What changed between the adopted text of 2 Feb 2023 and the adopted text of 27 Feb 2024

Removed:Recital 6: (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.

Removed:Recital 8: (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.

Removed:Recital 9: (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.

Removed:Recital 10: (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.

Removed:Recital 11: (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.

Removed:Recital 13: (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.

Removed:Recital 13 a (new): (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.

Removed:Recital 14: (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.

Removed:Recital 14 a (new): (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.

Added:P9_TC1-COD(2021)0381

Removed:Recital 14 b (new): (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.

Added:Position of the European Parliament adopted at first reading on 27 February 2024 with a view to the adoption of Regulation (EU) 2024/… of the European Parliament and of the Council on the transparency and targeting of political advertising

Removed:Recital 14 c (new): (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…

Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2024/900.)

Removed:Recital 15: (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.

Removed:Recital 16: (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, suc…

Removed:Recital 17: (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.

Removed:Recital 17 a (new): (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.

Removed:Recital 17 b (new): (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.

Removed:Recital 17 c (new): (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.

Removed:Recital 18: (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.

Removed:Recital 19: (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.

Removed:Recital 19 a (new): (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.

Removed:Recital 21: (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.

Removed:Recital 24: (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.

Removed:Recital 25: (25) The definition of political advertising should not affect national definitions of political party, political aims or political campaign periods at national level.

Removed:Recital 26: (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.

Removed:Recital 26 a (new): (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.

Removed:Recital 26 b (new): (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.

Removed:Recital 26 c (new): (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.

Removed:Recital 27: (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.

Removed:Recital 28: (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.

Removed:Recital 28 a (new): (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.

Removed:Recital 28 b (new): (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.

Removed:Recital 28 c (new): (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.

Removed:Recital 28 d (new): (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.

Removed:Recital 29: (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.

Removed:Recital 30: (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.

Removed:Recital 31: (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.

Removed:Recital 31 a (new): (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.

Removed:Recital 32: (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.

Removed:Recital 33: (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.

Removed:Recital 34: (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.

Removed:Recital 36: (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.

Removed:Recital 37: (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.

Removed:Recital 38: (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.

Removed:Recital 39: (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 i…

Removed:Recital 40: (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.

Removed:Recital 41: (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.

Removed:Recital 42: (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.

Removed:Recital 42 a (new): (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.

Removed:Recital 42 b (new): (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).

Removed:Recital 42 c (new): (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.

Removed:Recital 44: (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.

Removed:Recital 45: (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 s…

Removed:Recital 45 a (new): (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.

Removed:Recital 45 b (new): (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).

Removed:Recital 45 c (new): (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.

Removed:Recital 45 d (new): (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.

Removed:Recital 46: (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.

Removed:Recital 47: (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, t…

Removed:Recital 47 a (new): (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.

Removed:Recital 47 b (new): (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.

Removed:Recital 47 c (new): (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.

Removed:Recital 47 d (new): (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.

Removed:Recital 47 e (new): (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.

Removed:Recital 47 f (new): (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.

Removed:Recital 47 g (new): (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.

Removed:Recital 47 h (new): (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.

Removed:Recital 47 i (new): (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.

Removed:Recital 47 j (new): (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.

Removed:Recital 47 k (new): (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.

Removed:Recital 47 l (new): (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.

Removed:Recital 48: deleted

Removed:Recital 49: (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.

Removed:Recital 50: (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.

Removed:Recital 51: (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.

Removed:Recital 52: (52) The Commission should draw up guidelines to support the exercise of data subjects’ rights in this context.

Removed:Recital 53: (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.

Removed:Recital 54: (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.

Removed:Recital 55: (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.

Removed:Recital 56: (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.

Removed:Recital 57: (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).

Removed:Recital 58: (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.

Removed:Recital 58 a (new): (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.

Removed:Recital 59: (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.

Removed:Recital 60: (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.

Removed:Recital 60 a (new): (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.

Removed:Recital 61: (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 a…

Removed:Recital 62: (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.

Removed:Recital 63: (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.

Removed:Recital 63 a (new): (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.

Removed:Recital 65: (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.

Removed:Recital 67: (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.

Removed:Recital 68 a (new): (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.

Removed:Recital 70: (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.

Removed:Recital 71: (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.

Removed:Article 1 – paragraph 1 – introductory part: 1. This Regulation lays down harmonised rules on:

Removed:Article 1 – paragraph 1 – point a: (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;

Removed:Article 1 – paragraph 1 – point b: (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;

Removed:Article 1 – paragraph 1 – point b a (new): (ba) the supervision and enforcement of this Regulation, including as regards the cooperation and coordination between the competent authorities.

Removed:Article 1 – paragraph 2: 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.

Removed:Article 1 – paragraph 2 a (new): 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.

Removed:Article 1 – paragraph 3 – point a: (a) to contribute to the harmonisation and proper functioning of a transparent, safe, predictable and trusted internal market for political advertising and related services;

Removed:Article 1 – paragraph 3 – point b: (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.

Removed:Article 1 – paragraph 4 – point b: (b) Directive 2002/58/EC;

Removed:Article 1 – paragraph 4 – point f: (f) Directive 2010/13/EU;

Removed:1

Removed:Article 1 – paragraph 4 – point i: (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;

Removed:Article 1 – paragraph 4 – point i a (new): (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.

Removed:Article 1 – paragraph 4 a (new): 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.

Removed:Article 1 – paragraph 4 b (new): 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.

Removed:Article 2 – paragraph 1 – point 2 – introductory part: 2. ‘political advertising’ means the preparation, placement, promotion, publication, delivery or dissemination, by any means, of a message:

Removed:Article 2 – paragraph 1 – point 2 – point b: (b) which is liable to influence voting behaviour or the outcome of an election, referendum, or a legislative or regulatory process.

Removed:Article 2 – paragraph 1 – point 4 – point d: (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;

Removed:Article 2 – paragraph 1 – point 4 – point e: deleted

Removed:Article 2 – paragraph 1 – point 4 – point f: (f) an unelected member of government at Union, national, regional or local level;

Removed:Article 2 – paragraph 1 – point 4 – point g: (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;

Removed:Article 2 – paragraph 1 – point 4 – point h: (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.

Removed:Article 2 – paragraph 1 – point 5: 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;

Removed:Article 2 – paragraph 1 – point 5 a (new): 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;

Removed:Article 2 – paragraph 1 – point 6: 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;

Removed:Article 2 – paragraph 1 – point 6 a (new): 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);

Removed:Article 2 – paragraph 1 – point 6 b (new): 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);

Removed:Article 2 – paragraph 1 – point 7: 7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, promoted, published, delivered or disseminated;

Removed:Article 2 – paragraph 1 – point 8: 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;

Removed:Article 2 – paragraph 1 – point 8 a (new): 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;

Removed:Article 2 – paragraph 1 – point 9: 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;

Removed:Article 2 – paragraph 1 – point 11: 11. ‘political advertising publisher’ means a provider of political advertising service that places, promotes, publishes, delivers or disseminates political advertising through any medium;

Removed:Article 2 – paragraph 2: 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.

Removed:Article 3 – paragraph 1: 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.

Removed:Article 3 – paragraph 2: 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.

Removed:Article 3 a (new): 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.

Removed:Chapter II – title: TRANSPARENCY AND DUE DILIGENCE OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES

Removed:Article 4 – title: Transparency and due diligence obligations for political advertising services

Removed:Article 4 – paragraph 1: 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.

Removed:Article 4 – paragraph 1 a (new): 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.

Removed:Article 5 – paragraph 1: 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.

Removed:Article 5 – paragraph 1 a (new): 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.

Removed:Article 5 – paragraph 2: 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.

Removed:Article 5 – paragraph 2 a (new): 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.

Removed:Article 5 – paragraph 2 b (new): 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).

Removed:Article 5 – paragraph 2 c (new): 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.

Removed:Article 5 a (new): 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.

Removed:Article 6 – title: Record-keeping and transmission of information to the political advertising publisher

Removed:Article 6 – paragraph 1 – introductory part: 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:

Removed:Article 6 – paragraph 1 – point b: (b) the specific service or services that they provided in connection with the political advertising;

Removed:Article 6 – paragraph 1 – point b a (new): (ba) the starting date and, where available, the period during which the service or services were provided;

Removed:Article 6 – paragraph 1 – point c: (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;

Removed:Article 6 – paragraph 1 – point c a (new): (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;

Removed:Article 6 – paragraph 1 – point d: (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

Removed:Article 6 – paragraph 1 – point d a (new): (da) where applicable, an indication of elections or referendums to which the political advertisement is linked.

Removed:Article 6 – paragraph 2: 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.

Removed:Article 6 – paragraph 3: 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.

Removed:Article 6 – paragraph 3 a (new): 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.

Removed:Article 6 – paragraph 3 b (new): 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.

Removed:Article 7 – title: Labelling requirements for political advertisements

Removed:Article 7 – paragraph 1 – subparagraph 1 – introductory part: 1. Political advertising publishers shall ensure that every political advertisement contains the following information:

Removed:Article 7 – paragraph 1 – subparagraph 1 – point a: (a) a clear statement that it is a political advertisement;

Removed:Article 7 – paragraph 1 – subparagraph 1 – point b: (b) the identity of the sponsor of the political advertisement and, where applicable, the entity or person ultimately controlling or financing the sponsor;

Removed:Article 7 – paragraph 1 – subparagraph 1 – point b a (new): (ba) where applicable, the election, referendum, legislative or regulatory process to which the political advertisement is linked.

Removed:Article 7 – paragraph 1 – subparagraph 1 – point c: (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;

Removed:Article 7 – paragraph 1 – subparagraph 1 a (new): 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.

Removed:Article 7 – paragraph 1 – subparagraph 2: deleted

Removed:Article 7 – paragraph 1 a (new): 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.

Removed:Article 7 – paragraph 1 b (new): 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.

Removed:Article 7 – paragraph 1 c (new): 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).

Removed:Article 7 – paragraph 2: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Article 7 – paragraph 3: deleted

Removed:Article 7 – paragraph 4: deleted

Removed:Article 7 – paragraph 5: deleted

Removed:Article 7 – paragraph 6: deleted

Removed:Article 7 – paragraph 7: deleted

Removed:Article 7 – paragraph 8: deleted

Removed:Article 7 a (new): 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 t…

Removed:Article 7 b (new): 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…

Removed:Article 8 – paragraph 1: 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.

Removed:Article 8 – paragraph 2: 2. Paragraph 1 shall not apply to micro, small and medium-sized enterprises within the meaning of Article 3 of Directive 2013/34/EU.

Removed:Article 8 – paragraph 2 a (new): 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.

Removed:Article 9 – paragraph 1: 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.

Removed:Article 9 – paragraph 1 a (new): 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.

Removed:Article 9 – paragraph 2: deleted

Removed:Article 9 – paragraph 2 a (new): 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.

Removed:Article 9 – paragraph 3: 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.

Removed:Article 9 – paragraph 3 a (new): 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.

Removed:Article 9 – paragraph 4: 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.

Removed:Article 9 – paragraph 4 a (new): 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.

Removed:Article 10 – paragraph 1 – subparagraph 1: 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.

Removed:Article 10 – paragraph 1 – subparagraph 2 – point a: (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;

Removed:Article 10 – paragraph 2: 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.

Removed:Article 10 – paragraph 3 a (new): 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.

Removed:Article 11 – paragraph 1 – subparagraph 1: 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.

Removed:Article 11 – paragraph 1 – subparagraph 2: deleted

Removed:Article 11 – paragraph 2 – subparagraph 1 – point a: (a) vetted researchers in accordance with Article 40 of Regulation (EU) 2022/2065 (Digital Services Act);

Removed:Article 11 – paragraph 2 – subparagraph 1 – point d a (new): (da) journalists.

Removed:Article 11 – paragraph 2 – subparagraph 2: deleted

Removed:Article 11 – paragraph 3: 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.

Removed:Article 11 – paragraph 5: 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.

Removed:Article 11 – paragraph 7: 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.

Removed:Chapter III – title: TARGETING AND AD DELIVERY OF POLITICAL ADVERTISING SERVICES

Removed:Article -12 (new): 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.

Removed:Article 12 – title: Specific requirements related to the processing of personal data for online targeting and ad delivery techniques

Removed:Article 12 – paragraph 1: 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.

Removed:Article 12 – paragraph 1 a (new): 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.

Removed:Article 12 – paragraph 1 b (new): 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.

Removed:Article 12 – paragraph 1 c (new): 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…

Removed:Article 12 – paragraph 1 d (new): 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.

Removed:Article 12 – paragraph 1 e (new): 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.

Removed:Article 12 – paragraph 2: deleted

Removed:Article 12 – paragraph 3 – introductory part: 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:

Removed:Article 12 – paragraph 3 – point a: (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;

Removed:Article 12 – paragraph 3 – point b: (b) keep records on the use of targeting, the relevant mechanisms, techniques and parameters used, and the source(s) of personal data used.

Removed:Article 12 – paragraph 3 – point c: (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;

Removed:Article 12 – paragraph 3 – point c a (new): (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.

Removed:Article 12 – paragraph 4: 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.

Removed:Article 12 – paragraph 4 a (new): 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.

Removed:Article 12 – paragraph 5: 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.

Removed:Article 12 – paragraph 7: 7. Providers of advertising services shall transmit to the controller the information necessary to comply with paragraphs 3, 4 and 4a.

Removed:Article 12 – paragraph 8: deleted

Removed:Article 13 – title: Transmission of information concerning online targeting or ad delivery to other interested entities

Removed:Article 14 – paragraph 1: 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.

Removed:Article 14 – paragraph 2: 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.

Removed:Article 14 – paragraph 2 a (new): 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.

Removed:Article 15 – paragraph 1 a (new): 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 (EU) 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.

Removed:Article 15 – paragraph 1 b (new): 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.

Removed:Article 15 – paragraph 1 c (new): 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.

Removed:Article 15 – paragraph 1 d (new): 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.

Removed:Article 15 – paragraph 2: 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.

Removed:Article 15 – paragraph 2 a (new): 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.

Removed:Article 15 – paragraph 3: 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.

Removed:Article 15 – paragraph 4: 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.

Removed:Article 15 – paragraph 5 – point a a (new): (aa) request access to data, documents, or any necessary information from the providers of political advertising services;

Removed:Article 15 – paragraph 5 – point a b (new): (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;

Removed:Article 15 – paragraph 5 – point c: (c) impose administrative fines and financial penalties, including periodic penalty payments;

Removed:Article 15 – paragraph 5 – point c a (new): (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;

Removed:Article 15 – paragraph 5 a (new): 5a. Paragraphs 4 and 5 shall apply mutatis mutandis to the European Data Protection Board.

Removed:Article 15 – paragraph 5 b (new): 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.

Removed:Article 15 – paragraph 6: 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.

Removed:Article 15 – paragraph 7: 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.

Removed:Article 15 – paragraph 8 – point a: (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;

Removed:Article 15 – paragraph 8 – point c: (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.

Removed:Article 15 – paragraph 8 a (new): 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 c…

Removed:Article 15 – paragraph 9: 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.

Removed:Article 15 a (new): 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.

Removed:Article 15 b (new): 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.

Removed:Article 16 – paragraph 1: 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.

Removed:Article 16 – paragraph 3 – point a: (a) the nature, gravity, recurrence and duration of the infringement;

Removed:Article 16 – paragraph 3 – point d: (d) any relevant previous infringements and any other aggravating or mitigating factor applicable to the circumstances of the case;

Removed:Article 16 – paragraph 3 – point e: (e) the degree of cooperation with the competent authority; and

Removed:Article 16 – paragraph 3 – point e a (new): (ea) the size and economic capacity of the political advertising service provider.

Removed:Article 16 – paragraph 4: 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.

Removed:Article 16 – paragraph 4 a (new): 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.

Removed:Article 16 – paragraph 6: 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.

Removed:Article 16 – paragraph 6 a (new): 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.

Removed:Article 16 – paragraph 7: 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.

Removed:Article 16 – paragraph 7 a (new): 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.

Removed:Article 16 – paragraph 7 b (new): 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.

Removed:Article 18 – paragraph 1: 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.

Removed:Article 19 – paragraph 2: 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].

Removed:Article 19 – paragraph 3: 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.

Removed:Article 19 – paragraph 3 a (new): 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.

Removed:Article 19 – paragraph 5: 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.

Removed:Article 19 a (new): 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.

Removed:Article 20 – paragraph 2: 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].

Removed:Annex I – title: Information to be provided under Article 7a(1)

Removed:Annex I – point a: (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.

Removed:Annex I – point b: (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.

Removed:Annex I – point c: (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.

Removed:Annex I – point d: (d) any election, referendum, legislative or regulatory process with which the advertising is linked, if applicable.

Removed:Annex I – point e: (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.

Removed:Annex I – point f: (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.

Removed:Annex I – point h: (h) a link to the advertisement’s location in the European Repository for Online Political Advertisements.

Removed:Annex II: deleted / (deleted) / (deleted) / (deleted) / (deleted)