2018/1725, as applicable, comply with the following requirements: | 3. When using targeting techniques in the context of political advertising services involving the processing of personal data, controllers shall, in addition to the requirements laid down in Regulation (EU) 2016/679 and Regulation (EU)2018/1725, as applicable, comply with the following requirements: |
Amendment 131
Proposal for a regulation
Article 12 – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
| (a) adopt and implement an internal policy describing clearly and in plain language, in particular, the use of such techniques to target individuals or amplify the content, and retain such policy for a period of five years; | (a) adopt and implement an internal policy describing clearly and in plain language, in particular, the use of such techniques to target individuals or deliver the content, and retain such policy for a period of ten years; this internal policy shall be made publicly available; |
Amendment 132
Proposal for a regulation
Article 12 – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
| (b) keep records on the use of targeting or amplification, the relevant mechanisms, techniques and parameters used, and the source(s) of personal data used. | (b) keep records on the use of targeting or ad delivery techniques and parameters used, and the source(s) of personal data used; |
Amendment 133
Proposal for a regulation
Article 12 – paragraph 3 – point c
| Text proposed by the Commission | Amendment |
| (c) provide, together with the political advertisement, additional information necessary to allow the individual concerned to understand the logic involved and the main parameters of the technique used, and the use of third-party data and additional analytical techniques. This information shall comprise the elements set out in Annex II. | (c) provide, together with the political advertisement, additional information necessary to allow the individual concerned to understand the logic involved and the main parameters of the technique used, and additional analytical techniques. This information shall comprise the elements set out in Annex II; |
Amendment 134
Proposal for a regulation
Article 12 – paragraph 3 – point c a (new)
| Text proposed by the Commission | Amendment |
| (ca) make an internal annual risk assessment of the use of those techniques on the fundamental rights and freedoms of individuals and the society as a whole; the results of these risk assessments shall be made publicly available. |
Amendment 135
Proposal for a regulation
Article 12 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. The publisher shall not process, for the purpose of providing political advertising services, personal data of end users using services of third parties that make use of core platform services of the publisher. |
Amendment 136
Proposal for a regulation
Article 12 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Political advertising publishers making use of targeting or amplification techniques shall include in the transparency notice required under Article 7 the information specified in paragraph 3(c) and a link to the policy referred to in paragraph 3(a). In case the controller is different from the advertising publisher, the controller shall transmit the internal policy or a reference to it to the political advertising publisher. | deleted |
Amendment 137
Proposal for a regulation
Article 12 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Political advertising publishers making use of targeting or amplification techniques referred to in paragraph 3 shall include in or together with the advertisement and in the transparency notice required under Article 7 a reference to effective means to support individuals exercise their rights under Regulation (EU) 2016/679. | 5. Political advertising publishers making use of targeting techniques referred to in paragraph 3 shall include in or together with the advertisement and in the transparency notice required under Article 7 a reference to effective means to support individuals exercise their rights under Regulation (EU) 2016/679. The transparency notice shall visibly link to an easily accessible interface in which users can withdraw their consent or modify the personal data they provided for the sole purpose of online political advertising as referred to in paragraphs 1c and 1d. |
Amendment 138
Proposal for a regulation
Article 12 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex II by modifying or removing elements of the list of information to be provided pursuant to paragraph 3(c) of this Article in light of technological developments in relevant scientific research, and developments in supervision by competent authorities and relevant guidance issued by competent bodies. | deleted |
Amendment 139
Proposal for a regulation
Article 13 – title
| Text proposed by the Commission | Amendment |
| Transmission of information concerning targeting or amplification to other interested entities | Transmission of information concerning online targeting or ad delivery to other interested entities |
Amendment 140
Proposal for a regulation
Article 14 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. Member States shall keep publicly available registers of legal representatives registered at national level under this Regulation. The Commission shall keep a publicly available register of legal representatives registered at Union level under this Regulation. |
Amendment 141
Proposal for a regulation
Article 15 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. In case the political advertising publisher is a very large online platform within the meaning or a very large online search engine within the meaning of Article 33 of Regulation 2022/2065,the European Data Protection Board may initiate an investigation, at the request of national authorities, the Commission, or on its own initiative after consulting the relevant national authorities if it suspects the infringement of Article - 12 or Article 12 of this Regulation. |
Amendment 142
Proposal for a regulation
Article 15 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
| 1b. The initiation of investigation pursuant to paragraph 1a of this Article by the European Data Protection Board shall relieve the national data protection authority or authorities, or any competent authority where applicable, of its powers regarding the infringement at stake to supervise and enforce the obligations under this Regulation. |
Amendment 143
Proposal for a regulation
Article 15 – paragraph 1 c (new)
| Text proposed by the Commission | Amendment |
| 1c. The national data protection authorities shall, within 15 days after being informed of initiation of the investigation, or within seven days if within 60 days immediately preceding elections or referendums as referred to in Article 12(1d), transmit to the European Data Protection Board any information they hold about the infringement at stake. |
Amendment 144
Proposal for a regulation
Article 15 – paragraph 1 d (new)
| Text proposed by the Commission | Amendment |
| 1d. In the exercise of its powers of investigation under this Regulation the European Data Protection Board shall request the individual or joint support of any national data protection authority or authorities concerned by the suspected infringement, including the data protection authority of establishment. |
Amendment 145
Proposal for a regulation
Article 15 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2a. The Commission shall have exclusive competence to monitor the compliance of very large online platforms and very large search engines within the meaning of Article 33 of Regulation (EU) 2022/2065 with the obligations laid down in this Regulation, except of Articles -12 and 12 thereof. |
Amendment 146
Proposal for a regulation
Article 15 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 2. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation. | 3. Each Member State shall designate one or more competent authorities to be responsible for the diligent, objective, consistent and uniform application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 2. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from the government of each Member State, from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation. |
Amendment 147
Proposal for a regulation
Article 15 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have the power to request to access data, documents or any necessary information from providers of political advertising services for the performance of their supervisory tasks. | 4. The European Data Protection Board, the Commission and the national competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have the following powers for the performance of their supervisory tasks: |
Amendment 148
Proposal for a regulation
Article 15 – paragraph 4 – point a (new)
| Text proposed by the Commission | Amendment |
| (a) the power to conduct investigations concerning the application of this Regulation, including on the basis of information received from another supervisory authority or other public authority; |
Amendment 149
Proposal for a regulation
Article 15 – paragraph 4 – point b (new)
| Text proposed by the Commission | Amendment |
| (b) the power to request data, information without undue delay from political actors, political advertising service providers, sponsors and publishers, as well as any other persons in relation with their profession if those persons may be reasonably aware of a suspected infringement of this Regulation; |
Amendment 150
Proposal for a regulation
Article 15 – paragraph 4 – point c (new)
| Text proposed by the Commission | Amendment |
| (c) the power to ask any relevant member of staff or representative of political advertising service providers, sponsors or publishers or the persons referred to in point (b) to give a statement or provide an explanation in respect of any information relating to a suspected infringement; |
Amendment 151
Proposal for a regulation
Article 15 – paragraph 4 – point d (new)
| Text proposed by the Commission | Amendment |
| (d) the power to request any person in political advertising to provide their expertise relating to a suspected infringement; |
Amendment 152
Proposal for a regulation
Article 15 – paragraph 4 – point e (new)
| Text proposed by the Commission | Amendment |
| (e) the power to handle complaints lodged by a data subject, or by a body, organisation or association and investigate, to the extent appropriate, the subject matter of the complaint; |
Amendment 153
Proposal for a regulation
Article 15 – paragraph 4 – point f (new)
| Text proposed by the Commission | Amendment |
| (f) the power to impose an administrative fine pursuant to Article 16 |
Amendment 154
Proposal for a regulation
Article 15 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
| 4a. The decisions of the European Data Protection Board, the Commission and the national competent authorities referred to in paragraph 3 shall be subject to judicial review in accordance with Union and national law. |
Amendment 155
Proposal for a regulation
Article 15 – paragraph 5 – introductory part
| Text proposed by the Commission | Amendment |
| 5. Competent authorities referred to in paragraph 3, where exercising their enforcement powers in relation to this Regulation, shall have the power to: | 5. Competent authorities where exercising their enforcement powers in relation to this Regulation, shall have the power to: |
Amendment 156
Proposal for a regulation
Article 15 – paragraph 5 – point b a (new)
| Text proposed by the Commission | Amendment |
| (ba) issue guidance on compliance in response to requests raised by political advertising publishers under Article 9; |
Amendment 157
Proposal for a regulation
Article 15 – paragraph 5 – point c a (new)
| Text proposed by the Commission | Amendment |
| (ca) impose periodic administrative fines and financial penalties. |
Amendment 158
Proposal for a regulation
Article 15 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Member States shall ensure cooperation among competent authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. | 6. Member States shall ensure cooperation among competent authorities and supervisory authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. |
Amendment 159
Proposal for a regulation
Article 15 – paragraph 9 a (new)
| Text proposed by the Commission | Amendment |
| 9a. The competent authorities of the Member States shall draw up, at the end of each election or referendum, reports on the compliance of Union providers of political advertising services with existing law, including this Regulation, as well as with the protection of personal data, when using techniques to target a specific audience or to amplify the impact of political advertising material. Those reports shall be forwarded to the Commission and, in the case of elections to the European Parliament, to the European Parliament. |
Amendment 160
Proposal for a regulation
Article 16 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. In relation to Articles 5 to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable to providers of political advertising services under their jurisdiction for infringements of the present Regulation, which shall in each individual case be effective, proportionate and dissuasive. | 1. In relation to Articles 3a, 4, 5 to 11, 13 and 14 Member States and the Commission shall lay down rules on sanctions including administrative fines and financial penalties and procedures of rectification applicable to providers of political advertising services under their jurisdiction for infringements of the present Regulation, which shall in each individual case be effective, proportionate and dissuasive. |
Amendment 161
Proposal for a regulation
Article 16 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Infringements of Article 7 shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election is being organised. | 4. Infringements of Article 4, 5 and 7 shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election is being organised. |
Amendment 162
Proposal for a regulation
Article 16 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. For infringements of the obligations laid down in Article 12, the supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679 may within their scope of competence impose administrative fines in line with Article 83 of Regulation (EU) 2016/679 and up to the amount referred to in Article 83(5) of that Regulation. | 6. For infringements of the obligations laid down in Articles -12 and 12, the supervisory authorities referred to in Article 51 of the Regulation (EU)2016/679 and the European Data Protection Board may use the investigative and corrective powers laid down in that Regulation and within their scope of competence impose administrative fines in line with Article 83 of Regulation(EU) 2016/679 and up to the amount referred to in Article 83(5) of that Regulation. |
Amendment 163
Proposal for a regulation
Article 16 – paragraph 6 a (new)
| Text proposed by the Commission | Amendment |
| 6a. In case of particularly serious and systemic infringements of the obligations laid down in Articles -12 and 12 by the sponsor, where the political advertising publisher is a very large online platform or a very large online search engine within the meaning of Article 33 of Regulation (EU) 2022/2065, the European Data Protection Board may order, for a strictly limited period of time, which does not exceed 15 days, the very large online platform or search engine not to provide targeting and ad delivery services for that particular sponsor, pursuant to Article 15(1a). Such suspension may be imposed in addition to or instead of an administrative fine. |
Amendment 164
Proposal for a regulation
Article 16 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. For infringements of the obligations laid down in Article 12, the supervisory authority referred to in Article 52 of Regulation (EU) 2018/1725 may impose within its scope of competence administrative fines in line with Article 66 of Regulation (EU) 2018/1725 up to the amount referred to in Article 66 (3) of that Regulation. | 7. For infringements of the obligations laid down in Articles -12 and 12, the supervisory authority referred to in Article 52 of Regulation (EU) 2018/1725 may use the investigative and corrective powers laid down in that Regulation and impose within its scope of competence administrative fines in line with Article 66 of Regulation (EU) 2018/1725 up to the amount referred to in Article 66 (3) of that Regulation. |
Amendment 165
Proposal for a regulation
Article 16 – paragraph 7 a (new)
| Text proposed by the Commission | Amendment |
| 7a. Member States shall report annually to the Commission on the sanctions imposed to enforce the provisions of this Regulation, in particular on the type of sanctions applied and the amount of the administrative fines and financial penalties. The Commission shall summarise and evaluate those reports annually and use them for the review process under Article 18. |
Amendment 166
Proposal for a regulation
Article 16 – paragraph 7 b (new)
| Text proposed by the Commission | Amendment |
| 7b. The Commission is empowered to adopt delegated acts in accordance with Article 19 to introduce minimum sanctions across the Union for infringements of the obligations laid down in Articles 12 and 13 after having consulted competent authorities and other relevant stakeholders. |
Amendment 167
Proposal for a regulation
Article 18 – paragraph 1
| Text proposed by the Commission | Amendment |
| Within two years after each election to the European Parliament and for the first time by 31 December 2026 at the latest, the Commission shall submit a report on the evaluation and review of this Regulation. This report shall assess the need for amendment to this Regulation. The report shall be made public. | Within two years after each election to the European Parliament and for the first time by 31 December 2026 at the latest, the Commission shall submit a report on the evaluation and review of this Regulation. This report shall assess the need for amendment to this Regulation. The report shall be made public and presented to the European Parliament. |
Amendment 168
Proposal for a regulation
Article 18 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| The Commission shall submit by...[three years after the entry into force of this Regulation] and every three years thereafter a report on the impacts of this Regulation on stakeholders, in particular on civil society, which is to be based on a broad consultation with relevant stakeholders. |
Amendment 169
Proposal for a regulation
Article 19 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The power to adopt delegated acts referred to in Article 7(8) and Article 12(8) shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections]. | 2. The power to adopt delegated acts referred to in Article 7(8) and Article 12(8) and 16 (7b) shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections]. |
Amendment 170
Proposal for a regulation
Article 19 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. The delegation of power referred to in Article 7(8) and Article 12(8) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. | 3. The delegation of power referred to in Article 7(8) and Article 12(8) and 16 (7b) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |
Amendment 171
Proposal for a regulation
Article 19 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. A delegated act adopted pursuant to Article 7(8) or Article 12(8) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. | 5. A delegated act adopted pursuant to Article 7(8) or Article 12(8) or Article 16 (7b) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. |
Amendment 172
Proposal for a regulation
Annex I – point a
| Text proposed by the Commission | Amendment |
| (a) where the notice is not within the advertisement itself, an example/representation of the political advertisement or a link to it. | (a) an example/representation of the political advertisement or a link to it; |
Amendment 173
Proposal for a regulation
Annex I – point b
| Text proposed by the Commission | Amendment |
| (b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is disseminated including their name, address, telephone number and electronic mail address, and whether they are a natural or legal entity. | (b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is prepared, placed, published, promoted and disseminated including their name, address, verified telephone number or electronic mail address, and whether they are a natural or legal entity; |
Amendment 174
Proposal for a regulation
Annex I – point d
| Text proposed by the Commission | Amendment |
| (d) any election with which the advertising is linked, if applicable. | (d) any election or referendum with which the advertising is linked, if applicable; |
Amendment 175
Proposal for a regulation
Annex I – point e
| Text proposed by the Commission | Amendment |
| (e) the provisional aggregated amount spent on, and the value of other benefits received in part or full exchange for the specific advertisement, and on the specific advertising campaign where relevant, including on the preparation, placement, promotion, publication and dissemination of the political advertisements, as well as the aggregated actual amount spent and the value of other benefits received once known. | (e) the amount spent on, and the value of other benefits received in part or full exchange for the specific advertisement, and on the specific advertising campaign where relevant, including on the preparation, placement, promotion, publication and dissemination of the political advertisements, as well as the aggregated actual amount spent and the value of other benefits received once known; |
Amendment 176
Proposal for a regulation
Annex I – point h
| Text proposed by the Commission | Amendment |
| (h) where the publisher is a very large online platform, a link to the advertisement’s location in the publisher’s advertising repository. | (h) a link to the advertisement’s location in the European library for political advertisements. |
Amendment 177
Proposal for a regulation
Annex II – subheading 1
| Text proposed by the Commission | Amendment |
| Information to be provided under Article 12(3) | deleted |
Amendment 178
Proposal for a regulation
Annex II – point a
| Text proposed by the Commission | Amendment |
| (a) the specific groups of recipients targeted, including the parameters used to determine the recipients to whom the advertising is disseminated, with the same level of detail as used for the targeting, the categories of personal data used for the targeting and amplification, the targeting and amplification goals, mechanisms and logic including the inclusion and exclusion parameters and the reasons for choosing these parameters. | deleted |
Amendment 179
Proposal for a regulation
Annex II – point b
| Text proposed by the Commission | Amendment |
| (b) the period of dissemination, the number of individuals to whom the advertisement is disseminated and indications of the size of the targeted audience within the relevant electorate. | deleted |
Amendment 180
Proposal for a regulation
Annex II – point c
| Text proposed by the Commission | Amendment |
| (c) the source of the personal data referred to in point (a), including, where applicable, information that the personal data was derived, inferred, or obtained from a third party and its identity as well as a link to the data protection notice of that third party for the processing at stake. | deleted |
Amendment 181
Proposal for a regulation
Annex II – point d
| Text proposed by the Commission | Amendment |
| (d) a link to effective means to support individuals’ exercise of their rights under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable, in the context of targeting and amplification of political advertising on the basis of their personal data. | deleted |
OPINION OF THE COMMITTEE ON LEGAL AFFAIRS
for the Committee on the Internal Market and Consumer Protection
on the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising
(COM(2021)0731 – C9-0433/2021 – 2021/0381(COD))
Rapporteur for opinion: Angelika Niebler
SHORT JUSTIFICATION
Democracy is our highest value in the EU. According to Article 10 of the Treaty of Lisbon, the functioning of the Union shall be founded on representative democracy. Article 11 specifically sets out that i.a. citizens and representative associations shall be given the opportunity to make known and publicly exchange their views in all areas of Union action. Moreover, the institutions shall maintain an open, transparent and regular dialogue with them.
According to Article 12 of the Charter of Fundamental Rights, political parties at European level contribute to expressing the political will of citizens in the EU. Democracy lives from the participation of citizens. Therefore, it is important to address voters and encourage them to be part of the political discussion. The conference on the future of Europe showed that the interest of citizens in political discourse is very high. The conference on the future of Europe inspired thousands of citizens to politically participate and to express their opinions in the political debate. This culture of political debate must be fostered.
Political advertising enables voters to identify differences in the political positions of political actors. It allows voters to be informed about the political actors’ political priorities. This informative function of political advertising is key to foster democratic debate and ultimately enhance democratic participation. Thereby, the transparency of political advertising is a crucial element for voters to identify which political actor disseminates the political advertisement and to understand the context of the advertisement.
It is harmful to democracy when political discourse is manipulated and information is being distorted. The cases of mass disinformation campaigns in the EU, such as the Cambridge Analytica scandal, demonstrate this vulnerability. The potential for manipulation is particularly large when artificial intelligence or other technologies are involved. Especially in the digital world, citizens are increasingly exposed to disinformation campaigns. This must be prevented so that citizens can form their opinions on the basis of sound information.
Freedom of the media and freedom of expression must be respected at all times so that an open exchange of opinions can take place. Journalists in the EU are reporting on political issues in online media, also and especially during election campaigns and thus providing information to citizens. It is important to separate editorial content from political advertising by definition, so that freedom of the media and freedom of expression are safeguarded.
As regards regional and local politics and political advertising, there is no clear impact on EU internal market rules. For this reason, this regulation should be applied only to EU and national elections.
The main addressees of this regulation are providers of digital political advertising services. The providers of these services prepare, place, promote, publish or disseminate digital political advertising in the EU. For that reason, this regulation should clearly define which obligations are imposed upon which addressee.
AMENDMENTS
The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take into account the following amendments:
Amendment 1
Proposal for a regulation
Title 1
| Text proposed by the Commission | Amendment |
| Proposal for a | Proposal for a |
| REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL | REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL |
| on the transparency and targeting of political advertising | on the transparency and targeting of online political advertising |
| (Text with EEA relevance) | (Text with EEA relevance) |
Amendment 2
Proposal for a regulation
Recital 1 a (new)
| Text proposed by the Commission | Amendment |
| (1a) Democracy is a core European value and it can only thrive in a climate where both freedom of information and freedom of expression are upheld, in accordance with the Charter of Fundamental Rights, resulting in everyone beingable to express their views. An open culture of political debate where a plurality of views can be expressed is an integral part of democracy. A healthy democracy relies on the active participation of citizens and for this participation to be meaningful they must be able to form their own judgements in a public space where political actors are able to reach out to voters and to encourage them to be part of the political discussion. |
Amendment 3
Proposal for a regulation
Recital 1 b (new)
| Text proposed by the Commission | Amendment |
| (1b) The conference on the future of Europe inspired thousands of citizens to participate politically and to express their opinions in the political debate. Fostering this culture of political debate is essential. |
Amendment 4
Proposal for a regulation
Recital 1 c (new)
| Text proposed by the Commission | Amendment |
| (1c) During European and national election periods, parties campaign in order to enable voters to make electoral choices on the basis of an open debate, in which their different political positions are expressed. Engaged, informed and empowered citizens are the best guarantee of the resilience of our democracies. Restrictions on political advertising risk harming democracy and should, therefore, always be strictly justified and proportionate. |
Amendment 5
Proposal for a regulation
Recital 2
| Text proposed by the Commission | Amendment |
| (2) Political advertising can be disseminated or published through various means and media across borders. It can be disseminated or published via traditional offline media such as newspapers, television and radio, and also increasingly via online platforms, websites, mobile applications, computer games and other digital interfaces. The latter are not only particularly prone to be offered cross-border, but also raise novel and difficult regulatory and enforcement challenges. The use of online political advertising is strongly increasing, and certain linear offline forms of political advertising, such as radio and television, are also offered online as on-demand services. Political advertising campaigns tend to be organised to make use of a range of media and forms. | (2) Political advertising is increasingly being disseminated or published via online platforms, websites, mobile applications, computer games and other digital interfaces. Online political advertising are not only particularly prone to be offered cross-border, but also raise novel and difficult regulatory and enforcement challenges, especially in terms of regulatory fragmentation across the Member States. The use of online political advertising is strongly increasing, and certain linear offline forms of political advertising, such as radio and television, are also offered online as on-demand services. Political advertising campaigns tend to be organised to make use of a range of media and forms. |
Amendment 6
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) Given that it is normally provided against remuneration, advertising, including political advertising, constitutes a service activity under Article 57 of the Treaty on the Functioning of the European Union (‘TFEU’). In Declaration No 22, regarding persons with a disability, annexed to the Treaty of Amsterdam, the Conference of the Representatives of the Governments of the Member States agreed that, in drawing up measures under Article 114 of the TFEU, the institutions of the Union are to take account of the needs of persons with disabilities. | (3) Given that it is normally provided against remuneration, advertising, including political advertising, constitutes a service activity under Article 57 of the Treaty on the Functioning of the European Union(‘TFEU’). In Declaration No 22, regarding persons with a disability, annexed to the Treaty of Amsterdam, the Conference of the Representatives of the Governments of the Member States agreed that, in drawing up measures under Article 114 of the TFEU, the institutions of the Union are to take account of the needs of persons with disabilities. The right of persons with disabilities and of the elderly to participate and be integrated in the political and democratic life of the Union should be ensured. |
Amendment 7
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
| (4) The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature, and where it is targeted. Transparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, and how they are being targeted by an advertising service provider, so that voters are better placed to make informed choices. | (4) To ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union(‘TEU’). Transparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made so that voters are better placed to make informed choices. However, it is often a challenge for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature, and where it is targeted. Additional transparency requirements should not lead to political actors being exposed to pressure by state institutions that could limit their freedom of expression. |
Amendment 8
Proposal for a regulation
Recital 4 a (new)
| Text proposed by the Commission | Amendment |
| (4a) In addition to transparency measures and in order to ensure a proper application of this Regulation, it is also needed that Member States and relevant stakeholders contribute to enhance digital and media literacy of the citizens, in particular as regards the political debate and elections. Digital and media literacy should be understood as the knowledge, skills and understanding that allow citizens to engage effectively with media and other information providers in relation to political advertising, acquiring a basic knowledge on the notions and skills required to ensure compliance with and enforcement of this Regulation. |
Amendment 9
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
| (5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way. | (5) In the context of advertising, including political advertising, targeting and ad delivery techniques are frequently used. Targeting or ad delivery techniques should be understood as techniques that are used by sponsors, political advertising publishers or providers of political advertising services either to address or disseminate a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Given the power and the potential for the misuse of personal data of targeting, in particular online, including through microtargeting and other advanced techniques, such techniques for the purpose of online political advertising, when misused, may present particular threats to legitimate public interests, such as democracy, fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way. |
Amendment 10
Proposal for a regulation
Recital 5 a (new)
| Text proposed by the Commission | Amendment |
| (5a) Recent disinformation campaigns in the wake of Russia's war of aggression against Ukraine, as well as the Cambridge Analytica scandal, have exposed how the digital political debate can be manipulated. Especially during election periods, disinformation campaigns are harmful to citizens since they deprive them of the opportunity to take a decision based on sound information. Disinformation campaigns are of great concern in the digital world and are often spread via social media and other online-platforms. For this reason, this Regulation should only apply to digital political advertising. |
Amendment 11
Proposal for a regulation
Recital 5 b (new)
| Text proposed by the Commission | Amendment |
| (5b) Interference from third countries, especially during electoral periods, can be dangerous to the democratic process if it results in disinformation being disseminated. Therefore, political advertisement services should only be provided if a sponsor of the digital political advertising or the entity ultimately controlling the sponsor have a business seat within the EU. |
Amendment 12
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national legislation are likely to exist in some Member States resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising. | (6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms, whether it is on the online environment that the dissemination of political advertising is particularly challenging and needs to be reinforced in the regulation. Specific restrictions exist including on cross-border provisions of political advertising services. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national legislation are likely to exist in some Member States resulting in political advertising sometimes being disseminated, mainly online, without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising. |
Amendment 13
Proposal for a regulation
Recital 7
| Text proposed by the Commission | Amendment |
| (7) To provide enhanced transparency of political advertising including to address citizens' concerns, some Member States have already explored or are considering additional measures to address the transparency of political advertising and to support a fair political debate and free and fair elections or referendums. These national measures are in particular considered for advertising published and disseminated online and may include further prohibitions. These measures vary from soft to binding measures and imply different elements of transparency. | (7) To provide enhanced transparency of political advertising including to address citizens' concerns, some Member States have already explored or are considering additional measures to address the transparency of political advertising and to support a fair political debate and free and fair elections or referendums. These national measures are in particular considered for advertising published and disseminated online and may include further prohibitions. These measures vary from soft to binding measures and imply different levels of transparency. |
Amendment 14
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
| (8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers, and requires complex compliance efforts and additional costs for relevant service providers. | (8) This situation leads to the fragmentation of the internal market and uneven cross-border enforcement, decreases legal certainty for providers of political advertising services, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers, and requires complex compliance efforts and additional costs for relevant service providers. For example, the definition of political advertising differs from one Member States to another, which creates difficulties when it comes to establishing whether an advertisement qualifies as being political. There are also substantial differences regarding the scope and content of the transparency obligations applicable to providers of political advertising services across Member States. What is more, fragmentation is expected to increase as Member States develop new rules to address the need to ensure the transparency of political advertising, especially against the backdrop of technological developments. The principle that what is illegal offline should be illegal online should also be ensured as regards the content of political advertising. |
Amendment 15
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
| (9) In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross-border situations. This is particularly true for microenterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the preparation, placement, publication or dissemination of political advertising in more than one Member State. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi-medium and multi-national campaigns within the internal market. | (9) In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross-border situations. This is particularly true for micro enterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the placement, publication or dissemination of political advertising in more than one Member State. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi-medium and multi-national campaigns within the internal market and also has a considerable impact on the level of accurate, objective and full information provided to EU citizens. |
Amendment 16
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
| (10) A consistent and high level of transparency of political advertising throughout the Union should therefore be ensured when political advertising services are provided, while divergences hampering the free circulation of related services within the internal market should be prevented, by laying down uniform transparency obligations for providers of political advertising services guaranteeing the uniform protection of rights of persons and supervision throughout the internal market based on Article 114 of the TFEU. | (10) A consistent and high level of transparency of online political advertising throughout the Union should therefore be ensured when political advertising services are provided, while divergences hampering the free circulation of related services within the internal market should be prevented, by laying down uniform transparency obligations for providers of political advertising services guaranteeing the uniform protection of rights of persons and supervision throughout the internal market based on Article 114 of the TFEU. |
Amendment 17
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
| (11) Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency in political advertising. Full harmonisation of the transparency requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising. | (11) Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency in political advertising. Full harmonisation of the transparency requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising. The reasonable efforts undertaken by political advertising publishers to ensure that the transparency requirements are fulfilled, and the assessment of whether these efforts are actually reasonable, should be governed by a consistent set of due diligence requirements relevant to the context of political advertising. |
Amendment 18
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
| (14) The Regulation should provide for harmonised transparency requirement applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and amplification are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include advertising entirely prepared, placed or published by service providers established outside the Union but disseminated to individuals in the Union. To determine whether a political advertisement is directed to individuals in a Member State, account should be taken of factors linking it to that Member State, including language, context, objective of the advertisement and its means of dissemination. | (14) The Regulation should provide for harmonised transparency requirements applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the placement, promotion, publication and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should address the lack of skills, knowledge and understanding on digital and media literacy by promoting tools and measures for the development of digital and media literacy programmes, including through education and training, skilling and reskilling programmes and ensuring proper gender and age balance in view of allowing a democratic control of political advertising. This Regulation should also address the use of targeting and ad delivery techniques providing for rules based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include advertising entirely placed or published by service providers established outside the Union but disseminated to individuals in the Union. To determine whether a political advertisement is directed to individuals in a Member State, account should be taken of factors linking it to that Member State, including the language,context, content and objective of the advertisement and its means of dissemination. |
Amendment 19
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
| (15) There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and amplification. This definition should cover the many forms that political advertising can take and any means and mode of publication or dissemination within the Union, regardless of whether the source is located within the Union or in a third country. | (15) There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and ad delivery. This definition should cover the many forms that political advertising can take and any means and mode of publication or dissemination within the Union, regardless of whether the source is located within the Union or in a third country. This definition should not cover messages of purely private or commercial nature including cases where a commercial stakeholder expresses support to a political topic for branding purposes. |
Amendment 20
Proposal for a regulation
Recital 18
| Text proposed by the Commission | Amendment |
| (18) Practical information from official sources regarding the organisation and modalities for participation in the elections or referendums should not constitute political advertising. | (18) Practical information issued by official sources recognised as such by the Member States regarding the organisation and modalities for participation in the elections or referendums should not constitute political advertising. |
Amendment 21
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
| (19) Political views expressed in the programmes of audiovisual linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation. | (19) Protecting freedom of the press and freedom of expression is of greatest value to the European Union. It is essential that freedom of the press and freedom of expression be respected at all times so that an open exchange of opinions can take place. Political views and messages covering news and current affairs expressed under the editorial responsibility of a media service provider, such as in the programmes of audio visual media services as defined in Article 1(1)(a) of Directive 2010/13/EU, linear or non-linear broadcasts or published in printed media, without direct payment or any other form of equivalent remuneration should not be considered political advertising and, therefore, should be excluded from the scope of this Regulation. |
Amendment 22
Proposal for a regulation
Recital 21
| Text proposed by the Commission | Amendment |
| (21) It is necessary to define political advertisement as an instance of political advertising. Advertisements include the means by which the advertising message is communicated, including in print, by broadcast media or via an online platforms service. | (21) It is necessary to define digital political advertisement as an instance of digital political advertising. Advertisements include the means by which the advertising message is communicated, including via an online platforms service. |
Amendment 23
Proposal for a regulation
Recital 23
| Text proposed by the Commission | Amendment |
| (23) The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European, national, regional or local level. Other political organisations should also be included in that definition. | (23) The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European, national, regional or local level. Other political organisations and their affiliated and subsidiary entities, such as, for instance, non-governmental organisations (NGOs) which are supporting political parties in their campaigning, should also be included in that definition. |
Amendment 24
Proposal for a regulation
Recital 24
| Text proposed by the Commission | Amendment |
| (24) An advertising campaign should refer to the preparation, publication and dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship and funding. It should include the preparation, placement, promotion, publication and dissemination of an advertisement or versions of an advertisement on different media and at different times within the same electoral cycle. | (24) An advertising campaign should refer to the publication and dissemination of a series of linked advertisements in the course of a contract for online political advertising, on the basis of common sponsorship and funding. It should include the placement, promotion, publication and dissemination of an advertisement or versions of an advertisement on different media and at different times within the same electoral cycle. |
Amendment 25
Proposal for a regulation
Recital 26
| Text proposed by the Commission | Amendment |
| (26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the preparation, placement, promotion, publication and dissemination of political advertising. | (26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the placement, promotion, publication and dissemination of political advertising. |
Amendment 26
Proposal for a regulation
Recital 27
| Text proposed by the Commission | Amendment |
| (27) The notion of political advertising services should not include messages that are shared by individuals in their purely personal capacity. Individuals should not be considered as acting in their personal capacity if they are publishing messages the dissemination or publication of which is paid for by another. | (27) The notion of political advertising services should not include messages that are shared by individuals in their purely personal capacity. Individuals should not be considered as acting in their personal capacity if they are publishing messages the dissemination or publication of which is paid for by another person. |
Amendment 27
Proposal for a regulation
Recital 28 a (new)
| Text proposed by the Commission | Amendment |
| (28a) In view of the importance of guaranteeing, in particular, the effectiveness of the transparency requirements, sponsors and providers of political advertising services acting on behalf of sponsors should transmit in good faith relevant information in a timely, complete and accurate manner to enable the other providers of political advertising services in the chain to comply with the Regulation. When the political advertising publisher is the only provider of political advertising services, the sponsor should communicate such information to the political advertising publisher. |
Amendment 28
Proposal for a regulation
Recital 31
| Text proposed by the Commission | Amendment |
| (31) Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. Every limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. That is inter alia the case where the political ideas are communicated through advertising service providers. | (31) Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. Every limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are necessary and justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. That is inter alia the case where the political ideas are communicated through advertising service providers. |
Amendment 29
Proposal for a regulation
Recital 33
| Text proposed by the Commission | Amendment |
| (33) The preparation, placement, promotion, publication and dissemination of political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting criteria, the provision of data used for the targeting of an advertisement, the provisions of targeting techniques, the delivery of an advertisement and its dissemination may be controlled by different service providers. For instance, automated services can support matching the profile of the user of an interface with the advertising content provided, using personal data collected directly from the user of the service and from the users’ online conduct, as well as inferred data. | (33) The placement, promotion, publication and dissemination of digital political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting criteria, the provision of data used for the targeting of an advertisement, the provisions of targeting techniques, the delivery of an advertisement and its dissemination may be controlled by different service providers. For instance, automated services can support matching the profile of the user of an interface with the advertising content provided, processing personal data collected directly from the user of the service and from the users’ online conduct, as well as inferred data. |
Amendment 30
Proposal for a regulation
Recital 34
| Text proposed by the Commission | Amendment |
| (34) In view of the importance of guaranteeing in particular the effectiveness of the transparency requirements including to ease their oversight, providers of political advertising services should ensure that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is provided to the political advertising publisher which brings the political advertisement to the public. In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should consider and support automating the transmission of information among providers of political advertising services. | (34) In view of the importance of guaranteeing in particular the effectiveness of the transparency and due diligence requirements including to ease their oversight, providers of political advertising services should ensure that that any political advertisement is labelled as such and the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is provided to the political advertising publisher which brings the political advertisement to the public. In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should consider and support automating the transmission of information among providers of political advertising services. |
Amendment 31
Proposal for a regulation
Recital 38
| Text proposed by the Commission | Amendment |
| (38) Transparency of political advertising should enable citizens to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in connection to each political advertisement of a clear statement to the effect that it is a political advertisement and of the identity of its sponsor. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising. They should also ensure the publication in connection to each political advertisement of information to enable the wider context of the political advertisement and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a link or equivalent clear and user-friendly direction included in the advertisement. | (38) Transparency of digital political advertising should enable citizens to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in connection to each political advertisement of a clear statement to the effect that it is a political advertisement and of the identity of its sponsor. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising. They should also ensure the publication in connection to each political advertisement of information to enable the wider context of the political advertisement and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a link or equivalent clear and user-friendly direction included in the advertisement. |
Amendment 32
Proposal for a regulation
Recital 39
| Text proposed by the Commission | Amendment |
| (39) This information should be provided in a transparency notice which should also include the identity of the sponsor, in order to support accountability in the political process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article 14, 15 and 19 of Regulation (EU) 2021/XXX [Digital Services Act]. | (39) This information should be provided in a transparency notice which should also include the identity of the sponsor, in order to support accountability in the political process, regardless if the political advertisement relates to an electoral cycle or a legislative or regulatory process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article 14, 15 and 19 of Regulation (EU) 2021/XXX [Digital Services Act]. Providers of political advertising services should make their best efforts to ensure that the information is complete and accurate. |
Amendment 33
Proposal for a regulation
Recital 41
| Text proposed by the Commission | Amendment |
| (41) Transparency notices should be designed to raise user awareness and help the clear identification of the political advertisement as such. They should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. The information included in the transparency notice should be published when the publication of the political advertisements start and be retained for a period of one year after the last publication. The retained information should also include information about political advertising which was terminated or which was taken down by the publisher. | (41) Transparency notices should be designed to raise user awareness and help the clear and readily accessible identification of the digital political advertisement as such. They should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. The information included in the transparency notice should be published when the publication of the political advertisements start and be retained for a period of one year after the last publication. The retained information should also include information about political advertising which was terminated or which was discontinued or suspended by the publisher. |
Amendment 34
Proposal for a regulation
Recital 42
| Text proposed by the Commission | Amendment |
| (42) Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement. Political advertising publishers should not make available to the public those political advertisements not fulfilling the transparency requirements under this Regulation. In addition, political advertising publishers which are very large online platforms within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 30 Regulation [Digital Services Act] . This will facilitate the work of interested actors including researchers in their specific role to support free and fair elections or referendums and fair electoral campaigns including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape. | (42) Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement. Political advertising publishers should not make available to the public those political advertisements not fulfilling the transparency requirements under this Regulation. Where political advertising publishers become aware of that a political advertisement is not complying with the transparency requirements, it should discontinue the publication or dissemination until the information is completed or corrected. In addition, political advertising publishers which are very large online platforms within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 30 Regulation[Digital Services Act] . This will facilitate the work of interested actors including researchers in their specific role to support free and fair elections or referendums and fair electoral campaigns including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape. |
Amendment 35
Proposal for a regulation
Recital 44
| Text proposed by the Commission | Amendment |
| (44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article 3(3) of Directive 2013/34/EU. | (44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article 3(1)-(3) of Directive 2013/34/EU. |
Amendment 36
Proposal for a regulation
Recital 45 a (new)
| Text proposed by the Commission | Amendment |
| (45a) The political advertising publishers should make reasonable efforts to address in a timely, diligent and objective manner the notifications received pursuant to this Regulation, where relevant, by contacting the relevant service providers and, as relevant, the sponsor. The political advertising publisher should inform the author of the notification of the follow up given to the notification. |
Amendment 37
Proposal for a regulation
Recital 56
| Text proposed by the Commission | Amendment |
| (56) In the interest of the effective supervision of this Regulation, it is necessary to entrust oversight authorities with the competence to monitor and enforce the relevant rules. Depending on the legal system of each Member State and in line with existing Union law including Regulation (EU) 2016/679 and Regulation (EU) 2021/xxx [Digital Services Act], different national judicial or administrative authorities may be designated to that effect. | (56) In the interest of the effective supervision of this Regulation, it is necessary to entrust oversight authorities with the competence to monitor and enforce the relevant rules and endow them with resources commensurate with such additional competences. Depending on the legal system of each Member State and in line with existing Union law including Regulation (EU) 2016/679 and Regulation (EU) 2021/xxx [Digital Services Act],different national judicial or administrative authorities may be designated to that effect. |
Amendment 38
Proposal for a regulation
Recital 58
| Text proposed by the Commission | Amendment |
| (58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States should designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council13 . | (58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation(EU) 2016/679, Regulation (EU) 2018/725 Member States should designate competent authorities to monitor and enforce relevant rules and endow them with resources commensurate with such tasks. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered to effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council 13. |
| __________________ | __________________ |
| 13 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive (OJ L 95, 15.4.2010, p. 1). | 13 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive (OJ L 95, 15.4.2010, p. 1). |
Amendment 39
Proposal for a regulation
Recital 63
| Text proposed by the Commission | Amendment |
| (63) Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or financial penalties. When doing so, they should take into account the nature, gravity, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, as well as the economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in Article 7 for the effective pursuit of the objectives of the present Regulation should be taken into account. Furthermore, they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, including by delaying the provision of information to interested entities, as well as, where relevant, whether the provider of political advertising services is active in several Member States. Financial penalties and administrative fines shall in each individual case be effective, proportionate and dissuasive, with due regard to the provision of sufficient and accessible procedural safeguards, and in particular to ensure that the political debate remains open and accessible. | (63) Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or financial penalties. When doing so, they should take into account the nature, gravity, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, as well as the economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in Article 7 for the effective pursuit of the objectives of the present Regulation should be taken into account. Furthermore, they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this Regulation, including by delaying the provision of information to interested entities, as well as, where relevant, whether the provider of political advertising services is active in several Member States. Financial and administrative penalties shall in each individual case be effective, proportionate and dissuasive, with due regard to the provision of sufficient and accessible procedural safeguards, and in particular to ensure that the political debate remains open and accessible. |
Amendment 40
Proposal for a regulation
Recital 65
| Text proposed by the Commission | Amendment |
| (65) Member States should publish the exact duration of their electoral periods, established according to their electoral traditions, sufficiently in advance of the beginning of the electoral calendar. | (65) Member States should publish the exact duration of their electoral periods, established according to their legislation and electoral traditions, sufficiently in advance of the beginning of the electoral calendar. |
Amendment 41
Proposal for a regulation
Recital 67
| Text proposed by the Commission | Amendment |
| (67) Within two years after each election to the European Parliament, the Commission should submit a public report on the evaluation and review of this Regulation. In preparing that report the Commission should also take into account the implementation of this Regulation in the context of other elections and referendums taking place in the Union. The report should review inter alia the continued suitability of the provisions of this Regulation’s annexes and consider the need for their revision. | (67) Within a 12-month period following each election to the European Parliament, the Commission should present an evaluation report on the applicability of this regulation. In preparing that report the Commission should also take into account the implementation of this Regulation in the context of other elections and referendums taking place in the Union. The report should review inter alia the continued suitability of the provisions of this Regulation’s annexes and consider the need for their revision. |
Amendment 42
Proposal for a regulation
Article 1 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) harmonised transparency obligations for providers of political advertising and related services to retain, disclose and publish information connected to the provision of such services; | (a) harmonised transparency and due diligence obligations for providers of digital political advertising and related services to retain,disclose and publish information connected to the provision of such services; |
Amendment 43
Proposal for a regulation
Article 1 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the use of personal data. | (b) harmonised rules on the use of targeting and ad delivery techniques in the context of the publication, dissemination or promotion of digital political advertising that involve the processing of personal data. |
Amendment 44
Proposal for a regulation
Article 1 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used. | 2. This Regulation shall apply to digital political advertising prepared, placed, promoted, published or disseminated in the Union in the context of election campaigns at European and national level, or directed to individuals in one or several Member States in the context of election campaigns at European and national level, irrespective of the place of establishment of the advertising services provider. |
Amendment 45
Proposal for a regulation
Article 1 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used. | 2. This Regulation shall apply to digital political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider. |
Amendment 46
Proposal for a regulation
Article 1 – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
| (a) to contribute to the proper functioning of the internal market for political advertising and related services; | (a) to contribute to the proper, safe, predictable and trusted functioning of the internal market for political advertising and related services, ensuring that fundamental rights and freedoms enshrined in the Charter are effectively protected; |
Amendment 47
Proposal for a regulation
Article 1 – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
| (b) to protect natural persons with regard to the processing of personal data. | (b) to protect natural persons with regard to the processing of personal data in connection with political advertising; |
Amendment 48
Proposal for a regulation
Article 1 – paragraph 3 – point b a (new)
| Text proposed by the Commission | Amendment |
| (ba) to uphold the values on which the Union is founded as established by Article 2 TEU, in particular the respect for democracy and freedom, by making digital political advertising and online targeting more transparent and promoting digital and media literacy among citizens, thus strengthening democracy and guaranteeing that citizens can exercise their democratic rights in an informed manner and free from manipulation. |
Amendment 49
Proposal for a regulation
Article 1 – paragraph 4 – introductory part
| Text proposed by the Commission | Amendment |
| 4. This Regulation is without prejudice to the rules laid down in the following: | 4. This Regulation complements and is without prejudice to the rules laid down in the following: |
Amendment 50
Proposal for a regulation
Article 1 – paragraph 4 – point g a (new)
| Text proposed by the Commission | Amendment |
| (ga) Regulation (EU) 2016/679(GDPR); |
Amendment 51
Proposal for a regulation
Article 1 – paragraph 4 – point g b (new)
| Text proposed by the Commission | Amendment |
| (gb) Regulation (EU) 2018/1725; |
Amendment 52
Proposal for a regulation
Article 1 – paragraph 4 – point i
| Text proposed by the Commission | Amendment |
| (i) Regulation (EU) 2021/xxx [the Digital Services Act]. | (i) Regulation (EU) 2022/xxx[the Digital Services Act] and Regulation (EU) 2022/xxx [the Digital Markets Act]. |
Amendment 53
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
| Text proposed by the Commission | Amendment |
| 2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, of a message: | 2. ‘political advertising’ means a service as defined by Article 57 TFEU, consisting on the placement, promotion, publication or dissemination, of a message: |
Amendment 54
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
| Text proposed by the Commission | Amendment |
| (b) which is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour. | (b) which is liable to influence the voting behaviour or the outcome of an election or referendum, a legislative or regulatory process. |
Amendment 55
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point –a (new)
| Text proposed by the Commission | Amendment |
| (-a) a government, bodies of governments with or without legal personality, a local government, bodies of local governments with or without legal personality and public foundations thereof; |
Amendment 56
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point -a a (new)
| Text proposed by the Commission | Amendment |
| (-aa) the European Parliament, national, regional and local parliaments; |
Amendment 57
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point -a b (new)
| Text proposed by the Commission | Amendment |
| (-ab) a Union institution and its bodies with or without legal personality; |
Amendment 58
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point -a c (new)
| Text proposed by the Commission | Amendment |
| (-ac) international and intergovernmental organisations; |
Amendment 59
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point h a (new)
| Text proposed by the Commission | Amendment |
| (ha) any non-governmental organisation operating in the Union area and receiving public funds directly or indirectly. |
Amendment 60
Proposal for a regulation
Article 2 – paragraph 1 – point 6
| Text proposed by the Commission | Amendment |
| 6. ‘political advertising campaign’ means the preparation, placement, promotion, publication or dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship or funding; | 6. ‘political advertising campaign’ means the placement, promotion, publication or dissemination of a series of linked digital political advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship or funding; |
Amendment 61
Proposal for a regulation
Article 2 – paragraph 1 – point 7
| Text proposed by the Commission | Amendment |
| 7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published or disseminated; | 7. sponsor’ means the natural or legal person on whose behalf a digital political advertisement is placed, published or disseminated; |
Amendment 62
Proposal for a regulation
Article 2 – paragraph 1 – point 8
| Text proposed by the Commission | Amendment |
| 8. ‘targeting or amplification techniques’ means techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement; | 8. ‘targeting techniques’ means techniques that are available to and used by the sponsor to determine the potential audience of a tailored digital political advertisement in order to address it only to an eligible person or group of persons; |
Amendment 63
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
| Text proposed by the Commission | Amendment |
| 8a. ‘ad delivery techniques’ means techniques used by publishers or other providers of political advertising services to deliver a tailored digital political advertisement only to specific individuals included in the group of individuals that constitute the targeted audience as defined by the sponsor of the digital political advertisement; |
Amendment 64
Proposal for a regulation
Article 2 – paragraph 1 – point 9
| Text proposed by the Commission | Amendment |
| 9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State and during which the campaign activities are subject to specific rules; | 9. electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State, as defined in Union or national legislation, and during which the campaign activities are subject to specific rules; |
Amendment 65
Proposal for a regulation
Article 2 – paragraph 1 – point 10
| Text proposed by the Commission | Amendment |
| 10. ‘relevant electorate’ means the body of individuals eligible to vote in the election or referendum being contested in the Member State in which a political advertisement circulates, which may be the entire electorate of a Member State; | 10. ‘relevant electorate’ means the body of individuals eligible to vote in the election or referendum being contested in the Member State in which a digital political advertisement circulates, which may be the entire electorate of a Member State; |
Amendment 66
Proposal for a regulation
Article 2 – paragraph 1 – point 11
| Text proposed by the Commission | Amendment |
| 11. ‘political advertising publisher’ means a natural or legal person that broadcasts, makes available through an interface or otherwise brings to the public domain political advertising through any medium; | 11. ‘political advertising publisher’ means a natural or legal person that makes available through an interface or otherwise brings to the public domain digital political advertising; |
Amendment 67
Proposal for a regulation
Article 2 – paragraph 2
| Text proposed by the Commission | Amendment |
| For the purposes of the first paragraph, point (2) messages from official sources regarding the organisation and modalities for participation in elections or referendums or for promoting participation in elections or referendums shall not constitute political advertising. | For the purposes of the first paragraph, point (2), political views expressed under the editorial responsibility of a media service provider and placed, promoted, or disseminated without any form of remuneration from a third party and expressed under the editorial responsibility of a press publisher or a service provider, as well as messages from official sources regarding the organisation and modalities for participation in elections or referendums or for promoting participation in elections or referendums, shall not constitute political advertising. |
Amendment 68
Proposal for a regulation
Article 2 a (new)
| Text proposed by the Commission | Amendment |
| Article 2a | |
| Criteria for the identification of an online political advertisement | |
| For the purpose of determining whether a message constitutes online political advertisement within the meaning of Article 2(2)(b) and is influencing the voting behaviour or the outcome of an election or referendum, a legislative or regulatory process, the following features shall be taken into account: | |
| (a) the content of the message; | |
| (b) the sponsor of the message; | |
| (c) the language used to convey the message; | |
| (d) the audience targeted; | |
| (e) the context in which the message is conveyed, including the period of dissemination such as electoral or referendum periods; | |
| (f) whether the message is intended to influence the relevant electorate; | |
| (g) the objective of the message; |
Amendment 69
Proposal for a regulation
Article 3 a (new)
| Text proposed by the Commission | Amendment |
| Article 3a | |
| Exemption of micro-undertakings | |
| The obligations laid down in this Regulation shall not apply to micro-undertakings qualified under art. 3 (1) of Directive 2013/34/EU. |
Amendment 70
Proposal for a regulation
Article 4 – paragraph 1
| Text proposed by the Commission | Amendment |
| Political advertising services shall be provided in a transparent manner in accordance with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. | Political advertising services shall be diligently provided in a transparent and accessible manner in accordance with the obligations laid down in Articles 4a to 11 and 14 of this Regulation. |
Amendment 71
Proposal for a regulation
Article 4 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| Political advertising services shall be provided only to a sponsor or a service provider acting on behalf of a sponsor who is a citizen of the Union, or to a natural or legal person residing or established in the Union. |
Amendment 72
Proposal for a regulation
Article 4 a (new)
| Text proposed by the Commission | Amendment |
| Article 4a | |
| Accessibility | |
| Political advertising publishers shall ensure that political advertisements and the transparency information required pursuant to the obligations laid down in this Regulation are accessible to persons with disabilities by complying with the relevant accessibility requirements laid down in Annex I of Directive (EU) 2019/881. |
Amendment 73
Proposal for a regulation
Article 5 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Providers of advertising services shall request sponsors and providers of advertising services acting on behalf of sponsors to declare whether the advertising service they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(5). Sponsors and providers of advertising services acting on behalf of sponsors shall make such a declaration. | 1. Providers of political advertising services shall request sponsors and providers of political advertising services acting on behalf of sponsors to declare whether the advertising service they request constitutes a political advertising service within the meaning of Article 2(5). Sponsors and providers of advertising services acting on behalf or in the interests of sponsors shall make such a declaration. |
Amendment 74
Proposal for a regulation
Article 5 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| 2a. Where a declaration or information is manifestly erroneous, providers of political advertising services shall request the sponsors or the providers of political advertising services acting on behalf of sponsors to correct their declaration. Sponsors or providers of political advertising services acting on behalf of sponsors shall make such a correction in a complete and accurate manner and without undue delay. |
Amendment 75
Proposal for a regulation
Article 5 a (new)
| Text proposed by the Commission | Amendment |
| Article 5a | |
| Due Diligence | |
| Providers of political advertising services shall do their best efforts to ensure compliance with all the requirements established in this Regulation before a political advertisement is published and disseminated. |
Amendment 76
Proposal for a regulation
Article 6 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) the specific service or services provided in connection to the political advertising; | (b) the specific service or services that they provided in connection to the political advertising; |
Amendment 77
Proposal for a regulation
Article 6 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) where applicable, the identity of the sponsor and its contact details. | (d) the identity of the sponsor and its contact details and, where applicable, the identity and contact details of the natural or legal person ultimately controlling the sponsor. |
Amendment 78
Proposal for a regulation
Article 6 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be retained for a period of five years from the date of the last preparation, placement, publication or dissemination, as the case may be. | 2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be retained for a period of five years from the date of the last placement, publication or dissemination, as the case may be. |
Amendment 79
Proposal for a regulation
Article 6 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated to the political advertising publisher which will disseminate the political advertisement to enable political advertising publishers to comply with their obligations under this Regulation. That information shall be transmitted, in a timely and accurate manner in accordance with best practice and industry standards, by means of a standardised automated process where technically possible. | 3. Providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated to the political advertising publisher which will disseminate the political advertisement to enable political advertising publishers to comply with their obligations under this Regulation. That information shall be transmitted digitally, in a timely and accurate manner in accordance with best practice and industry standards, by means of a standardised automated process where technically possible. |
| Where the political advertising publisher is the only provider of political advertising services, the sponsor shall communicate the relevant information to the political advertising publisher. |
Amendment 80
Proposal for a regulation
Article 6 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. Where providers of political advertising services become aware that information which they have transmitted has been updated, they shall ensure that the updated information is communicated to the relevant political advertising publisher. |
Amendment 81
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
| In the context of the provision of political advertising services, each political advertisement shall be made available with the following information in a clear, salient and unambiguous way: | The political advertising publisher shall make available in each political advertisement the following information in a clear, salient, comprehensive, plain and unambiguous way: |
Amendment 82
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) a statement to the effect that it is a political advertisement; | (a) a clear and straightforward statement to the effect that it is a political advertisement; |
Amendment 83
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) the identity of the sponsor of the political advertisement and the entity ultimately controlling the sponsor; | (b) the identity of the sponsor of the political advertisement and, where applicable, of the natural or legal person ultimately controlling the sponsor; |
Amendment 84
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point c
| Text proposed by the Commission | Amendment |
| (c) a transparency notice to enable the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved. | (c) a transparency notice to enable the recipient of the political advertisement to understand the wider context of the political advertisement and its aims, or a clear indication of where it can be easily retrieved. |
Amendment 85
Proposal for a regulation
Article 7 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
| (a) the identity of the sponsor and contact details; | (a) the identity of the sponsor and, where applicable, of the natural or legal person ultimately controlling the sponsor, and their contact details including for legal persons their place of establishment; |
Amendment 86
Proposal for a regulation
Article 7 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
| (c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement, and of the political advertising campaign where relevant, and their sources; | (c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange for the placement, promotion, publication and dissemination of each relevant advertisement, and of the respective political advertising campaign where relevant, and their sources; |
Amendment 87
Proposal for a regulation
Article 7 – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
| (d) where applicable, an indication of elections or referendums with which the advertisement is linked; | (d) where applicable, an indication of elections or referendums with which the advertisement is linked, and the relevant electoral cycles; |
Amendment 88
Proposal for a regulation
Article 7 – paragraph 2 – point e
| Text proposed by the Commission | Amendment |
| (e) where applicable, links to online repositories of advertisements; | (e) where applicable, links to online repositories of advertisements where the advertisement is available; |
Amendment 89
Proposal for a regulation
Article 7 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement. | 3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete and accurate. If the political advertising publisher becomes aware by any means that this information is incomplete or inaccurate, it shall make reasonable efforts including, as relevant, by contacting the sponsor or the service providers concerned, to complete or correct the information. Until such information is corrected, the political advertising publisher shall not make the political advertisement available or shall remove it. The publisher shall inform the sponsor or the relevant service provider acting on behalf of the sponsor accordingly. |
Amendment 90
Proposal for a regulation
Article 7 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. When the sponsor or the providers of political advertising services become aware that the information transmitted to or published by the political advertising publisher is incomplete or inaccurate, they shall contact, without undue delay, the political advertising publisher concerned and, as relevant, shall transmit completed or corrected information to the political advertising publisher. |
Amendment 91
Proposal for a regulation
Article 7 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher with the political advertisement from its first publication until one year after its last publication. | 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain and straightforward language, and having due regard to accessibility requirements as laid out in Article 4. The information shall be published by the political advertising publisher with the political advertisement from its first publication until one year after its last publication. |
Amendment 92
Proposal for a regulation
Article 7 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2. | 6. Political advertising publishers which are very large online platforms and very large online search engines within the meaning of Article 33 of Regulation (EU) 2022/2065 [the DSA] shall ensure that the repositories that they make available pursuant to Article 39 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2, updated since the first publication of the advertisement and containing all versions of the advertisement. |
Amendment 93
Proposal for a regulation
Article 7 – paragraph 6 a (new)
| Text proposed by the Commission | Amendment |
| 6a. For political advertisements that are published over online platforms, political advertising publishers which are not very large online platforms and very large online search engines within the meaning of Article 33 of Regulation (EU) 2022/2065[Digital Services Act] shall make available the information referred to in paragraph 2 of this Article in a dedicated repository. | |
| The Commission shall adopt a delegated act in accordance with Article 19 in order to supplement this Regulation by setting out rules on the structure, organisation and functionalities of the repositories referred to in the first subparagraph. | |
| The Commission shall adopt such a delegated act [by day/month/year] on the basis of an impact assessment on the possible options to implement the requirement laid down therein. The obligation set out in the first subparagraph shall apply [X] months after the entry into force of the delegated act referred to in the second subparagraph. |
Amendment 94
Proposal for a regulation
Article 7 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Member States, including competent authorities, and the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this Article, taking into account the specific characteristics of the relevant service providers involved and the specific needs of micro, small and medium-sized enterprises, within the meaning of Article 3 of Directive 2013/34/EU. | 7. Member States, including competent authorities, and the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this Article, taking into account the specific characteristics of the relevant service providers involved and the specific needs of small and medium-sized enterprises, within the meaning of Article 3 of Directive 2013/34/EU. |
Amendment 95
Proposal for a regulation
Article 7 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding, modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where, in the light of technological developments, such an amendment is necessary for the wider context of the political advertisement and its aims to be understood. | deleted |
Amendment 96
Proposal for a regulation
Article 8 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Where they provide political advertising services, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and amplification techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements. | 1. Political advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for political advertising services, including on the use of targeting and ad delivery techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements. |
Amendment 97
Proposal for a regulation
Article 8 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Paragraph 1 shall not apply to undertakings qualifying under Article 3(3) of Directive 2013/34/EU. | 2. Paragraph 1 shall not apply to undertakings qualifying as small and medium-sized enterprises under Article 3 paragraphs 1 to 3 of Directive 2013/34/EU. |
Amendment 98
Proposal for a regulation
Article 9 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable individuals to notify them, free of charge, that a particular advertisement which they have published does not comply with this Regulation. | 1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable natural or legal persons to notify them, free of charge, that a particular advertisement which they have published does not comply with this Regulation. |
Amendment 99
Proposal for a regulation
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy to access, including from the transparency notice. | 2. Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy to access, including for people with disabilities, even from the transparency notice. |
Amendment 100
Proposal for a regulation
Article 9 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. The political advertising publisher shall inform individuals of the follow up given to the notification as referred to in paragraph 1. | 3. Political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. The political advertising publisher shall inform natural or legal persons of the follow up given to the notification as referred to in paragraph 1 within a reasonable period of time. |
Amendment 101
Proposal for a regulation
Article 9 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| 3a. Upon request from interested entities, the political advertising publisher shall inform them of the decisions related to the notification referred to in paragraph 1. |
Amendment 102
Proposal for a regulation
Article 9 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
| 4a. Political advertising publishers may suspend the processing of notifications submitted by natural or legal persons that frequently submit notifications that are manifestly unfounded. |
Amendment 103
Proposal for a regulation
Article 9 – paragraph 4 b (new)
| Text proposed by the Commission | Amendment |
| 4b. Where a political advertising publisher suspects a political advertisement to constitute disinformation, the competent national authorities should be informed. |
Amendment 104
Proposal for a regulation
Article 10 a (new)
| Text proposed by the Commission | Amendment |
| Article 10a | |
| Due Diligence for politicaladvertising services | |
| Providers of political advertising services shall do their best efforts to ensure compliance with all the requirements established in this Regulation before a political advertisement is published and disseminated. | |
| 1. Providers of political advertising services shall not be liable for the incorrect identification, referred to in Article 5, or incomplete or incorrect information, referred to in Articles 6 and 7, about each political advertisement, as long as they demonstrate that they have: | |
| (a) made best efforts to identify all instances of a political advertising, and | |
| (b) made best efforts to ensure the correctness and completeness of the information of all instances of a political advertising; and | |
| (c) upon receiving and examining a notice submitted according to Article 9, to stop making available the unlawful political advertisement, and made best efforts to prevent their future incorrect uploads in accordance with points (a) and (b). |
Amendment 105
Proposal for a regulation
Article 14 a (new)
| Text proposed by the Commission | Amendment |
| Article 14a | |
| Codes of conduct | |
| 1. The Member States, the supervisory authorities and the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this Regulation, taking account the cross border nature of providers of political advertising. | |
| 2. Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this Regulation. |
Amendment 106
Proposal for a regulation
Article 15 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. The supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 or Article 52 of Regulation (EU) 2018/1725 shall be competent to monitor the application of Article 12 of this Regulation in their respective field of competence. Article 58 of Regulation (EU) 2016/679 and Article 58 of Regulation (EU) 2018/1725 shall apply mutatis mutandis. Chapter VII of Regulation (EU) 2016/679 shall apply for activities covered by Article 12 of this Regulation. | 1. Without prejudice to Article 51 of Regulation (EU)2016/679 and Article 52 of Regulation (EU) 2018/1725, supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 or Article 52 of Regulation (EU) 2018/1725 shall be competent to monitor the application of Article 12 of this Regulation in their respective field of competence. Article 58 of Regulation (EU) 2016/679 and Article 58 of Regulation(EU) 2018/1725 shall apply mutatis mutandis. Chapter VII of Regulation (EU) 2016/679 shall apply for activities covered by Article 12 of this Regulation. |
Amendment 107
Proposal for a regulation
Article 15 – paragraph 5 – point c a (new)
| Text proposed by the Commission | Amendment |
| (ca) promote media and digital literacy programmes to foster the knowledge, skills and understanding that allow both, citizens and political advertising service providers, to engage effectively with the publication and dissemination of political advertising, and to ensure compliance with and the enforcement of this Regulation. |
Amendment 108
Proposal for a regulation
Article 15 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Member States shall ensure cooperation among competent authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. | 6. Member States shall ensure cooperation among competent authorities and supervisory authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules. |
Amendment 109
Proposal for a regulation
Article 15 – paragraph 7
| Text proposed by the Commission | Amendment |
| 7. Each Member State shall designate one competent authority as a contact point at Union level for the purposes of this Regulation. | 7. Each Member State shall designate one competent authority as a contact point at Union level for the purposes of this Regulation, and ensure good cooperation with other contact points and authorities at Union level. |
Amendment 110
Proposal for a regulation
Article 15 – paragraph 8 – point c
| Text proposed by the Commission | Amendment |
| (c) a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and within a timeframe proportionate to the urgency of the request provide a response communicating the information requested, or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested. | (c) a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and without undue delay provide a response communicating the information requested, or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested. |
Amendment 111
Proposal for a regulation
Article 15 – paragraph 9
| Text proposed by the Commission | Amendment |
| 9. Contact points shall meet periodically at Union level in the framework of the European Cooperation Network on Elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation. | 9. Contact points shall meet at least biannually at Union level in the framework of the European Cooperation Network on Elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation. |
Amendment 112
Proposal for a regulation
Article 16 – paragraph 3 – point a
| Text proposed by the Commission | Amendment |
| (a) the nature, gravity and duration of the infringement; | (a) the nature, gravity, recurrence and duration of the infringement; |
Amendment 113
Proposal for a regulation
Article 16 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Infringements of Article 7 shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election is being organised. | 4. Infringements of Article 7 shall be considered to be particularly serious where they concern digital political advertising published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election is being organised. |
Amendment 114
Proposal for a regulation
Article 16 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. If a service provider intentionally or negligently infringes the provisions of this regulation, for the same or linked political advertising, the total amount of the administrative fine shall be sufficiently adjustable in order to take into account all the relevant factors; the fact that the Regulation has been violated in multiple respects shall be reflected in the amount of the total fine, in compliance with the principle of proportionality. | 5. If a service provider intentionally or negligently continuously infringes the provisions of this regulation, for the same or linked political advertising, the total amount of the administrative fine shall be sufficiently adjustable in order to take into account all the relevant factors; the fact that the Regulation has been violated in multiple respects shall be reflected in the amount of the total fine, in compliance with the principle of proportionality. |
Amendment 115
Proposal for a regulation
Article 18 – paragraph 1
| Text proposed by the Commission | Amendment |
| Within two years after each election to the European Parliament and for the first time by 31 December 2026 at the latest, the Commission shall submit a report on the evaluation and review of this Regulation. This report shall assess the need for amendment to this Regulation. The report shall be made public. | Within a 12-month period following each election to the European Parliament and for the first time by 31 December 2025 at the latest, the Commission shall present an evaluation report on the applicability of this Regulation. This report shall assess the need for amendment to this Regulation. The report shall be made public. |
Amendment 116
Proposal for a regulation
Article 19
| Text proposed by the Commission | Amendment |
| Article 19 | deleted |
| Exercise of the delegation | |
| 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. | |
| 2. The power to adopt delegated acts referred to in Article 7(8) and Article 12(8) shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections]. | |
| 3. The delegation of power referred to in Article 7(8) and Article 12(8) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. | |
| 4. As soon as it adopts a delegated act, the Commission shall notify that act simultaneously to the European Parliament and to the Council. | |
| 5. A delegated act adopted pursuant to Article 7(8) or Article 12(8) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. |
Amendment 117
Proposal for a regulation
Annex I – point a
| Text proposed by the Commission | Amendment |
| (a) where the notice is not within the advertisement itself, an example/representation of the political advertisement or a link to it. | (a) where the notice is not within the advertisement itself, an example/representation of the digital political advertisement or a link to it. |
Amendment 118
Proposal for a regulation
Annex I – point b
| Text proposed by the Commission | Amendment |
| (b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is disseminated including their name, address, telephone number and electronic mail address, and whether they are a natural or legal entity. | (b) the identity and place of establishment of the sponsor on behalf of whom the digital political advertisement is disseminated including their name, address, telephone number and electronic mail address, and whether they are a natural or legal entity. |
Amendment 119
Proposal for a regulation
Annex I – point c
| Text proposed by the Commission | Amendment |
| (c) the period during which the political advertisement is disseminated and, where applicable and known to the publisher, the fact that the same advertisement has been disseminated in the past. | (c) the period during which the digital political advertisement is disseminated and, where applicable and known to the publisher, the fact that the same advertisement has been disseminated in the past. |
Amendment 120
Proposal for a regulation
Annex I – point d
| Text proposed by the Commission | Amendment |
| (d) any election with which the advertising is linked, if applicable. | (d) any electoral cycle, legislative or regulatory process with which the digital political advertising is linked, if applicable. |
Amendment 121
Proposal for a regulation
Annex I – point i
| Text proposed by the Commission | Amendment |
| (i) where the advertisement is linked to specific elections or referendums, links to official information about the modalities for participation in the election or referendum concerned. | (i) where the digital political advertisement is linked to specific elections or referendums, links to official information about the modalities for participation in the election or referendum concerned. |
OPINION OF THE COMMITTEE ON CONSTITUTIONAL AFFAIRS
for the Committee on the Internal Market and Consumer Protection
on the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising
(COM(2021)0731 – C90433/2021 – 2021/0381(COD))
Rapporteur for opinion: Daniel Freund
SHORT JUSTIFICATION
In the sensitive context of political advertising, the rapporteur for opinion believes that it is necessary to enhance transparency of the rules and clarify their scope while reinforcing safeguard mechanisms and reducing uncertainties with regard to compliance.
The draft report proposes a creation of a single European political advertisement repository, set up and managed by the Commission, of which the costs are covered by a fee that is proportionate to its use and to income generated from political advertising while exempting SMEs. This should both reduce compliance costs and enhance transparency of the market for the political advertising, including for researchers.
A majority of Member States have provisions allowing the candidates or parties to have free and proportionate access to traditional media during electoral campaigns. Given the shift to non-linear media such as social platforms, the rapporteur for opinion believes that during the elections to the European Parliament, very large online platforms should be required to display a limited amount of political ads free of charge. This should be based on the principle of equal access and give proportionate visibility to electoral entities duly registered for such elections.
The legislative text should also clarify the scope of activities which constitute political advertising – therefore both advertisement generated and promoted by the same actor as well as commercial advertising which is liable to have an impact in particular on regulatory, legislative and voting behaviour should qualify as political advertising and be subjected to regulation. On the other hand, it should be clarified that only those activities which aim exclusively at informing the citizens about the given election, should be exempted.
The complex context of political advertising requires further safeguards. In addition to general provisions in the Digital Services Act regarding risk assessment and mitigation, specific due diligence measures should therefore be reinforced. Similar consideration applies to data protection rules in particular as far as use of targeting and amplification techniques is concerned, but also with regard to tracking of the user’s interaction with political ads. It should also be clarified that the actors monitoring and ensuring compliance with those rules need to be provided with sufficient resources to discharge their duties efficiently.
AMENDMENTS
The Committee on Constitutional Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take into account the following amendments:
Amendment 1
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
| (4) The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature, and where it is targeted. Transparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, and how they are being targeted by an advertising service provider, so that voters are better placed to make informed choices. | (4) The need to ensure transparency is a legitimate public goal as also highlighted in the ‘Report on the final outcome of the Conference on the Future of Europe’ released on 9 May 2022, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’), which remain subject to rights recognised in particular in Article 16 TFEU and Article 8 of the Charter of Fundamental Rights of the European Union (‘Charter’) entitling everyone to the protection of personal data concerning them. It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency and due diligence is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature, and where it is targeted. Transparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, and how they are being targeted by an advertising service provider, so that voters are better placed to make informed choices. In implementing those transparency requirements, public authorities should at all times observe fundamental rights, including the freedom of expression of the institutional and societal political actors concerned. |
Amendment 2
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
| (5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way. | (5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as fairness, freedom of expression, protection of EU nationals living abroad, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way. |
Amendment 3
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national legislation are likely to exist in some Member States resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising. | (6) Political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services affecting directly the capacity to conduct cross-border and pan-European political campaigns. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes are likely to exist in the national legislation of some Member States, as well as in Union legislation, resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising. |
Amendment 4
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
| (9) In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross-border situations. This is particularly true for microenterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the preparation, placement, publication or dissemination of political advertising in more than one Member State. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi-medium and multi-national campaigns within the internal market. | (9) In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross-border situations. This is particularly true for microenterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the preparation, placement, publication or dissemination of political advertising in more than one Member State. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi-medium and multi-national campaigns within the internal market, and represents an obstacle to the creation of a true pan-European public sphere. |
Amendment 5
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
| (10) A consistent and high level of transparency of political advertising throughout the Union should therefore be ensured when political advertising services are provided, while divergences hampering the free circulation of related services within the internal market should be prevented, by laying down uniform transparency obligations for providers of political advertising services guaranteeing the uniform protection of rights of persons and supervision throughout the internal market based on Article 114 of the TFEU. | (10) A consistent and high level of transparency of political advertising throughout the Union should therefore be ensured when political advertising services are provided, while divergences hampering the free circulation of related services within the internal market should be prevented, by laying down uniform transparency and due diligence obligations for providers of political advertising services guaranteeing the uniform protection of rights of persons and supervision throughout the internal market based on Article 114 of the TFEU. Such obligations should also include a consistent set of due diligence requirements relevant to the context of political advertising. |
Amendment 6
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
| (11) Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency in political advertising. Full harmonisation of the transparency requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising. | (11) Member States should not maintain or introduce, in their national laws, provisions diverging from those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency and due diligence in political advertising. Full harmonisation of the transparency requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising. |
Amendment 7
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
| (14) The Regulation should provide for harmonised transparency requirement applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and amplification are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include advertising entirely prepared, placed or published by service providers established outside the Union but disseminated to individuals in the Union. To determine whether a political advertisement is directed to individuals in a Member State, account should be taken of factors linking it to that Member State, including language, context, objective of the advertisement and its means of dissemination. | (14) The Regulation should provide for harmonised transparency and due diligence requirements applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and amplification are based on Article 16 of the TFEU. Those transparency and due diligence requirements should apply without prejudice to Regulation (EU) 2016/679, but it should be possible to provide for stricter conditions and rules in this Regulation for the processing of personal data in the specific context of political advertising. Political advertising directed to individuals in a Member State includes advertising entirely prepared, placed or published by service providers established outside the Union but disseminated to individuals in the Union. To determine whether a political advertisement is directed to individuals in a Member State, account should be taken of factors linking it to that Member State, including language, context, objective of the advertisement and its means of dissemination. |
Amendment 8
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
| (15) There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and amplification. This definition should cover the many forms that political advertising can take and any means and mode of publication or dissemination within the Union, regardless of whether the source is located within the Union or in a third country. | (15) There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and amplification. This definition should cover the many forms that political advertising can take and any means and mode of publication or dissemination within the Union, regardless of whether the service provider or sponsor is established within the Union or in a third country. |
| . |
Amendment 9
Proposal for a regulation
Recital 16
| Text proposed by the Commission | Amendment |
| (16) The definition of political advertising should include advertising published or disseminated directly or indirectly by or published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature. | (16) The definition of political advertising should include advertising published, promoted or disseminated directly or indirectly by or published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature. |
Amendment 10
Proposal for a regulation
Recital 17
| Text proposed by the Commission | Amendment |
| (17) The publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour. | (17) The publication, promotion or dissemination by other actors, such as non-governmental organisations, associations or companies, of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour at local, national and Union level should also constitute political advertising. This should also apply in cases where political advertising publishers act as sponsors of a content they generate themselves or in case of commercial advertising that is liable to produce the same effect. Commercial advertising, although generally outside the scope of this Regulation, is also liable to affect the legislative or regulatory process or the voting behaviour of individuals in specific situations and should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the sponsor, the origin of the sponsor, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour. |
Amendment 11
Proposal for a regulation
Recital 17 a (new)
| Text proposed by the Commission | Amendment |
| (17a) Where commercial advertising may be designed and is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, this Regulation should apply. |
Amendment 12
Proposal for a regulation
Recital 18
| Text proposed by the Commission | Amendment |
| (18) Practical information from official sources regarding the organisation and modalities for participation in the elections or referendums should not constitute political advertising. | (18) Practical information from official sources regarding the organisation and modalities for participation in the elections or referendums should not constitute political advertising if that information only concerns the organisation of and participation in elections or referendums. |
Amendment 13
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
| (19) Political views expressed in the programmes of audiovisual linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation. | (19) The media contribute to the well-functioning of democratic processes and play an essential role in the freedom of expression and right to information, particularly during election periods. They provide a space for public debate and contribute to public opinion-forming. This Regulation should therefore not affect the media’s editorial freedom. Political views expressed in literary works in the programmes of audiovisual media, including linear and non-linear broadcasts, or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation. |
Amendment 14
Proposal for a regulation
Recital 26
| Text proposed by the Commission | Amendment |
| (26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the preparation, placement, promotion, publication and dissemination of political advertising. | (26) In order to cover the broad range of relevant service providers connected to political advertising services, the provider of political advertising services should be understood as any supplier involved in the preparation, placement, promotion, publication and dissemination of political advertising. The recipient of the political advertisement should be able to trace the whole chain of distribution of the message in order to discover the precise origin of the message, its author and the intermediaries through which it has passed. |
Amendment 15
Proposal for a regulation
Recital 29
| Text proposed by the Commission | Amendment |
| (29) The rules on transparency laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally provided against remuneration, which may include a benefit in kind. The transparency requirements should not apply to content uploaded by a user of an online intermediary service, such as an online platform, and disseminated by the online intermediary service without consideration for the placement, publication or dissemination for the specific message, unless the user has been remunerated by a third party for the political advertisement. | (29) The rules on transparency and due diligence laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally provided against remuneration, which may include a benefit in kind. The transparency requirements should not apply to content uploaded by a user of an online intermediary service, such as an online platform, and disseminated by the online intermediary service without consideration for the placement, publication or dissemination for the specific message, unless the user has been remunerated by a third party for the political advertisement. |
Amendment 16
Proposal for a regulation
Recital 30
| Text proposed by the Commission | Amendment |
| (30) The transparency requirements should also not apply to the sharing of information through electronic communication services such as electronic message services or telephone calls, as long as no political advertising service is involved. | (30) The transparency requirements should also not apply to the sharing of information through electronic communication services such as electronic message services or telephone calls, as long as no political advertising service is involved. Where a message is sent by or on behalf of a political actor, for example via the sending of electronic messages or the use of telephone calling techniques, such as voicemail, it should also be possible to apply transparency requirements. |
Amendment 17
Proposal for a regulation
Recital 34
| Text proposed by the Commission | Amendment |
| (34) In view of the importance of guaranteeing in particular the effectiveness of the transparency requirements including to ease their oversight, providers of political advertising services should ensure that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is provided to the political advertising publisher which brings the political advertisement to the public. In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should consider and support automating the transmission of information among providers of political advertising services. | (34) In view of the importance of guaranteeing in particular the effectiveness of the transparency and due diligence requirements including to ease their oversight, providers of political advertising services should ensure that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is provided to the political advertising publisher which brings the political advertisement to the public. In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should consider and support automating the transmission of information among providers of political advertising services. |
Amendment 18
Proposal for a regulation
Recital 39
| Text proposed by the Commission | Amendment |
| (39) This information should be provided in a transparency notice which should also include the identity of the sponsor, in order to support accountability in the political process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article 14, 15 and 19 of Regulation (EU) 2021/XXX [Digital Services Act]. | (39) This information should be provided in a transparency notice which should also include the identity of the sponsor, in order to support accountability in the political process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. During electoral or referendum periods, such a transparency notice should be made available as soon as the advertising is published or disseminated. Specific rules in that regard, in particular on due diligence requirements and availability of such a transparency notice, should apply to very large online platforms within the meaning of Regulation (EU) 2021/XXX [Digital Services Act]. Those very large online platforms should make the information included in the transparency notice available and update it, in real time and in a machine-readable format that permits analysis of data by all relevant industry players through the single European repository for transparency notices established by this Regulation. The transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article 14, 15 and 19 of Regulation (EU) 2021/XXX [Digital Services Act]. The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in order to define the rights and obligations of registered political entities and very large online platforms regarding the display of randomised political advertisements. |
Amendment 19
Proposal for a regulation
Recital 40
| Text proposed by the Commission | Amendment |
| (40) The information to be included in the transparency notice should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisement. The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or with the advertisement. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive 2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities. | (40) Political advertising publishers should ensure that each political advertisement contains a clear indication of where the transparency notice could be easily retrieved. The requirement that the information about the transparency notice is to be clearly visible means that it should feature prominently in the advertisement. In this respect, it should be possible to use, for example, a dedicated webpage link, a Quick Response code (or "QRcode"), or equivalent clear and user-friendly technical means. The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or with the advertisement. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive 2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities. |
Amendment 20
Proposal for a regulation
Recital 41 a (new)
| Text proposed by the Commission | Amendment |
| (41a) In order to ensure a harmonised approach to the publication of the transparency notices, increase overall transparency, further facilitate cross-border political advertising, and reduce the publication costs for the political advertising publishers, a single European repository for transparency notices should be developed, updated and maintained by the Commission, in broad consultation with relevant stakeholders, in particular with the European Cooperation Network on Elections. The repository should also include a list of all electoral periods, which would be communicated by the Member States, as well as a unified mechanism for reporting political advertisements in accordance with the procedure established in this Regulation. The costs for developing, updating and maintaining the repository should be covered by a fee based on a portion of the revenue generated by political advertisements to the benefit of political advertising publishers. In order to establish a fair level of contributions, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the scale of such contributions. |
Amendment 21
Proposal for a regulation
Recital 45
| Text proposed by the Commission | Amendment |
| (45) Political advertising publishers providing political advertising services should put in place mechanisms to enable individuals to report to them that a particular political advertisement which they have published does not comply with this Regulation. The mechanisms to report such advertisement should be easy to access and use, and should be adapted to the form of advertising distributed by the advertising publisher. As far as possible, these mechanisms should be accessible from the advertisement itself, for instance on the advertising publisher’s website. Political advertising publishers should be able to rely on existing mechanisms where appropriate . Where political advertising publishers are online hosting services providers within the meaning of the Digital Services Act, with regards to the political advertisements hosted at the request of the recipients of their services, the provisions of Article 14 of the Digital Services Act continue to apply for notifications concerning non-compliance of such advertisements with this Regulation. | (45) Political advertising publishers providing political advertising services should put in place mechanisms to enable individuals to report to them that a particular political advertisement which they have published does not comply with this Regulation. The mechanisms to report such advertisement should be easy to access and use, and should be adapted to the form of advertising distributed by the advertising publisher. As far as possible, these mechanisms should be accessible from the advertisement itself, for instance on the advertising publisher’s website. Political advertising publishers should be able to rely on existing mechanisms where appropriate. Where political advertising publishers are online hosting services providers within the meaning of the Digital Services Act, with regards to the political advertisements hosted at the request of the recipients of their services, the provisions of Article 14 of the Digital Services Act continue to apply for notifications concerning non-compliance of such advertisements with this Regulation. Due diligence mechanisms should be strengthened in particular in the context of elections or referendums, whereby the political advertising publishers should notify the relevant sponsors or service providers acting on their behalf of any such reporting, request feedback, and proceed to the correction or removal specific items within 48 hours. |
Amendment 22
Proposal for a regulation
Recital 49
| Text proposed by the Commission | Amendment |
| (49) In order to ensure enhanced transparency and accountability, when making use of targeting and amplification techniques in the context of political advertising involving the processing of personal data, controllers should implement additional safeguards. They should adopt and implement a policy describing the use of such techniques to target individuals or amplify their content and keep record of their relevant activities. When publishing, promoting or disseminating a political advertisement making use of targeting and amplification techniques, controllers should provide, together with the political advertisement, meaningful information to allow the concerned individual to understand the logic involved and main parameters of the targeting used, and the use of third-party data and additional analytical techniques, including whether the targeting of the advertisement was further optimised during delivery. | (49) In order to ensure enhanced transparency and accountability, when making use of targeting and amplification techniques in the context of political advertising involving the processing of personal data, controllers should implement additional safeguards. They should adopt, implement and publish a policy describing the use of such techniques to target individuals or amplify their content and keep a public record of their relevant activities. When publishing, promoting or disseminating a political advertisement making use of targeting and amplification techniques, controllers should provide, together with the political advertisement, meaningful information to allow the concerned individual to understand the logic involved and main parameters of the targeting used, and the use of third-party data and additional analytical techniques, including whether the targeting of the advertisement was further optimised during delivery. |
Amendment 23
Proposal for a regulation
Recital 55 a (new)
| Text proposed by the Commission | Amendment |
| (55a) Where a particular advertisement does not comply with this Regulation, mechanisms provided by the publisher should enable individuals to flag the advertisement concerned. Where those mechanisms are not available, individuals should be able to report such political advertisement directly to the competent authorities in accordance with this Regulation. |
Amendment 24
Proposal for a regulation
Recital 56
| Text proposed by the Commission | Amendment |
| (56) In the interest of the effective supervision of this Regulation, it is necessary to entrust oversight authorities with the competence to monitor and enforce the relevant rules. Depending on the legal system of each Member State and in line with existing Union law including Regulation (EU) 2016/679 and Regulation (EU) 2021/xxx [Digital Services Act], different national judicial or administrative authorities may be designated to that effect. | (56) In the interest of the effective supervision of this Regulation, it is necessary to entrust oversight authorities with the competence to monitor and enforce the relevant rules and endow those authorities with resources commensurate with such additional competences. Depending on the legal system of each Member State and in line with existing Union law including Regulation (EU) 2016/679 and Regulation (EU) 2021/xxx [Digital Services Act], different national judicial or administrative authorities may be designated to that effect. |
Amendment 25
Proposal for a regulation
Recital 58
| Text proposed by the Commission | Amendment |
| (58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States should designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council13 . | (58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States should designate competent authorities to monitor and enforce relevant rules and endow those authorities with resources commensurate with such tasks. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council13 . |
| __________________ | __________________ |
| 13 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive (OJ L 95, 15.4.2010, p. 1). | 13 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1). |
Amendment 26
Proposal for a regulation
Recital 62
| Text proposed by the Commission | Amendment |
| (62) Member States should designate a contact point at Union level for the purpose of this Regulation. The contact point should, if possible, be a member of the European Cooperation Network on Elections. The contact point should facilitate cooperation among competent authorities between Member States in their supervision and enforcement tasks, in particular by intermediating with the contact points in other Member States and with the competent authorities in their own. | (62) Member States should designate a contact point at Union level for the purpose of this Regulation. The contact point should be a member of the European Cooperation Network on Elections. The contact point should facilitate cooperation among competent authorities between Member States in their supervision and enforcement tasks, in particular by intermediating with the contact points in other Member States and with the competent authorities in their own. |
Amendment 27
Proposal for a regulation
Article 1 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used. | 2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated in one or more Member States or at Union level, or directed to individuals in one or more Member States or at Union level, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used. |
Amendment 28
Proposal for a regulation
Article 1 – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
| (b) to protect natural persons with regard to the processing of personal data. | (b) to protect natural persons with regard to the processing of personal data and their fundamental rights provided for in Union law, including those enshrined in the Charter. |
Amendment 29
Proposal for a regulation
Article 1 – paragraph 4 – point g a (new)
| Text proposed by the Commission | Amendment |
| (ga) Regulation (EU) 2016/679; |
Amendment 30
Proposal for a regulation
Article 1 – paragraph 4 – point g b (new)
| Text proposed by the Commission | Amendment |
| (gb) Regulation (EU) 2018/1725; |
Amendment 31
Proposal for a regulation
Article 2 – paragraph 1 – point 10
| Text proposed by the Commission | Amendment |
| 10. ‘relevant electorate’ means the body of individuals eligible to vote in the election or referendum being contested in the Member State in which a political advertisement circulates, which may be the entire electorate of a Member State; | 10. ‘relevant electorate’ means the body of individuals eligible to vote in the election or referendum being contested at the Union level or in a Member State in which a political advertisement circulates, which may be the entire electorate of the Union or of a Member State; |
Amendment 32
Proposal for a regulation
Article 2 – paragraph 2
| Text proposed by the Commission | Amendment |
| For the purposes of the first paragraph, point (2) messages from official sources regarding the organisation and modalities for participation in elections or referendums or for promoting participation in elections or referendums shall not constitute political advertising. | For the purposes of the first paragraph, point (2), messages from official sources that concern exclusively the organisation and modalities for participation in elections or referendums or for promoting participation in elections or referendums shall not constitute political advertising. |
Amendment 33
Proposal for a regulation
Chapter II – title
| Text proposed by the Commission | Amendment |
| TRANSPARENCY OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES | TRANSPARENCY AND DUE DILIGENCE OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES |
Amendment 34
Proposal for a regulation
Article 4 – title
| Text proposed by the Commission | Amendment |
| Transparency | Transparency and due diligence |
Amendment 35
Proposal for a regulation
Article 4 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| Political advertising services shall be available only to a sponsor, or to a service provider acting on behalf of a sponsor, who is a citizen of the Union, or to a natural or legal person residing or established in the Union. |
Amendment 36
Proposal for a regulation
Article 5 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service specify how the relevant provisions of this Regulation are complied with. | 2. Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service specify how the relevant provisions of this Regulation, including the provisions on due diligence, are complied with and allow them to fulfil effectively their due diligence obligations. Such arrangements shall in particular require providers of political advertising services acting on behalf of sponsors to provide the information referred to in Article 6(1), ensuring that it is accurate and complete, to update it regularly and to correct any information that is erroneous without undue delay. |
Amendment 37
Proposal for a regulation
Article 6 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) the political advertisement or political advertising campaign to which the service or services are connected; | (a) the political advertisement or political advertising campaign and, where applicable, the corresponding election or referendum to which the service or services are connected; |
Amendment 38
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
| Text proposed by the Commission | Amendment |
| (ba) information on the targeting techniques used in the provision of the service; |
Amendment 39
Proposal for a regulation
Article 6 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be retained for a period of five years from the date of the last preparation, placement, publication or dissemination, as the case may be. | 2. The information referred to in paragraph 1 shall be in writing and in electronic form. Such information shall be retained for a period of at least five years from the date of the last preparation, placement, publication or dissemination, as the case may be. |
Amendment 40
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) the identity of the sponsor of the political advertisement and the entity ultimately controlling the sponsor; | (b) the identity of the sponsor of the political advertisement including, where appropriate, in the case of European or national parties, the logo of the corresponding European political entity, and the entity ultimately controlling the sponsor; |
Amendment 41
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point c
| Text proposed by the Commission | Amendment |
| (c) a transparency notice to enable the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved. | (c) a transparency notice to enable the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved online. |
Amendment 42
Proposal for a regulation
Article 7 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
| (a) the identity of the sponsor and contact details; | (a) the identity of the sponsor; |
Amendment 43
Proposal for a regulation
Article 7 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
| (c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement, and of the political advertising campaign where relevant, and their sources; | (c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of each relevant advertisement, and of the political advertising campaign where relevant, and their sources; |
Amendment 44
Proposal for a regulation
Article 7 – paragraph 2 – point e a (new)
| Text proposed by the Commission | Amendment |
| (ea) where applicable, all criteria of targeting and amplification techniques that are used; |
Amendment 45
Proposal for a regulation
Article 7 – paragraph 2 – point e b (new)
| Text proposed by the Commission | Amendment |
| (eb) where applicable, the number of views and engagements; |
Amendment 46
Proposal for a regulation
Article 7 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2. | 6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the information referred to in paragraph 2 is made available for each political advertisement in the single European political advertising repository. |
Amendment 47
Proposal for a regulation
Article 7 a (new)
| Text proposed by the Commission | Amendment |
| Article 7a | |
| Single European political advertising repository | |
| 1. A single European political advertising repository, comprising all political advertisements, irrespective of the electoral periods, shall be created, developed, updated and maintained by the Commission in order to publish the transparency notices in accordance with Article 6. | |
| 2. That repository shall include a list of the campaigns and electoral periods communicated by the Member States in accordance with Article 17. It shall allow, where applicable, each transparency notice to be directly linked to each relevant election, referendum or campaign as well as the possibility to systematically download transparency notices in form of a user-friendly data set. |
Amendment 48
Proposal for a regulation
Article 9 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable individuals to notify them, free of charge, that a particular advertisement which they have published does not comply with this Regulation. | 1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable individuals to notify them, free of charge and anonymously, that a particular advertisement which they have published does not comply with this Regulation. |
Amendment 49
Proposal for a regulation
Article 9 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
| 4a. Where the mechanisms stipulated in paragraph 1 are not available, the competent authorities of the Member States shall enable individuals to notify them, directly and free of charge, that a particular advertisement does not comply with this Regulation. Member States shall designate a single authority competent to receive and process such notifications. |
Amendment 50
Proposal for a regulation
Article 11 – paragraph 5
| Text proposed by the Commission | Amendment |
| 5. Where requests pursuant to paragraph 1 are manifestly unfounded, unclear or excessive, in particular because of their lack of clarity, the service provider may refuse to respond. In this case, the relevant service provider shall send a reasoned response to the interested entity making the request. | 5. Where requests pursuant to paragraph 1 are manifestly unfounded, unclear or excessive, in particular because of their lack of clarity, or where those requests are repeated, the service provider may refuse to respond. In this case, the relevant service provider shall send a reasoned response to the interested entity making the request. |
Amendment 51
Proposal for a regulation
Article 11 a (new)
| Text proposed by the Commission | Amendment |
| Article 11a | |
| Publication of a randomised set of standardised political advertisements of political entities by very large online platforms during the elections to the European Parliament | |
| 1. Very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/XXXX [the DSA] that engage in providing political advertising services in the context of the elections to the European Parliament, shall display randomised political advertisements in a dedicated, immediately visible and easily accessible section, in accordance with the principle of equal access. This service shall be provided at a fee not exceeding the cost incurred by the providers. | |
| 2. The political advertisements referred to in this Article shall be submitted by registered political entities in a standardised format, defined by each very large online platform in accordance with specific criteria based on their rules for the display of political advertisements, and shall include a reference to the transparency notice in accordance with the criteria established in Article 11 as well as statistics on the amount of submissions referred to in paragraph 1 together with the corresponding political advertisement that each submission refers to . Such advertisements shall be stored in the single European political advertising repository established by Article 7a. | |
| 3. Only registered political entities complying with the rules for registration for the elections to the European Parliament in their respective constituency and European political parties, as defined in Regulation (EU, Euratom) No 1141/2014, shall be entitled to submit the political advertisements referred to in this Article to the relevant very large online platforms. | |
| 4. Targeting criteria used in this context by very large online platforms shall be limited to the criteria that are strictly necessary to identify users with their potential electoral constituency and shall include only the place of residence and the language. | |
| 5. Other targeting or amplification techniques in the context of the publication of a randomised set of standardised political advertisements of political entities shall be prohibited. | |
| 6. The political advertisements referred to in this Article may only be displayed during the 15 days preceding the elections. | |
| 7. The online platforms shall not collect any data concerning the users to whom the political advertisements referred to in this Article are displayed or users’ engagement with such ads. | |
| 8. A reasonable minimum visibility shall be ensured for each registered political entity. Electoral entities may be given more visibility depending on their results in the last and penultimate elections to the European Parliament and their representation at Union, national, regional and local levels. The ratio in visibility between the registered political entities must not be higher than 1:5. | |
| 9. The Commission shall adopt delegated acts in accordance with Article 19 supplementing this Regulation by defining the rights and obligations of registered political entities and very large online platforms regarding the implementation of this Article on the display of randomised political advertisements. |
Amendment 52
Proposal for a regulation
Article 13 a (new)
| Text proposed by the Commission | Amendment |
| Article 13a | |
| Risk assessment, mitigation measures and independent audit | |
| 1. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2022/xxx [the DSA], shall identify, from the date of application of this Regulation referred to in Article 20(2), and at least once a year, any significant systemic risks stemming from their internal policies regarding political advertising, including the use of targeting and amplification techniques. This risk assessment shall be specific to the services they provide and cover the following risks: | |
| (a) the risk of verification systems in place for the identification of genuine sponsors and providers of advertising services acting on behalf of sponsors placing or issuing political advertisements; | |
| (b) risks of both misinformation and disinformation, including prohibited manipulative behaviours and practices, risks of foreign information manipulation and interference across their services, that are liable to impact the integrity of electoral processes; | |
| (c) risks related to the creation and use of accounts that participate in coordinated inauthentic behaviour and user conduct aimed at artificially amplifying the reach of or perceived public support for disinformation ; | |
| (d) risks for the exercise of the fundamental rights to respect for private and family life, the protection of personal data, freedom of expression and information and prohibition of any discrimination as enshrined in Articles 7, 8, 11, and 21 of the Charter, respectively; | |
| 2. Very large online platforms shall put reasonable, proportionate and effective mitigation measures in place, tailored to the specific systemic risks identified pursuant to paragraph 1. Such measures, in addition to those listed in Article 27 of Regulation (EU) 2022/xxx [the DSA] may include, where applicable, reinforcement of their due diligence processes with regard to advertising published or disseminated in particular during the election periods, in order to ensure that any misleading or erroneous information in the transparency notices is promptly and fully corrected or the publication or dissemination of the concerned political advertisement is suspended. | |
| 3. Very large online platforms shall be subject, at their own expense and at least once a year, to audits to assess compliance with the obligations stemming from paragraphs 1 and 2. Article 28(2), (3) and (4) of Regulation (EU) 2022/xxx [the DSA] shall apply to the characteristics of the organisations performing the audit, the structure of the report and the implementation of the recommendations contained therein. |
Amendment 53
Proposal for a regulation
Article 14 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. Service providers that provide political advertising services in the Union but do not have an establishment in the Union shall designate, in writing, a natural or legal person as their legal representative in one of the Member States where the provider offers its services. | 1. Service providers that provide political advertising services in the Union but do not have an establishment in the Union shall designate, in writing, a natural or legal person as their legal representative in one of the Member States where the provider offers its services. They shall transmit the identity and contact details of their legal representative to the European Cooperation Network on Elections. Member States shall keep publicly available registers of all legal representatives registered on their territory under this Regulation. |
Amendment 54
Proposal for a regulation
Article 15 – paragraph 7 a (new)
| Text proposed by the Commission | Amendment |
| 7a. The contact point shall prepare an inventory and post-election analysis of political advertisements made during the election period. The publication of these elements shall be made within six months after the election date. |
Amendment 55
Proposal for a regulation
Article 17 – paragraph 1
| Text proposed by the Commission | Amendment |
| Member States shall publish the dates of their national electoral periods in an easily accessible place, with an appropriate reference to this Regulation. | Member States shall publish the dates of their national electoral periods in an easily accessible place, with an appropriate reference to this Regulation. They shall transmit such information to the Commission, which shall publish it in the single European political advertising repository. |
Amendment 56
Proposal for a regulation
Article 19 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The power to adopt delegated acts referred to in Article 7(8) and Article 12(8) shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections]. | 2. The power to adopt delegated acts referred to in Article 7(8), Article 7a(5), 11a(9), and Article 12(8) shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections]. |
ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the opinion, until the adoption thereof in committee:
| Entity and/or person |
| Transparency International Liaison Office to the European Union ( TR 501222919-71) |
| Meta Platforms Ireland Limited and its subsidiaries (TR 28666427835-74) |