Activities of Anna Júlia DONÁTH related to 2021/0381(COD)
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 (42)
Amendment 97 #
Proposal for a regulation
Recital 3
Recital 3
(3) Given that it is normally but not exclusively provided against remuneration, advertising, including political advertising, constitutes a service activity under Article 57 of the Treaty on the Functioning of the European Union (‘TFEU’). In Declaration No 22, regarding persons with a disability, annexed to the Treaty of Amsterdam, the Conference of the Representatives of the Governments of the Member States agreed that, in drawing up measures under Article 114 of the TFEU, the institutions of the Union are to take account of the needs of persons with disabilities.
Amendment 104 #
Proposal for a regulation
Recital 5
Recital 5
(5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification techniques should be understood as techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisementad delivery techniques are frequently used. 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 fairness, equal opportunities and transparency in the electoral process and the fundamental right to be informed in an objective, transparent and pluralistic waythe freedom to hold opinions and to receive and impart information in an objective, transparent and pluralistic way. This Regulation also aims at protecting free and fair elections, at strengthening the resilience of democratic processes in the EU and at upholding the values on which the Union is founded, as provided for in Article 2 of the Treaty on the European Union.
Amendment 107 #
Proposal for a regulation
Recital 8
Recital 8
(8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing, promoting or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers, and requires complex compliance efforts and additional costs for relevant service providers.
Amendment 110 #
Proposal for a regulation
Recital 10
Recital 10
(10) A consistent and high level of transparency of political advertising throughout the Union should therefore be ensured when political advertising services are provided, while divergences hampering the free circulation of related services within the internal market should be prevented, by laying down uniform transparency and due diligence obligations for providers of political advertising services guaranteeing the uniform protection of rights of persons and supervision throughout the internal market based on Article 114 of the TFEU.
Amendment 112 #
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 and due diligence requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising.
Amendment 113 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Regulation should provide for harmonised transparency and due diligence 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. Those rules should also apply to the sponsoring 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 amplificationd delivery 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. This Regulation should also apply irrespectively of the place of establishment of the sponsor of the political advertising 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.
Amendment 116 #
Proposal for a regulation
Recital 16
Recital 16
(16) The definition of political advertising should include advertising sponsored, promoted, published or disseminated directly or indirectly by or sponsored, promoted, published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature.
Amendment 117 #
Proposal for a regulation
Recital 17
Recital 17
(17) The sponsoring, promotion, publication or dissemination by other actors of a message that is liableaims and is 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 liableaims and is 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 content of the message, the language used to convey the message, the context in which the message is conveyed, the identity of the sponsor, the objective of the message and the means by which the message is published or disseminated, the audience targeted and the objective of the message. 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 120 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is necessary to define political advertisement as an instance of political advertising sponsored, prepared, placed, promoted, published or disseminated by any mean. Advertisements include the means by which the advertising message is communicated, includingsuch as in print, by broadcast media or via an online platforms service.
Amendment 123 #
Proposal for a regulation
Recital 23
Recital 23
(23) The concept of political actors should also include EU institutions, Governments, including from regional and local levels and their respective authorities and bodies, with or without legal personality insofar as their communication can become highly politicized and be assimilated to political advertising. The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European, national, regional or local level. Other political organisations should also be included in that definition.
Amendment 124 #
Proposal for a regulation
Recital 28
Recital 28
(28) Once an advertisement is indicated as being connected to political advertising, this should be clearly indicated to other service providers involved in the political advertising services. In addition, once an advertisement has been identified as political advertisement, its further dissemination should still comply with transparency and due diligence requirements. For instance, when sponsored content is shared organically, the advertising should still be labelled as political advertising.
Amendment 125 #
Proposal for a regulation
Recital 29
Recital 29
(29) The rules on transparency and due diligence laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally but not exclusively provided against remuneration, which may include a 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 by a third party for the political advertisement.
Amendment 129 #
Proposal for a regulation
Recital 31
Recital 31
(31) Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. EveryAny restriction, condition, limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. That is inter alia the case where the political ideas are communicated through advertising service providers.
Amendment 131 #
Proposal for a regulation
Recital 33
Recital 33
(33) The preparation, placement, promotion, publication and dissemination of political advertising can involve a complex chain of service providers. This is the case in particular where the selection of advertising content, the selection of targeting criteria, the provision of data processed and used for the targeting of an advertisement, the provisions of targetingad delivery techniques, the delivery of an advertisement and its dissemination may be controlled by different service providers. For instance, automated services can support matching the profile of the user of an interface with the advertising content provided, using personal data provided directly by the data subject or collected directly from the user of the service and from the users’ online conduct, as well as inferred data.
Amendment 140 #
Proposal for a regulation
Recital 47
Recital 47
(47) Personal data collected directly from individuals, or indirectly such as observed or inferred data, when grouping individuals according to their assumed interests or derived through their online activity, behavioural profiling and other analysis techniques, is increasingly used to target political messages to groups or individual voters or individuals, and to amplify their impact. On the basis of the processing of personal data, in particular data considered sensitive under Regulation (EU) 2016/679 of the European Parliament and of the 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 amplificationd delivery 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).
Amendment 142 #
Proposal for a regulation
Recital 48
Recital 48
(48) Targeting and amplificationAd delivery techniques in the context of political advertising involving the processing of data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 should therefore be prohibited. The use of such techniques should only be allowed when carried out by the controller, or someone acting on its behalf, on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation, association or any other not- for-profit body with a political, philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. This should be accompanied by specific safeguards. Consent should be understood as consent within the meaning of Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. Therefore, it should not be possible to rely on the exceptions as laid down in Article 9(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2016/679 and Article 10(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2018/1725 respectively for using techniques targeting and amplification techniques to publish, promote or disseminate political advertising involving the processing of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and 10(1) of Regulation (EU) 2018/725.
Amendment 146 #
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48 a) Targeting techniques in the context of political advertising that involve the processing of observed or inferred personal data should be prohibited. Targeting techniques in the context of political advertising that involve provided personal data should be limited to gender, age, the location, the languages spoken by the data subject.
Amendment 147 #
Proposal for a regulation
Recital 48 b (new)
Recital 48 b (new)
(48 b) This prohibition shall not apply to internal communications from a political party to its members, as long as those communications are strictly limited to the members of the political parties and are based on personal data provided by the member.
Amendment 165 #
Proposal for a regulation
Recital 59 a (new)
Recital 59 a (new)
(59 a) For oversight of Article 12 of this Regulation in case of very large online platforms and very large search engines the European Data Protection Board should be the competent authority.
Amendment 167 #
Proposal for a regulation
Recital 62 a (new)
Recital 62 a (new)
(62 a) In the case of very large online platforms and very large online search engines the European Election Authority should have competence over breaches of this Regulation, except over Article 12.
Amendment 169 #
Proposal for a regulation
Recital 63
Recital 63
(63) Member States authorities, the European Data Protection Board and the European Election Authority should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or financialother penalties. When doing so, they should take into account the nature, gravity, recurrence and duration of the infringement in view of the public interest at stake, the scope and kind of activities carried out, as well as the 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 or other 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.
Amendment 172 #
Proposal for a regulation
Recital 70
Recital 70
(70) This Regulation is without prejudice to the rules laid down in particular by Directive 2000/31/EC, including the liability rules for intermediary service providers in Articles 12 to 15 of that Directive as modified by Regulation (EU) 2021/xxx [the Digital Services Act], Regulation (EU) 2021/xxx [the Digital Markets Act], Directive 2002/58/EC and Regulation (EU) XXX [ePrivacy Regulation], as well as Directive (EU) 2010/13, Directive 2000/31/EC, Directive 2002/58/EC, Directive 2005/29/EC, Directive 2011/83/EU, Directive 2006/114/EC, Directive 2006/123/EC and Regulation (EU) 2019/1150. This regulation complements and is without prejudice to the European data protection rules, in particular Regulation (ET) 2016/679, Regulation (EU) 2018/1725, Directive 2002/58/EC and Regulation (EU) XXX [ePrivacy Regulation]. None of the provisions in this Regulation can be applied or interpreted in such way as to diminish of limit the level of protection offered by the fundamental rights to private life and data protection as protected in the Charter of Fundamental Rights and in the Union law on data protection and privacy.
Amendment 227 #
Proposal for a regulation
Recital 40
Recital 40
(40) The information to be included in the transparency notice should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisement. The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or with the advertisementPolitical advertising publishers should ensure that each political advertisement contains a clear indication of where the transparency notice could be easily retrieved. The presentation of the information may vary depending on the means used. The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in the advertisement - use could be made, for example, of a dedicated webpage link, a Quick Response code (or “QR code”), or equivalent clear and user-friendly technical measures. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive 2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities.
Amendment 256 #
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(c a) a statement on the cost of that individual advertising;
Amendment 281 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. Political views and opinions expressed under the editorial responsibility of a service provider, in the programmes of audio and audiovisual media, or published in print or online media shall not be considered political advertising unless specific payment or other remuneration is provided for their preparation, placement, promotion, publication or dissemination.
Amendment 369 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1 a. In case the political advertising publisher is a very large online platform or of a very large online search engine the European Data Protection Board may initiate proceedings if it suspects the infringement of the Article 12 of this Regulation.
Amendment 370 #
Proposal for a regulation
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
1 b. The initiation of proceedings pursuant to paragraph 1a of this Article by the European Data Protection Board shall relieve the national data protection authority or authorities, or any competent authority where applicable, of its powers to supervise and enforce the obligations under this Regulation.
Amendment 371 #
Proposal for a regulation
Article 15 – paragraph 1 c (new)
Article 15 – paragraph 1 c (new)
1 c. The national data protection authorities shall, without undue delay after being informed of initiation of the proceedings, transmit to the European Data Protection Board any information they hold about the infringement at stake.
Amendment 372 #
Proposal for a regulation
Article 15 – paragraph 1 d (new)
Article 15 – paragraph 1 d (new)
Amendment 377 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have the power to request to access data, documentfollowing powers for the performance of their supervisory tasks: (a) the power to request data, information without undue delay from political actors, political advertising service providers, sponsors and publishers, as well as any other persons in relation of their profession may reasonably be aware of a suspected infringement of this Regulation; (b) the power to request a judicial authority of the relevant Member State to order, on-site inspections orf any necessary information from providers of political advertising services fpremises that those political advertising service providers, sponsors or publishers or other persons use for the purpose of their profession in order to examine, seize, take or obtain any evidence including copies of information relating to a suspected infringement; (c) the power to ask any member of staff or representative of political advertising service providers, sponsors or publishers or those performance of their supervisory tasks. sons to give a statement or provide an explanation in respect of any information relating to a suspected infringement; (d) the power to request any person in political advertising to provide their expertise relating to a suspected infringement; (e) the power to hold a hearing in relation to a suspected infringement in case it is necessary.
Amendment 379 #
Proposal for a regulation
Article 15 – paragraph 5 – point c a (new)
Article 15 – paragraph 5 – point c a (new)
(c a) impose a periodic administrative fines and financial penalties;
Amendment 380 #
Proposal for a regulation
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5 a. Member States shall report annually to the Commission of the type of sanctions used and the amount of the administrative fines and financial penalties imposed under this subparagraph. The Commission shall summarise and evaluate these reports annually and also as part of the review process provided for in Article 18.
Amendment 384 #
Proposal for a regulation
Article 15 – paragraph 8 a (new)
Article 15 – paragraph 8 a (new)
8 a. Where the provider of political advertising services is a very large online platform or a very large online search engine the European Election Authority may initiate proceedings if it suspects any infringement of this Regulation, except of Article 12.
Amendment 385 #
Proposal for a regulation
Article 15 – paragraph 8 b (new)
Article 15 – paragraph 8 b (new)
8 b. The initiation of proceedings pursuant to paragraph 1a of this Article by the European Election Authority shall relieve the national authority or authorities, or any competent authority where applicable, of its powers to supervise and enforce the obligations under this Regulation.
Amendment 386 #
Proposal for a regulation
Article 15 – paragraph 8 c (new)
Article 15 – paragraph 8 c (new)
Amendment 387 #
Proposal for a regulation
Article 15 – paragraph 8 d (new)
Article 15 – paragraph 8 d (new)
8 d. In the exercise of its powers of investigation under this Regulation the European Election Authority may request the individual or joint support of any national authority concerned by the suspected infringement, including the authority of establishment.
Amendment 388 #
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Contact points shall meet periodically at Union level in the framework of the European Cooperation Network on Elections jointly with the European Election Authority to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation.
Amendment 392 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Sanctions shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules within twelve months of the entry into force of this Regulation and shall notify it, without delay, of any subsequent amendments affecting them.
Amendment 397 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Amendment 437 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Political advertising publishers shall make reasonablebest efforts to ensure that the information referred to in paragraphs 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement. accurate. Where the political advertising publisher becomes aware that the information referred to in paragraphs 1 and 2 is incomplete or inaccurate, it shall make best efforts, including by contacting the sponsor or the providers of political advertising services concerned to complete or correct the information. Where the information cannot be completed or corrected, the political advertising publisher shall not make available or shall discontinue without undue delay the promotion, publication or dissemination of the political advertisement. Political advertising publisher shall inform without undue delay sponsors or providers of political advertising services concerned about any decisions taken in connection with this paragraph. When the sponsor or the providers of political advertising services becomes aware that information transmitted to or published by the political advertising publisher is incomplete or inaccurate, it shall contact, without undue delay, the political advertising publisher concerned and, as relevant, shall transmit completed or corrected information to the political advertising publisher.
Amendment 587 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. The European Commission shall have exclusive competence to monitor the compliance of very large online platforms and very large search engines within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in this Regulation.
Amendment 651 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)