Activities of Tom VANDENKENDELAERE related to 2021/0381(COD)
Plenary speeches (2)
Transparency and targeting of political advertising (debate)
Transparency and targeting of political advertising (debate)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising
Amendments (98)
Amendment 102 #
Proposal for a regulation
Recital 5
Recital 5
(5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. GTargeting techniques that are used in a just and appropriate way by political parties or political candidates give voters the legitimate possibility to receive political messages that are of interest to them. However, given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may, when applied in a harmful or unjust manner and in combination with a lack of transparency, present particular threats to legitimate public interests, such as fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way.
Amendment 128 #
Proposal for a regulation
Recital 31
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 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.
Amendment 138 #
Proposal for a regulation
Recital 47
Recital 47
(47) Personal data collected directly from individuals, or indirectly such as 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 Council11 and Regulation (EU) 2018/1725 of the European Parliament and of the Council12 , 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 receive objective information, to form their opinion, to make political decisions and exercise their voting rights. This negatively impacts the democratic process. Additional restrictions and conditions compared to Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 should be provided. The conditions set out in this Regulation on the use of targeting and amplification techniques involving the processing of personal data in the context of political advertising should be based on Article 16 TFEU. Furthermore, the transparency obligations in this Regulation will 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. _________________ 11 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 12 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
Amendment 144 #
Proposal for a regulation
Recital 48
Recital 48
(48) Targeting and amplification techniques in the context of political advertising involving the processing of data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 should therefore be prohibitedsubjected to conditions, next to the extensive transparency provisions of the Regulation. The use of such techniques should only be allowed when carried out by the controller, or someone acting on its behalf, on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation, association or any other not- for-profit body with a political, philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. These exceptions are needed to safeguard the right to freedom of expression enshrined in the Charter of Fundamental Rights of the EU. This should be accompanied by specific safeguards. Consent should be understood as consent within the meaning of Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. Therefore, it should not be possible to rely on the exceptions as laid down in Article 9(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2016/679 and Article 10(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2018/1725 respectively for using techniques targeting and amplification techniques to publish, promote or disseminate political advertising involving the processing of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and 10(1) of Regulation (EU) 2018/725.
Amendment 145 #
Proposal for a regulation
Recital 48
Recital 48
(48) Targeting and amplification techniques in the context of political advertising involving the processing of data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 should therefore be prohibited. The use of such techniques should only be allowed when carried out by the controller, or someone acting on its behalf, on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation, association or any other not- for-profit body with a political, philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. This should be accompanied by specific safeguards. Consent should be understood as consent within the meaning of Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. Furthermore, targeting and amplification techniques should also be allowed based on personal data which are manifestly made public by the individual. Therefore, it should not be possible to rely on the exceptions as laid down in Article 9(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2016/679 and Article 10(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2018/1725 respectively for using techniques targeting and amplification techniques to publish, promote or disseminate political advertising involving the processing of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and 10(1) of Regulation (EU) 2018/725.
Amendment 150 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order to ensure enhanced transparency and accountability, when making use of targeting and amplification 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 amplify their content, make annual risk assessments of the use of these 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 or disseminating a political advertisement making use of targeting and amplification 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.
Amendment 159 #
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should encourage the drawing up of codes of conduct as referred to in Article 40 of Regulation (EU) 2016/679 to support the exercise of data subjects’ rights in this context. These codes of conduct should give attention to the application of this Article for both online and offline political advertising, traditional methods of advertising, such as leaflets or billboards included
Amendment 183 #
Proposal for a regulation
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) to protect natural persons with regard to the processing of personal data. , in particular to the the processing of personal data referred to in Article 9(1) of Regulation (EU) 2016/679.
Amendment 185 #
Proposal for a regulation
Article 1 – paragraph 3 – point b a (new)
Article 1 – paragraph 3 – point b a (new)
(b a) to set out rules for a safe and transparent market of online political advertising, while protecting the freedom of expression and information which implies everyone’s freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
Amendment 186 #
3 a. None of the provisions in this Regulation can be applied or interpreted in such way as to diminish or limit the level of protection offered by the fundamental right of freedom of expression and by the fundamental right to private life and data protection as protected in the Charter of Fundamental Rights and in the Union law on data protection and privacy.
Amendment 188 #
Proposal for a regulation
Article 1 – paragraph 4 – point g a (new)
Article 1 – paragraph 4 – point g a (new)
(g a) Regulation (EU) 2016/679.
Amendment 201 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
2 a. It shall not include content, such as political views, as expressed under the responsibility of an editorial service provider via audiovisual media, including linear or non-linear broadcasts, or as published in printed or online media, unless it is meant as a political advertisement for which the service provider has been remunerated by a third party.
Amendment 209 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31 a) 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 and its required transparency information for all recipients of services, 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.
Amendment 225 #
Proposal for a regulation
Article 3 – paragraph 2
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.
Amendment 226 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Cross border Political Advertising 1.. The provision of political advertising services within the internal market may not be restricted solely on basis of the place of establishment of the sponsor. 2. The provision of cross border political advertising services to European Political Parties, can only be restricted by national law or European legislation other than this regulation.
Amendment 227 #
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3 b Non-discrimination 1. Political advertising publishers or providers of political advertising services shall not discriminate sponsors legally established in the European Union on grounds of their place of residence or, where applicable, establishment, when those actors request, conclude or hold a contract for political advertising within the Union. 2. Refusal to provide services in a Member State where political advertising publisher or providers of political advertising services do not conduct business shall not be considered discrimination.
Amendment 251 #
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(b a) the relevant decisive parameter or set of decisive parameters determining why the user sees this advertisement;
Amendment 254 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) a transparency notice, as stipulated in paragraph 2 of this Article, to enable the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved.
Amendment 259 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
In this regard, political advertising publishers shall use efficient and prominent marking and labelling techniques, in a clear and understandable way, that allow the political advertisement to be easily identified as such and shall ensure that the marking or labelling remains in place in the event a political advertisement is further disseminated.
Amendment 265 #
Proposal for a regulation
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(a a) where applicable, the identity of the entity ultimately controlling the sponsor and contact details;
Amendment 269 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) harmonised transparency obligations for sponsors, providers of political advertising and related services, including publishers, to retain, disclose and publish information connected to the provision of such services;
Amendment 277 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to paid political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used.
Amendment 289 #
Proposal for a regulation
Article 1 – paragraph 4 – point i
Article 1 – paragraph 4 – point i
Amendment 290 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Political advertising publishers shall retain their transparency notices together with any modifications for a period of fivesix years after the end of the period referred to in paragraph 4.
Amendment 295 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Member States, including competent authorities, and the Commission shall encourage the drawing up of guidelines and codes of conduct intended to contribute to the proper application of this Article, taking into account the specific characteristics of the relevant service providers involved and the specific needs of micro, small and medium-sized enterprises, within the meaning of Article 3 of Directive 2013/34/EU. These guidelines and codes of conduct shall give attention to the application of this Article for both online and offline political advertising.
Amendment 296 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex I by adding, modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where, in the light of technological developments, such an amendment is necessary for the wider context of the political advertisement and its aims to be understood, without decreasing the level of transparency.
Amendment 305 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) which is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour. It shall not include content, such as political views, as expressed under the responsibility of an editorial service provider via audiovisual media, including linear or non-linear broadcasts, or as published in printed or online media, unless it is meant as a political advertisement for which the service provider has been remunerated by a third party.
Amendment 314 #
Proposal for a regulation
Article 11 – paragraph 2 – point d a (new)
Article 11 – paragraph 2 – point d a (new)
(d a) journalists accredited in a Member State by national, European or international bodies.
Amendment 315 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 326 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 330 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1 a. Targeting and amplification techniques that involve the processing of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 in the context of political advertising, can be done in the situations referred to in Article 9(2)(a), (d) and (e) of Regulation(EU) 2016/679 and Article 10(2)(a), (d) and (e) of Regulation (EU) 2018/1725, whilst safeguarding democratic rights of EU-citizens, both voters and candidates or political parties, in particular the freedom of expression and information as enshrined in the Charter of the Fundamental Rights of the EU.
Amendment 330 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘sponsor’ means the natural or legal person, citizen of the Union or legally established in its territory, responsible for a political advertisement or on whose behalf a political advertisement is prepared, placed, published or disseminated;
Amendment 337 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 342 #
Proposal for a regulation
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
(a) adopt and implement an internal policy describing clearly and in plain language, in particular, the use of such techniques to target individuals or amplify the content, and retain such policy for a period of fivesix years; this internal policy should be made publicly available;
Amendment 343 #
Proposal for a regulation
Article 12 – paragraph 3 – point a a (new)
Article 12 – paragraph 3 – point a a (new)
(a a) make an internal annual risk assessment of the use of these 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;
Amendment 350 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Political advertising publishers making use of targeting or amplification techniques referred to in paragraph 3 shall include in or together with the advertisement and in the transparency notice required under Article 7 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 give or refuse their consent, to opt-out from being subject to targeting and amplification techniques as specified in paragraph 1.
Amendment 355 #
Proposal for a regulation
Article 3 – paragraph 2
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.
Amendment 356 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Cross border Political Advertising 1. The provision of political advertising services within the internal market may not be restricted solely on basis of the place of establishment of the sponsor. 2. The provision of cross border political advertising services to European Political Parties, can only be restricted by national law or European legislation other than this regulation.
Amendment 360 #
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3 b Non-discrimination 1. Political advertising publishers or providers of political advertising services shall not discriminate sponsors legally established in the European Union on grounds of their place of residence or, where applicable, establishment, when those actors request, conclude or hold a contract for political advertising within the Union. 2. Refusal to provide services in a Member State where political advertising publisher or providers of political advertising services do not conduct business shall not be considered discrimination.
Amendment 367 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Providers of advertising services, including publishers, shall request sponsors and providers of advertising services acting on behalf of sponsors to declare whether the advertising service 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 and are responsible for its accuracy.
Amendment 371 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. Political advertising publishers shall make best efforts to verify the authenticity of the declaration referred to in para 1 before disseminating the political advertising.
Amendment 372 #
Proposal for a regulation
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1 b. Political advertising publishers shall make best efforts to verify the authenticity of the declaration referred to in para 1 before disseminating the political advertising.
Amendment 373 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall designate competent authoritiesThe Digital Services coordinator referred to in article 38 of Regulation (EU) 2021/xxx [DSA shall be competent to monitor the compliance of providers of intermediary services within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2021/xxx [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 38 of Regulation (EU) 2021/xxx 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) 2021/xxx [Digital Services Act]. Article 45(1) to (4) and Article 46(1) of Regulation (EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary servicesDigital Services Coordinator shall also be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by Regulation (EU) 2021/xxx [Digital Services Act].
Amendment 374 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. The European Commission shall have exclusive competence to monitor the compliance of very large online platforms and very large search engines within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in this Regulation.
Amendment 375 #
Proposal for a regulation
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2 b. Article 44a, 44b, 45(1) to (4), 45a and Article 46(1) of Regulation (EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.
Amendment 376 #
Proposal for a regulation
Article 15 – paragraph 2 c (new)
Article 15 – paragraph 2 c (new)
Amendment 389 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) where applicable, the identity of the sponsor and its contact details.
Amendment 393 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be retained for a period of five years from the date of the last preparation, placement, publication or dissemination, as the case may be.
Amendment 395 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. PSponsors or providers of political advertising services acting on behalf of a sponsor shall ensure that the information referred to in paragraph 1 is communicated to the political advertising publisher which will disseminate the political advertisement to enable political advertising publishers to comply with their obligations under this Regulation. That 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.
Amendment 404 #
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
Amendment 421 #
Proposal for a regulation
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(b a) where applicable the reach of the political message;
Amendment 422 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement, and of the political advertising campaign where relevant, and their sources;
Amendment 439 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they. Where Political advertising publishers find this is not the case, before and during its dissemination, they shall contact sponsors to provide the relevant information, within a reasonable time period. Should the Sponsor or the Service provider acting on its behalf not react following the previous sub para, the Publisher shall not make available the political advertisement or shall take it down if already disseminated.
Amendment 452 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. Sponsors or providers of political advertising services acting on behalf of a sponsor shall guarantee the accuracy of the information referred to in paragraph 2, before, during and after its publication. They shall also ensure timely transmission to Political Advertising publishers of such information.
Amendment 454 #
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4 b. Publishers shall guarantee before the dissemination of the political advertising the accuracy of the information referred to in paragraph 2 (a).
Amendment 455 #
Proposal for a regulation
Article 7 – paragraph 4 c (new)
Article 7 – paragraph 4 c (new)
4 c. Online intermediaries in the sense of Regulation (EU) 2021/xxx [the DSA] shall make publicly available the procedure for identity verification of political sponsors. It shall not take longer than 2 working days and must not require more than the strictly necessary for such verification.
Amendment 463 #
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6 a. Political advertising publishers which offer services in the Union shall ensure that they design and provide services in accordance with accessibility requirements. They shall prepare the necessary information in accordance with Annex V of Directive (EU)2019/882 and shall explain how the services meet the applicable accessibility requirements. The information shall be made available to the public in an accessible manner for persons with disabilities. Political advertising publishers shall keep that information for as long as the service is in operation.
Amendment 474 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a The Commission shall, by means of delegated acts, adopt technical specifications for the implementation of the transparency notice referred in paragraphs 1 and 2 adapted for the audiovisual sector, printed media and offline advertising before 2024.
Amendment 479 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where they provide political advertising services are provided, advertising publishers shall include information 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 amplification techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements.
Amendment 484 #
2 a. 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.
Amendment 485 #
Proposal for a regulation
Article 9 – title
Article 9 – title
9 Indicating possibly unlawful political advertisements in printed media and offline
Amendment 486 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 491 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Where political advertising services are provided, the sponsor shall put mechanisms in place to allow any individual or entity to notify them that a particular advertisement which they have published does not comply with this Regulation. Those mechanisms shall be easy to access, user-friendly, free of charge and allow for the submission of notices exclusively by electronic means.
Amendment 493 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 496 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. The mechanisms referred to in paragraph 1shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices.To that end, advertising publishers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements: (a) a sufficiently substantiated explanation of the reasons why the individual or entity alleges the advertisement in question does not comply with this regulation; b) information enabling the identification of the political advertisement; (c) the name and an electronic mail address of the individual or entity submitting the notice; (d) a statement confirming the good faith belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.
Amendment 498 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 505 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. Where the notice contains an electronic contact information of the individual or entity that submitted it, publishers shall, without undue delay: (a) send a confirmation of receipt of the notice to that individual or entity. (b) inform that individual or entity of its decision.
Amendment 507 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 509 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. Publishers shall process any notices that they receive under the mechanisms referred to in paragraph 1 and take their decisions in respect of the information to which the notices relate, in a timely, diligent and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notifications referred to in paragraph 3.
Amendment 512 #
4 b. Repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to collectively, including by reference to an announcement on the website of the political advertising publisher concerned.
Amendment 514 #
Proposal for a regulation
Article 9 – paragraph 4 c (new)
Article 9 – paragraph 4 c (new)
4 c. The Commission shall, by means of delegated acts, adopt technical specifications, adapted to the printed media sector and another for offline advertising, for the mechanism referred to in paragraph 1.
Amendment 515 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 516 #
Proposal for a regulation
Article 9 b (new)
Article 9 b (new)
Amendment 517 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Competent national authorities shall have the power to request that a provider of political advertising services and publishers transmits the information referred to in Articles 6, 7 and 8. The transmitted information must be complete, accurate and trustworthy,correspond to the information retained pursuant to article 6 and provided in a clear, coherent, consolidated and intelligible format. Where technically possible, the information shall be transmitted in a machine readable format.
Amendment 533 #
Proposal for a regulation
Article 11 – paragraph 2 – point d a (new)
Article 11 – paragraph 2 – point d a (new)
(d a) journalists accredited in a Member State by national, European or international bodies.
Amendment 534 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Amendment 558 #
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. When using targeting or amplification techniques in the context of political advertising involving the processing of personal data, controllline publishers shall, in addition to the requirements laid down in Regulation (EU) 2016/679 and, Regulation (EU) 2018/1725 and Regulation (EU)2021/xxx [DSA], as applicable, comply with the following requirements:
Amendment 562 #
5. Political advertising publishers making use of targeting or amplification techniques referred to in paragraph 3 shall include in or together with the advertisement and in the transparency notice required under Article 7 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 give or refuse their consent, to opt-out from being subject to targeting and amplification techniques as specified in paragraph 1.
Amendment 577 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. It shall be possible for the designated legal representative to be held liable for non-compliance with obligations under this Regulation, without prejudice to the liability and legal actions that could be initiated against the service provider.
Amendment 578 #
Proposal for a regulation
Article 14 – paragraph 2 b (new)
Article 14 – paragraph 2 b (new)
2 b. Service providers shall provide the legal representative with necessary powers and sufficient resources to guarantee its efficient and timely cooperation with the Member States’ relevant competent authorities and, where relevant, the Commission.
Amendment 580 #
Proposal for a regulation
Article 14 – paragraph 2 c (new)
Article 14 – paragraph 2 c (new)
2 c. Service providers shall notify the name, postal address, email address and telephone number of their legal representative to the National Coordinator in the Member State where that legal representative resides or is established. They shall ensure that that information is publicly available, easily accessible, accurate and kept up to date.
Amendment 581 #
Proposal for a regulation
Article 14 – paragraph 2 d (new)
Article 14 – paragraph 2 d (new)
2 d. The designation of a legal representative within the Union pursuant to paragraph 1 shall not constitute an establishment in the Union.
Amendment 583 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall designate competent authoritiesThe Digital Services coordinator referred to in article 38 of Regulation (EU) 2021/xxx[DSA] shall be competent to monitor the compliance of providers of intermediary services within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2021/xxx [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 38 of Regulation (EU) 2021/xxx in each Member State shallDigital Services Coordinator shall also be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by Regulation (EU) 2021/xxx [Digital Services Act]. Article 45(1) to (4) and Article 46(1) of Regulation (EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.
Amendment 588 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. The European Commission shall have exclusive competence to monitor the compliance of very large online platforms and very large search engines within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in this Regulation.
Amendment 589 #
Proposal for a regulation
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2 b. Article 44a, Article 44b, 45(1) to (4), Article 45a, and Article 46(1) of Regulation(EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.
Amendment 590 #
Proposal for a regulation
Article 15 – paragraph 2 c (new)
Article 15 – paragraph 2 c (new)
2 c. The supervisory authorities referred to in Article 30 of Directive (EU) 2010/13/EU shall be competent to monitor the compliance of media service providers within the meaning of Directive (EU) 2010/13/EU (AVMSD).
Amendment 593 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1, 2 and 2c. 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 in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation.
Amendment 597 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Competent authorities referred to in the previous paragraph 3s, where exercising their supervisory tasks in relation to this Regulation, shall have, at least, the power to request to access data, documents or any necessary information from providers of political advertising services for the performance of their supervisory tasks.
Amendment 599 #
Proposal for a regulation
Article 15 – paragraph 5 – introductory part
Article 15 – paragraph 5 – introductory part
5. Competent authorities referred to in previous paragraph 3,s where exercising their enforcement powers in relation to this Regulation, shall have the power to:
Amendment 609 #
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 612 #
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
Amendment 621 #
Proposal for a regulation
Article 15 – paragraph 8 – point a
Article 15 – paragraph 8 – point a
(a) the competent authorities applying supervisory or enforcement measures in a Member State shall, via the contact pointnational coordinators referred to in paragraph 7ticle 15a, inform and consult the competent authorities in the other Member State(s) concerned on the supervisory and enforcement measures taken and their follow-up;
Amendment 624 #
Proposal for a regulation
Article 15 – paragraph 8 – point b
Article 15 – paragraph 8 – point b
(b) a competent authority may request, via the contact pointnational coordinators referred to in paragraph 7ticle 15a, in a substantiated, justified and proportionate manner, another competent authority, where it is better placed, to take the supervisory or enforcement measures referred to in paragraphs 4 and 5; and
Amendment 628 #
Proposal for a regulation
Article 15 – paragraph 8 – point c
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 pointnational coordinators referred to in paragraph 7ticle 15a and within a timeframe proportionate to the urgency of the 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.
Amendment 630 #
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
Amendment 635 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a National coordinator 1. Each Member State shall designate a national coordinator for the purposes of this Regulation. The national coordinator shall carry out the following tasks: (a) act as national contact point for the Commission for all matters relating to the implementation of this Regulation; (b) ensure cooperation among competent authorities in particular in the framework of national elections networks, to facilitate the swift and 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. 2. National Coordinators shall meet periodically at Union level in the framework of the European Cooperation Network on Elections 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.
Amendment 645 #
Proposal for a regulation
Article 16 – paragraph 3 – point e a (new)
Article 16 – paragraph 3 – point e a (new)
(e a) the size and economic capacity of the political advertising service provider.
Amendment 656 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Within two years after each election to the European Parliament and for the first time by 31 December 20265 at the latest, the Commission shall submit a report on the evaluation and review of this Regulation. This report shall assess the need for amendment to this Regulation. The report shall be made public.