Activities of Patrick BREYER related to 2021/0381(COD)
Plenary speeches (1)
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 (100)
Amendment 75 #
Proposal for a regulation
Recital 4
Recital 4
(4) The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’), which remains subject to rights recognised in particular in Article 16 TFEU and Article 8 of the Charter of Fundamental rights of the European Union (‘Charter’) entitling everyone to the protection of personal data concerning them. It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature, and where it is targeted. Transparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, and how they are being targeted by an advertising service provider, so that voters are better placed to make informed choices. Additional transparency requirements should not lead to institutional or societal political actors being exposed to pressure by state institutions that could limit their freedom of expression. In addition to transparency measures, there is a need for increased media literacy to be promoted by Member States and relevant stakeholders, in particular as regards the political debate and elections.
Amendment 76 #
Proposal for a regulation
Recital 4
Recital 4
(4) The need to ensure transparency is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’), which remains subject to rights recognised in particular in Article 16 TFEU and Article 8 of the Charter of Fundamental rights of the European Union (‘Charter’) entitling everyone to the protection of personal data concerning them. It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature, and where it is targeted. Transparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, and how they are being targeted by an advertising service provider, so that voters are better placed to make informed choices. Additional transparency requirements should not lead to institutional or societal political actors being exposed to pressure by state institutions that could limit their freedom of expression. In addition to transparency measures, there is a need for increased media literacy to be promoted by Member States and relevant stakeholders, in particular as regards the political debate and elections.
Amendment 81 #
(5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used by sponsors, political advertising publishers or providers of advertising services either to address or disseminate 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. Targeting techniques include delivery optimisation techniques used by political advertising publishers or providers of political advertising services to select and deliver political advertisements to specific recipients. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as democracy, fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way. Targeting and amplification techniques which rely on personal data should therefore not be allowed.
Amendment 82 #
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 by sponsors, political advertising publishers or providers of advertising services either to address or disseminate 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. Targeting techniques include delivery optimisation techniques used by political advertising publishers or providers of political advertising services to select and deliver political advertisements to specific recipients. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as democracy, fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way. Targeting and amplification techniques which rely on personal data should therefore not be allowed.
Amendment 98 #
Proposal for a regulation
Recital 11
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 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. The reasonable efforts undertaken by political advertising publishers to ensure that the transparency requirements are fulfilled, and the assessment of whether these efforts are actually reasonable, should be governed by a consistent set of due diligence requirements relevant to the context of political advertising.
Amendment 99 #
Proposal for a regulation
Recital 11
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 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. The reasonable efforts undertaken by political advertising publishers to ensure that the transparency requirements are fulfilled, and the assessment of whether these efforts are actually reasonable, should be governed by a consistent set of due diligence requirements relevant to the context of political advertising.
Amendment 100 #
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 by sponsors, political advertising publishers or providers of advertising services either to address a tailoredor disseminate a political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement. Targeting techniques include delivery optimisation techniques used by political advertising publishers or providers of political advertising services to select and deliver political advertisements to specific recipients. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques may present particular threats to legitimate public interests, such as democracy, fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic way. Targeting and amplification techniques which rely on personal data should therefore not be allowed.
Amendment 113 #
Proposal for a regulation
Recital 17
Recital 17
(17) The publication 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 should also constitute political advertising. In order to determine whether the publication 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 relevant factors such as the content of the message, the 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 published or disseminated. This should notably apply in cases where political advertising publishers act as sponsors of a content they generate themselves that is likely to produce the same effect than political advertising. Commercial advertising, although generally outside the scope of this Regulation, is also likely in specific situations to affect individuals’ behaviour with regard to legislative or regulatory process or voting behaviour Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 119 #
Proposal for a regulation
Recital 19
Recital 19
(19) Political views expressed in the programmes of audiovisual linear or non- linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation.
Amendment 120 #
Proposal for a regulation
Recital 19
Recital 19
(19) Political views expressed in the programmes of audiovisual linear or non- linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation.
Amendment 137 #
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. _________________ 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)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 be treated fairly and equally, not to be manipulated, 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, the manipulation of the electorate. It also enables the spreading of disinformation, and has been used for foreign electoral interference especially by Russian entities. Misleading or obscure advertising for political purposes is a special class of high risk threat because it influences the core mechanisms that enable the functioning of our democratic society. All this takes place despite already strict conditions for the processing of personal data, including for targeting and amplification of political ads, in Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. 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, and there is no easy way out which would enable even a basic level of targeting individuals while adequately protecting the rights and interest mentioned above. The systematic use of dark patterns, unclear consent agreements, misleading information, and insufficient time to read terms and conditions are common practices that prevent people from having clear information and control in the context of the surveillance-based online advertising industry. Additional restrictions should therefore be provided in the form of an interdiction on the processing of personal data for targeting and amplification of political advertising, based on Article 16 TFEU. 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. This limitation complies with the right to impart information and ideas of general interest which the public is entitled to receive because this right does not outweigh the protection of the rights and interests of individuals, of the democratic debate and of the political process, and prevents the latter from distortion by powerful financial groups.
Amendment 143 #
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 is a high risk activity and should therefore be prohibited. T, but the use of suchtargeting techniques should onlystill 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 re no processing of personal data is involved, such as withe 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. Cntextual forms of advertising. This Regulation should therefore not prevent publishers, especially online platforms, from determining the recipients to whom advertisements are displayed on the basis of contextual information. The publication accessed by the recipient and the specific content retrieved allows for placing advertisements that are relevant to the target group of the publication and the specific constent, 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) 2018/725uch as by their language or location. This sufficiently allows for targeting without requiring the processing of personal data of the specific users. The use of the contextual information referred to should only be permissible if it does not allow for the identification or signaling out of one or more natural persons.
Amendment 148 #
Proposal for a regulation
Recital 49
Recital 49
Amendment 152 #
Proposal for a regulation
Recital 50
Recital 50
Amendment 154 #
Proposal for a regulation
Recital 51
Recital 51
Amendment 157 #
Proposal for a regulation
Recital 52
Recital 52
Amendment 161 #
Proposal for a regulation
Recital 53
Recital 53
Amendment 163 #
Proposal for a regulation
Recital 54
Recital 54
Amendment 164 #
Proposal for a regulation
Recital 56
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. Depending on the legal system of each Member State and in line with existing Union law including Regulation (EU) 2016/679, Regulation (EU) 2018/1725 and Regulation (EU) 2021/xxx [Digital Services Act], different national judicial or administrative authorities may be designated to that effect.
Amendment 164 #
Proposal for a regulation
Recital 41
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 onefifteen year after the last publication. The retained information should also include information about political advertising which was terminated or which was taken downdiscontinued or suspended by the publisher.
Amendment 166 #
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41 a) In order to ensure a harmonised approach to the publication of the transparency notices, increase overall transparency, further facilitate cross- border political advertising, and reduce the publication costs for the political advertising publishers, a single European repository for transparency notices should be developed, updated and maintained by the European Commission, in broad consultation with relevant stakeholders, in particular with the European Cooperation Network on Elections. The repository should also include a list of all electoral periods, which would be communicated by the Member States, as well as a unified mechanism for reporting political advertisements in accordance with the procedure established in this Regulation. The costs for developing, updating and maintaining the repository should be covered by a fee based on a portion of the revenue generated by political advertisements to the benefit of political advertising publishers. In order to establish a fair level of contributions, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the scale of such contributions.
Amendment 168 #
Proposal for a regulation
Recital 63
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, theyand deterred, in particular through appropriate administrative fines or financial penalties. Data protection authorities should be able to ensure that publishers do not process personal data for targeting and amplification purposes. When using their corrective powers, the authorities 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 economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in Article 7 for the effective pursuit of the objectives of the present Regulation should be taken into account. 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. The corrective powers of authorities should in particular ensure that more affluent sponsors are not able to factor-in the price of financial sanctions to a political advertising strategy which relies on infringing the rules in this Regulation. Since the unlawful processing of personal data for political advertising can result in an unfair political advantage in an election or referendum which financial sanctions cannot remedy, the additional sanction of suspending political advertising for a limited time is introduced.
Amendment 175 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the useprocessing of personal data.
Amendment 179 #
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. _________________ 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)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, 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, be treated fairly and equally, not to be manipulated, 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, the manipulation of the electorate. It also enables the spreading of disinformation, notably via foreign interference in the electoral process. Misleading or obscure advertising for political purposes should be considered as a special class of high-risk threat because it influences the core mechanisms that enable the functioning of our democratic society despite strict conditions already in place with regard to the processing of personal data, including for targeting and amplification of political ads, as set out in Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. The existing avenues under Regulation (EU)2016/679 for lawful tailoring and addressing advertising to individuals are subject to systemic abuse, especially with regard to collecting the free and informed consent of individuals, and there is no easy way out which would enable even a basic level of targeting individuals while adequately protecting the rights and interest mentioned above. The systematic use of dark patterns, unclear consent agreements, misleading information, and insufficient time to read terms and conditions are common practices that prevent people from having clear information and control in the context of the surveillance-based online advertising industry. Additional limitations should therefore be provided in the form of a prohibition on the processing of personal data for targeting and amplification of political advertising based on Article 16 TFEU. Such limitations are 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. Such limitations do not outweigh the protection of the rights and interests of individuals, of the democratic debate and of the political process, and prevent the latter from distortion by powerful financial groups. In order to improve the understanding of citizens about these risks, measures meant to increase literacy about political advertising and about the processing of personal data in that aim should be strongly encouraged.
Amendment 182 #
(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 is a high risk activity and should therefore be prohibited. T, but the use of suchtargeting techniques should onlystill 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 re no processing of personal data is involved, such as withe 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. Cntextual forms of advertising. This Regulation should therefore not prevent publishers, especially online platforms, from determining the recipients to whom advertisements are displayed on the basis of contextual information. The publication accessed by the recipient and the specific content retrieved allows for placing advertisements that are relevant to the target group of the publication and the specific constent, 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) 2018/725uch as by their language or location. This sufficiently allows for targeting without requiring the processing of personal data of the specific users. The use of the contextual information referred to should only be permissible if it does no tallow for the identification or signaling out of one or more natural persons.
Amendment 183 #
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 is a high risk activity and should therefore be prohibited. T, but the use of suchtargeting techniques should onlystill 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 re no processing of personal data is involved, such as withe 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 dntextual forms of advertising. This Regulation should therefore not prevent publishers, especially online platforms, from determining the recipients to whom advertisements are displayed on the basis of contextual information. The publication accessed by the recipient and the specific content retrieved allows for placing advertisements thata are not disclosed outside that body without the consent of the data subjects. This should be accompanied by specific safeguards. Crelevant to the target group of the publication and the specific constent, 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) 2018/725uch as by their language or location. This sufficiently allows for targeting without requiring the processing of personal data of the specific users. The use of the contextual information referred to should only be permissible if it does not allow for the identification or signalling out of one or more natural persons.
Amendment 186 #
Proposal for a regulation
Recital 49
Recital 49
Amendment 187 #
Amendment 190 #
Proposal for a regulation
Recital 50
Recital 50
Amendment 191 #
Proposal for a regulation
Recital 50
Recital 50
Amendment 194 #
Proposal for a regulation
Recital 51
Recital 51
Amendment 195 #
Proposal for a regulation
Recital 51
Recital 51
Amendment 197 #
Proposal for a regulation
Recital 52
Recital 52
Amendment 198 #
Proposal for a regulation
Recital 52
Recital 52
Amendment 200 #
Proposal for a regulation
Recital 53
Recital 53
Amendment 201 #
Proposal for a regulation
Recital 53
Recital 53
Amendment 204 #
Proposal for a regulation
Recital 54
Recital 54
Amendment 205 #
Proposal for a regulation
Recital 54
Recital 54
Amendment 208 #
Proposal for a regulation
Recital 56
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, Regulation (EU)2018/1725 and Regulation (EU) 2021/xxx [Digital Services Act], different national judicial or administrative authorities may be designated to that effect.
Amendment 211 #
Proposal for a regulation
Recital 58
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, and Regulation (EU) 2018/725 Member States should designate competent authorities to monitor and enforce relevant rules and endow them with resources commensurate with such tasks. 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 . _________________ 13 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive (OJ L 95, 15.4.2010, p. 1).
Amendment 212 #
Proposal for a regulation
Recital 58
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, and Regulation (EU) 2018/725 Member States should designate competent authorities to monitor and enforce relevant rules and endow them with resources commensurate with such tasks. 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 . _________________ 13 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive (OJ L 95, 15.4.2010, p. 1).
Amendment 214 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. ‘targeting or amplification techniques’ means techniques that are used by sponsors, political advertising publishers or providers of advertising services either to address a tailoredor disseminate a political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement;
Amendment 215 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. ‘targeting or amplification techniques’ means techniques that are used either to address a tailored political advertisement only to a specific poffered by political advertising publisherson or gproup of persons or to increase the circulation, reach or visibility of a political advertisementviders of advertising services to the sponsors of political advertisements to address a political advertisement only to a specific person or group of persons;
Amendment 216 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
8 a. ‘ad delivery techniques’ means automated techniques that are used by political advertising publishers or providers of advertising services to determine which person or group of persons a political advertisement is delivered to.
Amendment 216 #
Proposal for a regulation
Recital 59
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) 2021/xxx [Digital Services Act], or those contained in Regulation (EU) 2016/679, those rules should apply mutatis mutandis to the relevant provisions of this Regulation. Supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679 may use the investigative and corrective powers laid down in that regulation.
Amendment 217 #
Proposal for a regulation
Recital 59
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) 2021/xxx [Digital Services Act], or those contained in Regulation (EU) 2016/679, those rules should apply mutatis mutandis to the relevant provisions of this Regulation. Supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679 may use the investigative and corrective powers laid down in that regulation.
Amendment 219 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Amendment 222 #
Proposal for a regulation
Recital 62
Recital 62
(62) Member States should designate a 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 the competent authorities in their own.
Amendment 223 #
Proposal for a regulation
Recital 62
Recital 62
(62) Member States should designate a 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 the competent authorities in their own.
Amendment 225 #
Proposal for a regulation
Recital 63
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, theyand deterred, in particular through appropriate administrative fines or financial penalties. Data protection authorities should be able to ensure that publishers do not process personal data for targeting and amplification purposes. When using their corrective powers, the authorities 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 economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in Article 7 for the effective pursuit of the objectives of the present Regulation should be taken into account. 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. The corrective powers of authorities should in particular ensure that more affluent sponsors are not able to factor-in the price of financial sanctions to a political advertising strategy which relies on infringing the rules in this Regulation. Since the unlawful processing of personal data for political advertising can result in an unfair political advantage in an election or referendum which financial sanctions cannot remedy, the additional sanction of suspending political advertising fora limited time is introduced.
Amendment 226 #
Proposal for a regulation
Recital 63
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, theyand deterred, in particular through appropriate administrative fines or financial penalties. Data protection authorities should be able to ensure that publishers do not process personal data for targeting and amplification purposes. When using their corrective powers, the authorities 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 economic capacity of the infringer. In that context, the crucial role played by the obligations laid down in Article 7 for the effective pursuit of the objectives of the present Regulation should be taken into account. 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. The corrective powers of authorities should in particular ensure that more affluent sponsors are notable to factor-in the price of financial sanctions to a political advertising strategy which relies on infringing the rules in this Regulation. Since the unlawful processing of personal data for political advertising can result in an unfair political advantage in an election or referendum which financial sanctions cannot remedy, the additional sanction of suspending political advertising for a limited time is introduced.
Amendment 243 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the useprocessing of personal data.
Amendment 244 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the useprocessing of personal data.
Amendment 255 #
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(GDPR);
Amendment 256 #
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(GDPR);
Amendment 257 #
Proposal for a regulation
Article 1 – paragraph 4 – point g b (new)
Article 1 – paragraph 4 – point g b (new)
(g b) Regulation 2018/1725 (EUDPR)
Amendment 258 #
Proposal for a regulation
Article 1 – paragraph 4 – point g b (new)
Article 1 – paragraph 4 – point g b (new)
(g b) Regulation 2018/1725(EUDPR)
Amendment 293 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Amendment 294 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 294 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Amendment 304 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. Notifiers shall not be obliged to provide personal data. The political advertising publisher shall inform individuals who choose to provide contact details of the follow up given to the notification as referred to in paragraph 1.
Amendment 319 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. In the context of the provision of political advertising services, each political advertisement shall be made available with the following information in a clear, salientthe service providers and particularly the publishers shall make the following elements available in a clear, salient, comprehensive, plain and unambiguous way:
Amendment 325 #
Proposal for a regulation
Article 12 – title
Article 12 – title
12 Specific requirements related to targeting and amplificationd delivery
Amendment 327 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Targeting or amplificationd delivery techniques tshall not 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 are prohibited.
Amendment 327 #
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 theeach relevant advertisement, and of the political advertising campaign where relevant, and their sources;
Amendment 329 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Targeting or amplification techniques that involve the processing of personal data referred toas defined in Article 94(1) of Regulation (EU) 2016/679 and Article 105(1) of Regulation (EU) 2018/1725 in the context of political advertising are prohibited.
Amendment 331 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
Amendment 333 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 339 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 339 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. The transparency requirements laid down in paragraphs 1 to 3, including the obligation of political advertising publishers not to make available a political advertisement in case the obligations provided by paragraphs 1 and 2 are not fulfilled, shall be subject to sanctions as provided by Article 16 of this Regulation.
Amendment 342 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2 in real time as well as updated since the first publication of the advertisement and containing all versions of the advertisement.
Amendment 343 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2 in real time as well as updated since the first publication of the advertisement and containing all versions of the advertisement.
Amendment 345 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 346 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 348 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 353 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 354 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
Amendment 357 #
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
Amendment 360 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. Notifiers shall not be obliged to provide personal data. The political advertising publisher shall inform individuals who choose to provide contact details of the follow up given to the notification as referred to in paragraph 1.
Amendment 364 #
Proposal for a regulation
Article 13
Article 13
Amendment 366 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. TWithout prejudice to Article 51 of Regulation (EU) 2016/679 and Article 52 of Regulation (EU) 2018/1725, the supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 or Article 52 of Regulation (EU) 2018/1725 shall be competent to monitor the application of Article 12 of this Regulation in their respective field of competence. Article 58 of Regulation (EU) 2016/679 and Article 58 of Regulation (EU) 2018/1725 shall apply mutatis mutandis. Chapter VII of Regulation (EU) 2016/679 shall apply for activities covered by Article 12 of this Regulation.
Amendment 382 #
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
6. Member States shall ensure cooperation among competent authorities and supervisory 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 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.
Amendment 392 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Targeting or amplification techniques that involve the processing of personal data referred toas defined in Article 94(1) of Regulation (EU) 2016/679 and Article 105(1) of Regulation (EU) 2018/1725 in the context of political advertising are prohibited.
Amendment 393 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Targeting or amplification techniques that involve the processing of personal data referred toas defined in Article 94(1) of Regulation (EU) 2016/679 and Article 105(1) of Regulation (EU) 2018/1725 in the context of political advertising are prohibited.
Amendment 394 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1 a. The prohibition in paragraph 1 shall not prevent sponsors, political advertising publishers or providers of advertising services from determining the recipients to whom political advertising are displayed on the basis of the context in which the advertisement is published.
Amendment 395 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 396 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. For infringements of the obligations laid down in Article 12, the supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679 may use the investigative and corrective powers laid down in that regulation and within their scope of 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. In addition to or instead of an administrative fine the supervisory authorities may order a sponsor to suspend political advertising, and a political advertising publisher or provider of advertising services not to publish or disseminate political advertisements on behalf of that sponsor, for a limited period of time.
Amendment 397 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 398 #
Amendment 399 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 400 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 403 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
Amendment 404 #
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
Amendment 407 #
Proposal for a regulation
Article 13
Article 13
Amendment 409 #
Proposal for a regulation
Article 14 – paragraph 1
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 theeach Member States where the provider offers its services.
Amendment 412 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. TWithout prejudice to Article 51 of Regulation (EU) 2016/679 and Article 52 of Regulation (EU)2018/1725, the supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 or Article 52 of Regulation (EU) 2018/1725 shall be competent to monitor the application of Article 12 of this Regulation in their respective field of competence. Article 58 of Regulation (EU) 2016/679 and Article 58 of Regulation (EU) 2018/1725 shall apply mutatis mutandis. Chapter VII of Regulation (EU) 2016/679 shall apply for activities covered by Article 12 of this Regulation.
Amendment 413 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. TWithout prejudice to Article 51 of Regulation (EU) 2016/679 and Article 52 of Regulation(EU)2018/1725, the supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 or Article 52 of Regulation (EU) 2018/1725 shall be competent to monitor the application of Article 12 of this Regulation in their respective field of competence. Article 58 of Regulation (EU) 2016/679 and Article 58 of Regulation (EU) 2018/1725 shall apply mutatis mutandis. Chapter VII of Regulation (EU) 2016/679 shall apply for activities covered by Article 12 of this Regulation.
Amendment 420 #
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
6. Member States shall ensure cooperation among competent authorities and supervisory 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 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.
Amendment 435 #
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. If a service provider intentionally or negligently infringes the provisions of this regulation, for the same or linked political advertising, the total amount of the administrative fine shall be sufficiently adjustable in order to take into account all the relevant factors; the fact that the Regulation has been violated in multiple respects shall be reflected in the amount of the total fine, in compliance with the principle of proportionality. In addition to or instead of an administrative fine the supervisory authorities may order a sponsor to suspend political advertising, and a political advertising publisher or provider of advertising services not to publish or disseminate political advertisements on behalf of that sponsor, for a limited period of time.
Amendment 438 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. For infringements of the obligations laid down in Article 12, the supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679 may use the investigative and corrective powers laid down in that regulation and within their scope of 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.