Activities of Clare DALY 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 (61)
Amendment 174 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) harmonised transparency obligations for providers of online political advertising and related services to retain, disclose and publish information connected to the provision of such services;
Amendment 176 #
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 online political advertising that involve the use of personal data.
Amendment 178 #
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
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.
Amendment 180 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to online political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used.
Amendment 182 #
Proposal for a regulation
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
(a) to contribute to the proper functioning of the internal market for online political advertising and related services;
Amendment 191 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
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.
Amendment 192 #
Proposal for a regulation
Article 1 – paragraph 4 b (new)
Article 1 – paragraph 4 b (new)
4 b. This Regulation does not provide for a legal ground that satisfies the requirements of Article 6 of Regulation 2016/679 or Article 5 of Regulation 2018/1725 for the processing of personal data for the purpose of political advertising.
Amendment 197 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
2. ‘online political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, of a messageof a message through digital means:
Amendment 199 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) which is liable to influence the outcome of an election or referendum, or a legislative or regulatory process or voting behaviour.
Amendment 203 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. ‘online political advertisement’ means an instance of online political advertising;
Amendment 209 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. ‘online political advertising campaign’ means the preparation, placement, promotion, publication or dissemination of a series of linked advertisements in the course of a contract for online political advertising, on the basis of common preparation, sponsorship or funding;
Amendment 212 #
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 online political advertisement only to a specific person or group of persons, particularly through the collection of their data for pervasive tracking or online surveillance, or to increase the circulation, reach or visibility of an online political advertisement to a specific person or group of persons;
Amendment 218 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
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 law;
Amendment 220 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
10. ‘relevant electorate’ means the body of individuals eligible to vote in the election or referendum being contested in the Member State in which arespect of which an online political advertisement circulates, which may be the entire electorate of a Member State;
Amendment 221 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
11. ‘Digital political advertising publisher’ means a natural or legal person that broadcasts, makes available through an interface or otherwise brings to the public domain political advertising through any medium;disseminates online political advertisements to the public digital sphere.
Amendment 224 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12 a (new)
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.
Amendment 230 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the online political advertisement or online political advertising campaign to which the service or services are connected;
Amendment 231 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the specific service or services provided in connection to the online political advertising;
Amendment 233 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the amounts they invoiced and recieved for the service or services provided, and the value of other benefits received in part or full exchange for the service or services provided; and
Amendment 234 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
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.
Amendment 236 #
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
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.
Amendment 239 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated to the digital political advertising publisher which will disseminate the online political advertisement to enable digital political advertising publishers to comply with their obligations under this Regulation. That information shall be transmitted, in a timely and accurate manner in accordance with best practice and industry standards, by means of a standardised automated process where technically possible.
Amendment 241 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. In the context of the provision of online political advertising services, eachthe digital political advertisement shall be made available withpublisher shall ensure that political advertisements shall contain the following information in a clear, salient and unambiguous way:
Amendment 248 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
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;
Amendment 255 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
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 indicaand a description of wthere it can be easily retrieved target audience and the factors used to determine the target audience.
Amendment 260 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
In this regard, digital political advertising publishers shall use efficient and prominent marking and labelling techniques that allow the online political advertisement to be easily identified as such and shall ensure that the marking or labelling remains in place in the event an online political advertisement is further disseminated.
Amendment 263 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. The transparency notice shall be included in each online political advertisement or be easily retrievable from it, and shall include the following information:
Amendment 266 #
Proposal for a regulation
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(a a) if applicable, the data used to identify their target audience;
Amendment 267 #
Proposal for a regulation
Article 7 – paragraph 2 – point a b (new)
Article 7 – paragraph 2 – point a b (new)
(a b) if applicable, the source of the data used to determine their target audience;
Amendment 269 #
(b) the period during which the online political advertisement is intended to be published and disseminated;
Amendment 273 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) based among others on information received in line with Article 6(3), information on the aggregated amounts spent or other benefits received in part or full exchange for the preparation, placement, promotion, publication and dissemination of the relevant advertisement, and of the online political advertising campaign where relevant, and their sources;
Amendment 281 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. PDigital political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete and accurate, and where they find this is not the case, they shall not make available the online political advertisement.
Amendment 284 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
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 digital political advertising publisher with the political advertisement from its first publication until one year after its last publication.
Amendment 289 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. PDigital political advertising publishers shall retain their transparency notices together with any modifications for a period of five years after the end of the period referred to in paragraph 4.
Amendment 292 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. PDigital 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.
Amendment 299 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where they provide political advertising services, digital advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and amplification techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements.
Amendment 303 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where they provide online political advertising services, digital advertising publishers shall put in place mechanisms to enable individuals to notify them, free of charge, that a particular advertisement which they have published does not comply with this Regulation.
Amendment 306 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. PDigital political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. The digital political advertising publisher shall inform individuals of the follow up given to the notification as referred to in paragraph 1.
Amendment 309 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to collectively, including by reference to an announcement on the website of the digital political advertising publisher concerned.
Amendment 313 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
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;
Amendment 316 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
Such interested entities shall also include journalists accredited in a Member State by national, European or international bodies.
Amendment 318 #
Proposal for a regulation
Article 11 – paragraph 3
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.
Amendment 319 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Where requests pursuant to paragraph 1 are manifestly unfounded, unclear or excessiveclear, in particular because of their lack of clarity, 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.
Amendment 320 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
Amendment 321 #
Proposal for a regulation
Article 11 – paragraph 7
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 processunclear.
Amendment 323 #
Proposal for a regulation
Chapter III – title
Chapter III – title
III TARGETING AND AMPLIFICATION OF ONLINE POLITICAL ADVERTISING
Amendment 324 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Specific requirements related to the use of personal data for targeting and amplification techniques
Amendment 328 #
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 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 334 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 338 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 344 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 349 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 352 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 355 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
Amendment 358 #
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
Amendment 362 #
Proposal for a regulation
Article 12 a (new)
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.
Amendment 365 #
Proposal for a regulation
Article 13
Article 13
Amendment 367 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. 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, in particular of Article 12. 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 381 #
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 405 #
Proposal for a regulation
Annex I – point b a (new)
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: (a) data relating to the location of the data subjects; (b) data relating to the special characteristics of data subjects.
Amendment 415 #
Proposal for a regulation
Annex II
Annex II