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

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

LIBE-PA-734324

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Anna Júlia Donáth

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The Committee on Civil Liberties, Justice and Home Affairs proposes amendments to the proposed regulation on transparency and targeting of political advertising. It widens the scope to cover sponsored advertising and adds definitions for provided, observed and inferred data and ad delivery techniques. It bans ad delivery techniques using personal data and targeting using observed or inferred data, and restricts targeting with provided data to gender, age, location and language. It requires publishers to display transparency notices in real time, keep them for 15 years, and share them with a new European library for political advertisements. It sets deadlines for handling notifications of unlawful advertising and creates trusted flaggers awarded by a European Electoral Authority.

Committee position. The committee calls on the Committee on the Internal Market and Consumer Protection to take into account its amendments, which widen the scope, ban certain targeting and delivery techniques, strengthen transparency and create a European library for political advertisements.

Key points

  1. The regulation would apply to political advertising sponsored, prepared, placed, promoted, published or disseminated in the Union, regardless of the provider's establishment.
  2. Political content under a service provider's editorial responsibility, without third-party remuneration, would not be considered political advertising.
  3. The regulation would aim to protect fundamental rights, uphold Union values and guarantee citizens' democratic rights in a transparent environment.
  4. It would not diminish the protection offered by the right to private life and data protection under the Charter and Union law.
  5. New definitions would cover provided, observed and inferred data, ad delivery techniques, and sponsors as ultimately responsible for advertising content.
  6. Political advertising services would be provided only to a sponsor or provider acting for a sponsor who is a Union citizen or resident or established in the Union.
  7. Publishers would have to display transparency notices in real time, including on targeting and data used, and keep them for 15 years.
  8. Very large online platforms would have to include all versions of advertisements in their repositories without undue delay.
  9. The Commission would establish a European library for political advertisements to host and make publicly available information on advertisements on other online platforms.
  10. Ad delivery techniques using provided, observed or inferred personal data would be prohibited, and targeting with observed or inferred data would be banned.
  11. Targeting with provided data would be restricted to gender, age, location and languages, and targeting minors would be prohibited.
  12. Publishers would have to examine notifications of unlawful advertising within 5 days, or 24 hours before an election or referendum.

Who is affected

  • Providers of political advertising services, who must comply with transparency, due diligence and data processing rules.
  • Political advertising publishers, who must display real-time transparency notices and handle notifications within deadlines.
  • Sponsors of political advertisements, who share joint liability with publishers for transparency obligations.
  • Very large online platforms, which must include all advertisement versions in their repositories without undue delay.
  • Minors, who would be protected from targeting techniques using their provided personal data.

Figures and deadlines

  • 15 years, the retention period for information on political advertising services.
  • 15 years, the retention period for transparency notices.
  • 5 days, the deadline for publishers to examine and address notifications of unlawful advertising.
  • 24 hours, the deadline for publishers to examine and address notifications 30 days prior to an election or referendum.
  • One year after last publication, the period for which transparency notices must be published with the advertisement.