Brussels, 6 November 2023
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More information about adverts for citizens, authorities and journalists
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Profiling using special categories of personal data would be banned
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Ban on non-EU based entities financing political advertisements in the EU
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Dedicated database to scrutinise political advertisements
On Monday evening, EU co-legislators reached a provisional deal on new rules to make election and referenda campaigns more transparent and resistant to interference.
The new rules will regulate political advertisements, notably online ads, while also providing for a framework for political actors to advertise more easily across the EU.
Commenting after the deal was struck between Parliament and Spanish Presidency negotiators, lead MEP Sandro Gozi (Renew, FR) said: “This is a major step in protecting our elections and achieving digital sovereignty in the EU. Citizens will be able to easily spot political advertising online and who stands behind it. The new rules will make it harder for foreign actors to spread disinformation and interfere in our free and democratic processes. We also secured a favourable environment for transnational campaigning in time for the next European Parliament elections”.
Greater transparency and accountability
Political advertising will have to be clearly labelled. Under the new rules, it will be easier for citizens, authorities and journalists to obtain information on who is financing an advert, their place of establishment, the amount paid, and the origin of the financing, among other details.
On Parliament’s insistence, 24 months after the rules enter into force, a publicly accessible repository will be set up by the Commission containing all online political advertisements and related information, for up to seven years.
Tackling foreign interference
To limit non-EU sponsors from interfering in European democratic processes, MEPs managed to include a ban on third country entities from sponsoring political advertising in the EU in the three-month period before an election or referendum.
Regulating targeting strategies
Under the agreement, only the personal data explicitly provided for the purpose of online political advertising and collected from the subject can be used by providers to target users. Political advertisements based on profiling using special categories of personal data (e.g. ethnicity, religion, sexual orientation) would also be prohibited. Parliament introduced other provisions to further regulate targeting, such as a ban on using minors’ data.
Internal communications, such as newsletters from political parties, foundations or other non-profit bodies to their members, are not considered political advertising and will not be subject to additional privacy rules.
Protecting freedom of expression
The agreed rules only concern remunerated political advertisements. Personal views, political opinions, such as any unsponsored journalistic content, or communications on the organisation of elections (e.g. announcements of candidates or promoting participation) by official national or EU sources are not impacted.
Sanctions for infringements
The agreed text introduces the potential for periodic penalties to be levied for repeated violations. In line with the Digital Services Act, sanctions can go up to 6% of the annual income or turnover of an ad provider.
Next steps
Council and Parliament still need to formally adopt the agreement before the rules enter into force. The rules will apply 18 months after the entry into force, while the measures on the non-discriminatory provision of cross-border political advertising (including for European political parties and political groups) will already apply for the European Parliament elections in 2024.
Background
As political advertising has shifted largely online, existing national rules for regulating political advertising and preventing abuses have proven themselves to be no longer fit for purpose. Moreover, several member states have legislated or intend to legislate in this area, increasing the fragmentation of regimes across the EU, with detrimental effects for voters and advertisers.
Transparency and targeting of political advertising: EU co-legislators strike deal on new regulation
7 November 2023, 00:14
The Council presidency and European Parliament negotiators have reached a provisional agreement on the main political elements of a new regulation on the transparency and targeting of political advertising.
The regulation has been drawn up amid concerns about the dangers posed by information manipulation and foreign interference in elections. It aims to make it easy for citizens to recognise political advertisements, understand who is behind them and know whether they have received a targeted advertisement, so that they are better placed to make informed choices.
It will support an open and fair political debate in member states, based on objective, transparent and pluralistic information, and ensure that political advertising takes place in full respect of fundamental rights, including the right to privacy.
Scope of the new rules
Under the provisional agreement, political advertising is defined as the preparation, placement, promotion, publication, delivery or dissemination of messages:
- by, for or on behalf of political actors, unless they are of a purely private or a purely commercial nature; or
- which are liable and designed to influence voting behaviour or the outcome of an election, referendum, or a legislative or regulatory process, at EU, national, regional or local level
The new regulation will cover political advertising that is normally provided for remuneration, but also political advertising through in-house activities, such as the preparation of political advertisements within political parties, and as part of a political advertising campaign.
At the same time, the rules make it clear that political views and other content under editorial responsibility and also views expressed in a personal capacity are not captured by the regulation.
Rules on targeting and ad delivery
The provisionally agreed rules also place strict limits on the use of targeting and ad delivery techniques.
The use of personal data for targeting political advertising online will be permitted only if the data was collected from the data subject, who has given explicit and separate consent for its use for political advertising.
In addition, there will be a blanket ban on profiling using special categories of personal data, such as data revealing racial or ethnic origin or political opinions.
Other provisions
To prevent foreign interference, the EU co-legislators have also agreed to ban the provision of advertising services to third country sponsors three months before an election or referendum, whilst safeguarding stricter national rules where relevant.
They have provided that the Commission should set up a European public repository for online political advertisements to bring together and make publicly available information on all online advertisements and their transparency notices.
The EU co-legislators have also agreed that the new rules will apply 18 months after their entry into force. However, the definitions and the so-called non-discrimination clause, which stipulates that services cannot be restricted solely based on place of residence or establishment of the sponsor of political advertising, will apply in time for the EP elections.
Next steps
Work will continue at technical level in the coming weeks to finalise the details of the new regulation.
Once this work has been concluded, the full agreement will need to be confirmed by both institutions in their entirety and undergo legal-linguistic revision before formal adoption.
Source – EU Council