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Summaries of EU Legislation

Transparency and targeting of political advertising

SUMMARY OF:

Regulation (EU) 2024/900 on the transparency and targeting of political advertising

WHAT IS THE AIM OF THE REGULATION?

Regulation (EU) 2024/900 aims to contribute to the proper functioning of the internal market for political advertising and to support open and fair political debate. The regulation addresses the concerns related to information manipulation and foreign interference in elections, along with the processing of personal data for political advertising purposes.

KEY POINTS

Objectives

  • The regulation is designed to ensure European Union (EU) citizens are better placed to make informed choices in elections by:
    • making it easier for them to recognise political advertisements;
    • helping them understand who is behind them;
    • allowing them to know whether they have received a targeted advertisement.
  • It will also ensure that political advertising respects the right to the protection of personal data and will protect freedom of opinion and freedom of speech, as provided for under the EU’s Charter of Fundamental Rights.

The regulation builds on existing EU law, particularly Regulation (EU) 2016/679 (the general data protection regulation) (see summary) and Regulation (EU) 2022/2065 (the Digital Services Act) (see summary).

Scope

  • The rules cover the transparency and targeting of political advertising by, for or on behalf of a political actor. They also cover any such advertising that is liable and designed to influence the outcome of an election or referendum, voting behaviour or a legislative or regulatory process. These rules are applicable at the EU, national, regional and local levels.
  • The obligations do not affect the content of political advertisements nor other aspects of political advertising, such as the conduct of political campaigns, which are governed by national rules.
  • Content under editorial responsibility and views expressed in a personal capacity are not covered.

Main elements

  • Political advertising must be clearly labelled as such and include information on who paid for it, to which election, referendum, legislative or regulatory process it is linked and whether targeting or ad-delivery techniques have been used.
  • Additional information providing a wider context for the political advertisement, such as information on the aggregated amounts or their origin, is provided in the transparency notice that must be included in each political advertisement or be easily retrievable from it.
  • Targeting or ad delivery of political advertising online is only permitted under strict conditions:
    • the data have to be collected from the data subject;
    • the data can be used only if the data subject has given explicit and separate consent for their use for political advertising;
    • the personal data of minors cannot be used;
    • special categories of personal data, such as data revealing racial or ethnic origin or political opinions, cannot be used for profiling;
    • the use of personal data pertaining to a data subject who is at least 1 year under the voting age established by national rules is prohibited.
  • All online adverts will be available in an online European repository.
  • A ban is imposed on political advertising coming from sponsors from outside the EU in the 3 months leading up to an election or referendum.

FROM WHEN DOES THE REGULATION APPLY?

With certain exceptions, the regulation will apply from .

BACKGROUND

For further information, see:

MAIN DOCUMENT

Regulation (EU) 2024/900 of the European Parliament and of the Council of on the transparency and targeting of political advertising (OJ L, 2024/900, ).

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