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DRAFT OPINION (COM2021/0731 – C90433/2021 – 2021/0381(COD))

On the proposal for a regulation of the European Parliament and of the Council Transparency and targeting of political advertising

JURI-PA-735590

Committee on Legal Affairs · Rapporteur: Angelika Niebler

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The Committee on Legal Affairs gives its draft opinion on the proposed regulation on transparency and targeting of political advertising, calling on the Internal Market Committee to take its amendments into account. The amendments narrow the regulation to digital political advertising in European and national election campaigns, excluding regional and local elections and editorial content. They require sponsors or their controlling entities to have a business seat in the EU, and set transparency duties for providers and publishers, including a one-year retention of transparency notices. They list permitted targeting and amplification methods, subject to the General Data Protection Regulation, and delete the Commission's delegated powers over transparency notices and targeting information.

Committee position. The Committee on Legal Affairs proposes amendments to the Commission proposal, narrowing it to digital political advertising in European and national elections, adding an EU business seat requirement for sponsors, listing permitted targeting methods, and deleting the Commission's delegated powers.

Key points

  1. Democracy is a core European value; an open culture of political debate and active citizen participation are integral to it, and restrictions on political advertising must be strictly justified and proportionate.
  2. The regulation should apply only to digital political advertising, because disinformation campaigns spread via social media and online platforms, and only to European and national elections.
  3. Political advertisement services should only be provided if the sponsor or the entity ultimately controlling the sponsor has a business seat within the EU.
  4. Editorial content published without direct payment or other remuneration should not be considered political advertising and is excluded from the regulation's scope.
  5. Political actors include unelected and elected officials, candidates and members of government at European and national level, and NGOs supporting political parties in campaigning.
  6. Sponsors and providers acting on their behalf must transmit relevant information in good faith, timely, completely and accurately, and correct manifestly erroneous declarations without undue delay.
  7. Publishers must label each political advertisement, identify the sponsor, and publish information on the wider context and aims, with transparency notices retained for one year after the last publication.
  8. Publishers using online targeting or amplification must disclose the logic and main parameters of the technique, third-party data and analytical techniques used, and a link to the controller's policy.
  9. Permitted targeting and amplification methods include processing personal data under the General Data Protection Regulation to reach primary voters, socio-demographic cohorts, party members and former members, and groups defined by age, gender, language, profession, location and interests.
  10. The Commission's delegated powers to amend the lists of information for transparency notices and targeting information are deleted.
  11. Infringements of the transparency article during an electoral period are particularly serious, and fines for continuous or multiple infringements must be adjustable and proportionate.
  12. The regulation does not affect Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, and data privacy rules must be respected at all times.

Who is affected

  • Providers of digital political advertising services, who must comply with transparency obligations and information transmission duties.
  • Sponsors of digital political advertising, who must declare the nature of the service and correct erroneous declarations.
  • Political advertising publishers, who must label advertisements and publish transparency notices.
  • Political actors, including officials, candidates and NGOs supporting parties in campaigning.
  • Press publishers and audiovisual, online or printed media service providers, whose editorial content is excluded from the scope.

Figures and deadlines

  • Transparency notice information must be retained for a period of one year after the last publication.

Legal basis: Article 114 TFEU