BETA

76 Amendments of Anne-Sophie PELLETIER related to 2021/0381(COD)

Amendment 152 #
Proposal for a regulation
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. GivenThrough the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques mahave been used to distort electoral or consultation process. They 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. Such techniques, and their impact on the framing of the public debate should be closely monitored. Therefore, they should be considered as 'High-Risk AI systems' under the Artificial Intelligence Act
2022/09/19
Committee: IMCO
Amendment 154 #
Proposal for a regulation
Recital 5 a (new)
(5 a) Targeting techniques and pervasive tracking have reached a level of sophistication that allows them to profile people's preferences while respecting the European legal framework preventing the use of sensitive data. Amplification techniques have been used not only to positively influence voters perception and behaviours but also negatively through the use of deception campaign to lower voters turnouts of specific groups. Both have influenced and distorted political debate and democratic consultation by using disinformation as well as malinformation, pushing forward to specific target audiences the most appropriate narrative fitting the objectives of the sponsors of those practices. This brings critical risks in the ongoing political and societal debates that need discussion and not confrontation.
2022/09/19
Committee: IMCO
Amendment 156 #
Proposal for a regulation
Recital 5 b (new)
(5 b) Technological progress through machine learning and fine tuning of algorithms to the service of attention- seeking economy are reinforcing personal views and biaises, thus undermining the basis of democratic life: the acceptance of others opinions and discussion. Regulators should thus have the tools to spot industry practices in the field of political advertising distorting democratic life and tackle them.
2022/09/19
Committee: IMCO
Amendment 157 #
Proposal for a regulation
Recital 5 c (new)
(5 c) Amplification techniques in the case of political advertising have the proven capacity to inflate disinformation at critical times in democratic processes and in very short delays. It should thus be considered as 'High-Risk AI systems' under the Artificial Intelligence Act.
2022/09/19
Committee: IMCO
Amendment 159 #
Proposal for a regulation
Recital 6
(6) PElections and referendums have already been distorted and political advertising is currently regulated heterogeneously in the Member States, which in many cases tends to focus on traditional media forms. Specific restrictions exist including on cross-border provisions of political advertising services. Some Member States prohibit EU service providers established in other Member States from providing services of a political nature or with a political purpose during electoral periods. At the same time, gaps and loopholes in national legislation are likely to exist in some Member States resulting in political advertising sometimes being disseminated without regard to relevant national rules and thus risking undermining the objective of transparency regulation for political advertising.
2022/09/19
Committee: IMCO
Amendment 161 #
Proposal for a regulation
Recital 6 a (new)
(6 a) The Code of Practice on disinformation of 2018, while signed by major online platforms and advertisers has note been able to alleviate concerns, and must therefore be completed by strong Internal market instruments harmonising political advertising rules, oversight and sanctions, but also strengthening data protections rules.
2022/09/19
Committee: IMCO
Amendment 166 #
Proposal for a regulation
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.
2022/09/19
Committee: IMCO
Amendment 172 #
Proposal for a regulation
Recital 14
(14) The Regulation should provide for harmonised transparency requirement applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and amplification are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include advertising entirely prepared, placed or published by service providers established outside the Union but disseminated to individuals in the Union. To determine whether a political advertisement is directed to individuals in a Member State, account should be taken of factors linking it to that Member State, including language, context, objective of the advertisement and its means of dissemination.
2022/09/19
Committee: IMCO
Amendment 174 #
Proposal for a regulation
Recital 15
(15) There is no existing definition of political advertising or political advertisement at Union level. A common definition is needed to establish the scope of application of the harmonised transparency obligations and rules on targeting and amplification. This definition should cover the intention to influence, the many forms that political advertising can take and any means and mode of publication or dissemination within the Union, regardless of whether the source is located within the Union or in a third country.
2022/09/19
Committee: IMCO
Amendment 181 #
Proposal for a regulation
Recital 17
(17) The publication or dissemination by other actors of a message that is liable and designed 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 and designed 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 sponsor of the message, 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. 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.
2022/09/19
Committee: IMCO
Amendment 183 #
Proposal for a regulation
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 intention to influence, 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. 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.
2022/09/19
Committee: IMCO
Amendment 187 #
Proposal for a regulation
Recital 19
(19) Political views expressedMedias contribute to the well functioning of democratic processes and play an essential role in the freedom of expression and right to information. They provide a space for public debate and contribute to public opinion-forming. This Regulation should therefore not affect medias editorial freedom. Political views expressed under editorial responsibility or in the programmes of audiovisual linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation.
2022/09/19
Committee: IMCO
Amendment 204 #
Proposal for a regulation
Recital 29
(29) The rules on transparency laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally provided against remuneration, which may include a benefit or expected benefit in kind. The transparency requirements should not apply to content uploaded by a user of an online intermediary service, such as an online platform, and disseminated by the online intermediary service without consideration for the placement, publication or dissemination for the specific message, unless the user has been remunerated or received benefit in kind by a third party for the political advertisement.
2022/09/19
Committee: IMCO
Amendment 222 #
Proposal for a regulation
Recital 38
(38) Transparency of political advertising should enable citizens to understand that they are confronted with a political advertisement. Political advertising publishers should ensure the publication in connection to each political advertisement of a clear statement to the effect that it is a political advertisement and of the identity of its sponsor. Where appropriate, the name of the sponsor could include a political logo. Political advertising publishers should make use of labelling which is the most effective, taking into account developments in relevant scientific research and best practice on the provision of transparency through the labelling of advertising. They should also ensure the publication in connection to each political advertisement of information to enable the wider context of the political advertisement and its aims to be understood, which can either be included in the advertisement itself, or be provided by the publisher on its website, accessible through a link or equivalent clear and user-friendly direction included in the advertisement.
2022/09/19
Committee: IMCO
Amendment 224 #
Proposal for a regulation
Recital 39
(39) This information should be provided in a transparency notice which should also include the identity of the sponsor, in order to support accountability in the political process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated. Personal data concerning individuals involved in political advertising, unrelated to the sponsor or other involved political actor should not be provided in the transparency notice. The transparency notice should also contain information on the dissemination period, any linked election, the amount spent for and the value of other benefits received in part or full exchange for the specific advertisement as well for the entire advertising campaign, the source of the funds used and other information to ensure the fairness of the dissemination of the political advertisement. Information on the source of the funds used concerns for instance its public or private origin, the fact that it originates from inside or outside the European Union. Information concerning linked elections or referendums should include, when possible, a link to information from official sources regarding the organisation and modalities for participation or for promoting participation in those elections or referendums. The transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article 14, 15 and 19 of Regulation (EU) 2021/XXX [Digital Services Act]. Providers of political advertising services should ensure that the information provided is complete and correct.
2022/09/19
Committee: IMCO
Amendment 233 #
Proposal for a regulation
Recital 42 a (new)
(42 a) Ad repositories should include a set of minimum functionalities, as well as a set of minimum search criteria that enables users and researchers to perform customised searches to retrieve real-time data in standard format and allow for easier cross-platform comparison, research and monitoring. Those should include: access in real time to the repositories data; be comprehensive with data granularity on each individual advertising; designed and structure following commun standards and thus comparable; easily accessible, online and in machine-readable format; contain all the information requested in article 7 as well as annex I and II.
2022/09/19
Committee: IMCO
Amendment 260 #
Proposal for a regulation
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.deleted
2022/09/19
Committee: IMCO
Amendment 268 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) harmonised transparency and due diligence obligations for sponsors and providers of political advertising and related services to, as well as political advertising publishers to collect, retain, disclose and publish information connected to the provision of such services;
2022/09/19
Committee: IMCO
Amendment 271 #
Proposal for a regulation
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 use and processing of personal data.
2022/09/19
Committee: IMCO
Amendment 274 #
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
(b a) harmonised rules on the use of personal data for the purposes of online political advertising in order to complement the application of Regulation 2016/679 and Regulation 2018/1725.
2022/09/19
Committee: IMCO
Amendment 276 #
Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation shall apply to political advertising sponsored, 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, the sponsor of the services, and irrespective of the means used.
2022/09/19
Committee: IMCO
Amendment 286 #
Proposal for a regulation
Article 1 – paragraph 3 – point b a (new)
(b a) to ensure the public debate, especially prior and during election or referendum periods, is not distorted by political advertising and related services covered by this Regulation;
2022/09/19
Committee: IMCO
Amendment 296 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
4 a. This Regulation complements and is without prejudice to the application of Regulation 2016/679 and Regulation 2018/1725. It does not replace any of the general obligations under Regulation 2016/679, Regulation 2018/1725 and Directive 2002/58/EC.
2022/09/19
Committee: IMCO
Amendment 306 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
(b) which is liable and designed to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
2022/09/19
Committee: IMCO
Amendment 312 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
2 a. It shall not include political views expressed under editorial responsibility.
2022/09/19
Committee: IMCO
Amendment 331 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published, promoted or disseminated;
2022/09/19
Committee: IMCO
Amendment 334 #
Proposal for a regulation
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 person or group of persons or to increase the circulation, reach or visibility of a political advertisementparticularly through the collection of their data by means of pervasive tracking or online surveillance;
2022/09/19
Committee: IMCO
Amendment 335 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
8 a. 'amplification techniques' means techniques used to increase, inflate the circulation, reach or visibility of a political advertisement, or content pushed by a political actor or sponsor, to a specific person or group of persons; as such it should be considered as 'High- Risk AI systems' under the Artificial Intelligence Act.
2022/09/19
Committee: IMCO
Amendment 340 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State and during which the campaign activities are subject to specific rules in accordance with Member State's law;
2022/09/19
Committee: IMCO
Amendment 347 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12 a (new)
12 a. ‘personal data’ within the meaning of Article 4(1) of Regulation (EU) 2016/679 and Article 3(1) of Regulation (EU) 2018/1725.
2022/09/19
Committee: IMCO
Amendment 359 #
Proposal for a regulation
Article 3 a (new)
Article 3 a This Regulation does not interfere with the existing national rules
2022/09/19
Committee: IMCO
Amendment 362 #
Proposal for a regulation
Article 4 – title
4 Transparency and due diligence
2022/09/19
Committee: IMCO
Amendment 368 #
Proposal for a regulation
Article 5 – paragraph 1
1. Providers of advertising services shall request sponsors and providers of advertising services acting on behalf of sponsors to declare whether the advertising service they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(5). Sponsors and providers of advertising services acting on behalf of sponsors shall make such a declaration in clear and understandable terms.
2022/09/19
Committee: IMCO
Amendment 384 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) the amounts they invoiced and received for the service or services provided, and the value of other benefits received or expected in part or full exchange for the service or services provided; and
2022/09/19
Committee: IMCO
Amendment 387 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) the identity of the political actor and, where applicable, the identity of the sponsor and its contact details.
2022/09/19
Committee: IMCO
Amendment 390 #
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
(d a) where applicable the election, referendum or legislative or regulatory process the advertisement is aiming to target.
2022/09/19
Committee: IMCO
Amendment 401 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) the identity of the political actor, the sponsor of the political advertisement and the entity ultimately controlling the sponsor, its place of establishment and contact details;
2022/09/19
Committee: IMCO
Amendment 405 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
(c) a transparency notice 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.
2022/09/19
Committee: IMCO
Amendment 410 #
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
(c a) a description of the target audience and the factors used to determine the target audience.
2022/09/19
Committee: IMCO
Amendment 411 #
Proposal for a regulation
Article 7 – paragraph 1 – point c b (new)
(c b) where applicable the election, referendum or legislative or regulatory process the advertisement is aiming to target.
2022/09/19
Committee: IMCO
Amendment 419 #
Proposal for a regulation
Article 7 – paragraph 2 – point a a (new)
(a a) if applicable, the data used to identify their target audience;
2022/09/19
Committee: IMCO
Amendment 420 #
Proposal for a regulation
Article 7 – paragraph 2 – point a b (new)
(a b) if applicable, the source of the data used to determine their target audience;
2022/09/19
Committee: IMCO
Amendment 423 #
Proposal for a regulation
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 or expected 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;
2022/09/19
Committee: IMCO
Amendment 430 #
Proposal for a regulation
Article 7 – paragraph 2 – point e
(e) where applicable, links to online repositories ofand libraries of political advertisements;
2022/09/19
Committee: IMCO
Amendment 444 #
Proposal for a regulation
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 updated, and where they find this is not the case, they shall withdraw or not make available the political advertisement.
2022/09/19
Committee: IMCO
Amendment 450 #
4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher with the political advertisement from its first publication until onetwo years after its last publication.
2022/09/19
Committee: IMCO
Amendment 458 #
Proposal for a regulation
Article 7 – paragraph 5
5. Political advertising publishers shall retain their transparency notices together with any modifications for a period of fiveten years after the end of the period referred to in paragraph 4.
2022/09/19
Committee: IMCO
Amendment 462 #
Proposal for a regulation
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 repositoryshall have public repositories of the political advertisements they serviced. Those repositories should be available for each political advertisement and include a set of minimum functionalities, as well as a set of minimum search criteria that enables users and researchers to perform customised searches to retrieve real-time data in standard format and allow for easier cross-platform comparison, research and monitoring. Those should include: access in real time to the repositories data; be comprehensive with data granularity on each individual advertising; designed and structure following commun standards and thus comparable; easily accessible, online and in machine-readable format; contain all the information referred toquested in paragraph 2ticle 7 as well as annex I and II.
2022/09/19
Committee: IMCO
Amendment 464 #
Proposal for a regulation
Article 7 – paragraph 6 a (new)
6 a. The repositories mentioned in article 7.6 should be linked to a centralized and standardized repository set up by the Commission or an ad hoc agency and automatically filled by the political advertising publisher.
2022/09/19
Committee: IMCO
Amendment 466 #
Proposal for a regulation
Article 7 – paragraph 7
7. Member States, including competent authorities, and the Commission shall encourage the drawing up of 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.
2022/09/19
Committee: IMCO
Amendment 469 #
Proposal for a regulation
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, relevant scientific research, market practices, civil society flagging, developments in supervision by competent authorities and relevant guidance issued by competent bodies; such an amendment is necessary for the wider context of the political advertisement and its aims to be understood.
2022/09/19
Committee: IMCO
Amendment 473 #
Proposal for a regulation
Article 7 a (new)
Article 7 a Political Add Library 1. From the entry into force of this regulation the Commission or an had hoc Agency shall set up an online 'European Add Library' gathering all the information requested by article 7 and annex I and II. 2. This Political Add Library will be linked to the repositories mentioned in article 7. 3. It shall define standards of display and research, with data easily accessible to all, machine readable and updated in real time by advertising services providers through automated means.
2022/09/19
Committee: IMCO
Amendment 476 #
Proposal for a regulation
Article 8 – paragraph 1
1. Where they provide political advertising services, advertising publishers shall include information on the amounts or the value of other benefits received or expected 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.
2022/09/19
Committee: IMCO
Amendment 481 #
Proposal for a regulation
Article 8 – paragraph 2
2. Paragraph 1 shall not apply to undertakings qualifying under Article 3(3) of Directive 2013/34/EU.deleted
2022/09/19
Committee: IMCO
Amendment 489 #
Proposal for a regulation
Article 9 – paragraph 1
1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable individuals or entities to notify them, free of charge, that a particular advertisement which they have published does not comply with this Regulation.
2022/09/19
Committee: IMCO
Amendment 502 #
Proposal for a regulation
Article 9 – paragraph 3
3. Political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. The political advertising publisher shall inform individuals or entities of the follow up given to the notification as referred to in paragraph 1.
2022/09/19
Committee: IMCO
Amendment 520 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
1. Competent national authorities shall have the power to request that a provider of political advertising services transmits the information referred to in Articles 6, 7 and 8. The transmitted information must be complete, accurate and trustworthy, and provided in a clear, coherent, consolidated and intelligible format. Where technically possible, tThe information shall also be transmitted in a machine readable format.
2022/09/19
Committee: IMCO
Amendment 525 #
Proposal for a regulation
Article 10 – paragraph 2
2. Upon receipt of a request pursuant to paragraph 1, providers of political advertising services shall, within twoone working days, acknowledge receipt of that request and inform the authority of the steps taken to comply with it. The relevant service provider shall provide the requested information within tenwo working days.
2022/09/19
Committee: IMCO
Amendment 532 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
(b) members of a civil society organisation whose statutory objectives are to protect and promote the public interest, authorised under national or Union law;
2022/09/19
Committee: IMCO
Amendment 538 #
Proposal for a regulation
Article 11 – paragraph 3
3. Following a request from an interested entity, the service provider shall make best efforts to provide the requested information or its reasoned response under paragraph 5, within one month.
2022/09/19
Committee: IMCO
Amendment 539 #
Proposal for a regulation
Article 11 – paragraph 4
4. When preparing the information to be provided pursuant to paragraph 1, the service provider may aggregate the relevant amounts or place them in a range, to the extent necessary to protect its commercial legitimate interests.deleted
2022/09/19
Committee: IMCO
Amendment 541 #
Proposal for a regulation
Article 11 – paragraph 5
5. Where requests pursuant to paragraph 1 are manifestly unfounded, unclear or excessive, in particular because of their lack of clarity,clear the service provider may refuse to respond. In this case, the relevant service provider shall send a reasoned response to the interested entity making the request.
2022/09/19
Committee: IMCO
Amendment 543 #
Proposal for a regulation
Article 11 – paragraph 6
6. Where requests under paragraph 1 are repetitive and their processing involves significant costs, the service provider may charge a reasonable and proportionate fee, which in any event shall not exceed the administrative costs of providing the information requested.deleted
2022/09/19
Committee: IMCO
Amendment 545 #
Proposal for a regulation
Article 11 – paragraph 7
7. Service providers shall bear the burden of demonstrating that a request is manifestly unfounded, unclear or excessive, or that requests are repetitive and involve significant costs to processclear.
2022/09/19
Committee: IMCO
Amendment 553 #
Proposal for a regulation
Article 12 – title
12 Specific requirements related to the use of personal data for targeting and amplification techniques
2022/09/19
Committee: IMCO
Amendment 570 #
Proposal for a regulation
Article 12 a (new)
Article 12 a Specific requirements related to the use of personal data for online political advertising 1. Providers of intermediary services shall not process personal data for the purposes of targeting natural persons for online political advertising. 2. This provision shall not prevent intermediary services from displaying online political advertising based on contextual information such as keywords. 3. The use of the contextual information referred to in paragraph 2 shall only be permissible if it does not allow for the direct, or by means of combining it with other information, indirect identification of a natural person or a group of natural persons.
2022/09/19
Committee: IMCO
Amendment 582 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
1 a. The national regulatory authorities or bodies referred in Article 30 of Directive 2010/13/EU as amended by Directive (EU) 2018/1808 shall have the competence to monitor the application of this Regulation with regard to provisions of Directive 2010/13/EU as amended by Directive (EU) 2018/1808 and shall be responsible for ensuring coordination on those provisions at national and Union level.
2022/09/19
Committee: IMCO
Amendment 594 #
Proposal for a regulation
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, 1a and 2. 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.
2022/09/19
Committee: IMCO
Amendment 611 #
Proposal for a regulation
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 and the European Regulators Group for Audiovisual Media Services, 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.
2022/09/19
Committee: IMCO
Amendment 615 #
Proposal for a regulation
Article 15 – paragraph 7
7. Each Member State shall designate one competent authorityies as a contact point at Union level for the purposes of this Regulation.
2022/09/19
Committee: IMCO
Amendment 638 #
Proposal for a regulation
Article 16 – paragraph 1
1. In relation to Articles 5 to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable cumulatively to providers of political advertising services under their jurisdiction for infringements of the present Regulation, which shall in each individual case be effective, proportionate and dissuasive.
2022/09/19
Committee: IMCO
Amendment 641 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
1 a. To avoid circumvention of the objectives of this regulation, financial penalties shall be of maximum 6% of the global turnover in the preceding financial year and no less than 0,5% to the minimum of EUR 40 000 for each violation;
2022/09/19
Committee: IMCO
Amendment 648 #
Proposal for a regulation
Article 16 – paragraph 4
4. Infringements of Article 7 shall be considered to be particularly serious where they concern political advertising published or disseminated in the run up or during an electoral period and directed to citizens in the Member State in which the relevant election is being organised.
2022/09/19
Committee: IMCO
Amendment 672 #
Proposal for a regulation
Annex I – point b a (new)
(b a) if applicable, the data used to identify the data subjects being targeted for the purpose of online political advertising, including location and special characteristics of the data subjects.
2022/09/19
Committee: IMCO
Amendment 675 #
Proposal for a regulation
Annex I – point d
(d) any election, referendum, or political campaign with which the advertising is linked, if applicable.
2022/09/19
Committee: IMCO
Amendment 680 #
Proposal for a regulation
Annex I – point h
(h) where the publisher is a very large online platform, a link to the advertisement’s location in the publisher’s advertising repository.
2022/09/19
Committee: IMCO