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154 Amendments of Jorge BUXADÉ VILLALBA related to 2021/0381(COD)

Amendment 65 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the transparency and targeting of political advertising (Text with EEA relevance)deleted
2022/09/16
Committee: JURI
Amendment 67 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the transparency and targeting of political advertising (Text with EEA relevance)
2022/09/16
Committee: JURI
Amendment 68 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 1
(1) The supply of and demand for political advertising are growing and increasingly cross-border in nature. A large, diversified and increasing number of services are associated with that activity, such as political consultancies, advertising agencies, “ad-tech” platforms, public relations firms, influencers and various data analytics and brokerage operators. Political advertising can take many forms including paid content, sponsored search results, paid targeted messages, promotion in rankings, promotion of something or someone integrated into content such as product placement, influencers and other endorsements. Related activities can involve for instance the dissemination of political advertising upon request of a sponsor or the publication of content against payment.deleted
2022/09/16
Committee: JURI
Amendment 69 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 2
(2) Political advertising can be disseminated or published through various means and media across borders. It can be disseminated or published via traditional offline media such as newspapers, television and radio, and also increasingly via online platforms, websites, mobile applications, computer games and other digital interfaces. The latter are not only particularly prone to be offered cross-border, but also raise novel and difficult regulatory and enforcement challenges. The use of online political advertising is strongly increasing, and certain linear offline forms of political advertising, such as radio and television, are also offered online as on-demand services. Political advertising campaigns tend to be organised to make use of a range of media and forms.deleted
2022/09/16
Committee: JURI
Amendment 72 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 3
(3) Given that it is normally 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.deleted
2022/09/16
Committee: JURI
Amendment 74 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
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’). 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.deleted
2022/09/16
Committee: JURI
Amendment 80 #
Jorge BUXADÉ VILLALBA
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. 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 way.deleted
2022/09/16
Committee: JURI
Amendment 84 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 6
(6) 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.deleted
2022/09/16
Committee: JURI
Amendment 87 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 7
(7) To provide enhanced transparency of political advertising including to address citizens' concerns, some Member States have already explored or are considering additional measures to address the transparency of political advertising and to support a fair political debate and free and fair elections or referendums. These national measures are in particular considered for advertising published and disseminated online and may include further prohibitions. These measures vary from soft to binding measures and imply different elements of transparency.deleted
2022/09/16
Committee: JURI
Amendment 90 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
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 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.deleted
2022/09/16
Committee: JURI
Amendment 93 #
Jorge BUXADÉ VILLALBA
(9) In this context, providers of political advertising services are likely to be discouraged from providing their political advertising services in cross- border situations. This is particularly true for microenterprises and SMEs, which often do not have the resources to absorb or pass on the high compliance costs connected to the preparation, placement, publication or dissemination of political advertising in more than one Member State. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi-medium and multi-national campaigns within the internal market.deleted
2022/09/16
Committee: JURI
Amendment 96 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
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 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.deleted
2022/09/16
Committee: JURI
Amendment 97 #
Jorge BUXADÉ VILLALBA
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.deleted
2022/09/16
Committee: JURI
Amendment 101 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 12
(12) Full harmonisation of the transparency requirements should be without prejudice to the freedom of providers of political advertising services to provide on a voluntary basis further information on political advertising, as part of the freedom of expression protected under Article 11 of the Charter of Fundamental Rights.deleted
2022/09/16
Committee: JURI
Amendment 102 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 13
(13) This Regulation should not affect the substantive content of political advertising nor rules regulating the display of political advertising including so-called silence periods preceding elections or referendums.deleted
2022/09/16
Committee: JURI
Amendment 103 #
Jorge BUXADÉ VILLALBA
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.deleted
2022/09/16
Committee: JURI
Amendment 106 #
Jorge BUXADÉ VILLALBA
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 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.deleted
2022/09/16
Committee: JURI
Amendment 109 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 16
(16) The definition of political advertising should include advertising published or disseminated directly or indirectly by or 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.deleted
2022/09/16
Committee: JURI
Amendment 111 #
Jorge BUXADÉ VILLALBA
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 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.deleted
2022/09/16
Committee: JURI
Amendment 115 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 18
(18) Practical information from official sources regarding the organisation and modalities for participation in the elections or referendums should not constitute political advertising.deleted
2022/09/16
Committee: JURI
Amendment 117 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 19
(19) Political views expressed 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.deleted
2022/09/16
Committee: JURI
Amendment 123 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 20
(20) For the purpose of this Regulation, election should be understood as the elections to the European Parliament as well as all elections or referendums organised at national, regional and local level in the Member States and elections to establish political party leadership. It should not include other forms of elections such as privately organised ballots.deleted
2022/09/16
Committee: JURI
Amendment 124 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 21
(21) It is necessary to define political advertisement as an instance of political advertising. Advertisements include the means by which the advertising message is communicated, including in print, by broadcast media or via an online platforms service.deleted
2022/09/16
Committee: JURI
Amendment 127 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 22
(22) Political actors within the meaning of this Regulation should refer to concepts defined under Union law, as well as under national law in line with international legal instruments such as those of the Council of Europe. The concept of political parties should include their affiliated and subsidiary entities established, with or without legal personality, in order to support them or pursue their objectives, for instance by engaging with a specific group of voters or for a specific electoral purpose.deleted
2022/09/16
Committee: JURI
Amendment 128 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 23
(23) The concept of political actors should also include undelected 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.
2022/09/16
Committee: JURI
Amendment 130 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 24
(24) An advertising campaign should refer to the preparation, publication and dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship and funding. It should include the preparation, placement, promotion, publication and dissemination of an advertisement or versions of an advertisement on different media and at different times within the same electoral cycle.deleted
2022/09/16
Committee: JURI
Amendment 133 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 25
(25) The definition of political advertising should not affect national definitions of political party, political aims or campaign periods at national level.deleted
2022/09/16
Committee: JURI
Amendment 134 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 26
(26) In order to cover the broad range of relevant service providers connected to political advertising services, providers of political advertising services should be understood as comprising providers involved in the preparation, placement, promotion, publication and dissemination of political advertising.deleted
2022/09/16
Committee: JURI
Amendment 136 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 27
(27) The notion of political advertising services should not include messages that are shared by individuals in their purely personal capacity. Individuals should not be considered as acting in their personal capacity if they are publishing messages the dissemination or publication of which is paid for by another.deleted
2022/09/16
Committee: JURI
Amendment 139 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
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 requirements. For instance, when sponsored content is shared organically, the advertising should still be labelled as political advertising.deleted
2022/09/16
Committee: JURI
Amendment 140 #
Jorge BUXADÉ VILLALBA
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 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.deleted
2022/09/16
Committee: JURI
Amendment 141 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 30
(30) The transparency requirements should also not apply to the sharing of information through electronic communication services such as electronic message services or telephone calls, as long as no political advertising service is involved.deleted
2022/09/16
Committee: JURI
Amendment 144 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 31
(31) Freedom of expression as protected by Article 11 of the Charter of Fundamental Rights covers an individual’s right to hold political opinions, receive and impart political information and share political ideas. Every limitation to it has to comply with Article 52 of the Charter of Fundamental Rights and that freedom can be subject to modulations and restrictions where they are justified by the pursuit of a legitimate public interest and comply with the general principles of EU law, such as proportionality and legal certainty. That is inter alia the case where the political ideas are communicated through advertising service providers.deleted
2022/09/16
Committee: JURI
Amendment 146 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 32
(32) As regards online intermediaries, Regulation (EU) 2021/XX [Digital Services Act] applies to political advertisements published or disseminated by online intermediaries through horizontal rules applicable to all types of online advertising, including commercial and political advertisements. Based on the definition of political advertising established in this Regulation, it is appropriate to provide additional granularity of the transparency requirements laid out for advertising publishers falling under the scope of Regulation (EU) 2021/XX [Digital Services Act], notably very large platforms. This concerns in particular information related to the funding of political advertisements. The requirements of this Regulation leave unaffected the provisions of the Digital Services Act, including as regards risk assessment and mitigation obligations for very large online platforms as regards their advertising systems.deleted
2022/09/16
Committee: JURI
Amendment 147 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
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 used for the targeting of an advertisement, the provisions of targeting 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 collected directly from the user of the service and from the users’ online conduct, as well as inferred data.deleted
2022/09/16
Committee: JURI
Amendment 149 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 34
(34) In view of the importance of guaranteeing in particular the effectiveness of the transparency requirements including to ease their oversight, providers of political advertising services should ensure that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is provided to the political advertising publisher which brings the political advertisement to the public. In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should consider and support automating the transmission of information among providers of political advertising services.deleted
2022/09/16
Committee: JURI
Amendment 151 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 35
(35) Where an artificial commercial or contractual construction risks circumventing the effectiveness of the transparency obligations laid down in the Regulation, those obligations should apply to the entity or entities that in substance provide the advertising service.deleted
2022/09/16
Committee: JURI
Amendment 152 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 36
(36) Steps could also include providing an efficient mechanism for individuals to indicate that a political advertisement is political, and taking effective action in response to such indications.deleted
2022/09/16
Committee: JURI
Amendment 154 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 37
(37) While providing for specific requirements, none of the obligations laid down in this Regulation should be understood as imposing a general monitoring obligation on intermediary service providers for political content shared by natural or legal persons, nor should they be understood as imposing a general obligation on intermediary service providers to take proactive measures in relation to illegal content or activities which those providers transmit or store.deleted
2022/09/16
Committee: JURI
Amendment 156 #
Jorge BUXADÉ VILLALBA
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 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.deleted
2022/09/16
Committee: JURI
Amendment 159 #
Jorge BUXADÉ VILLALBA
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].deleted
2022/09/16
Committee: JURI
Amendment 161 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
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 advertisement. 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.deleted
2022/09/16
Committee: JURI
Amendment 162 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
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 one year after the last publication. The retained information should also include information about political advertising which was terminated or which was taken down by the publisher.deleted
2022/09/16
Committee: JURI
Amendment 167 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 42
(42) Since political advertising publishers make political advertisements available to the public, they should publish or disseminate that information to the public together with the publication or dissemination of the political advertisement. Political advertising publishers should not make available to the public those political advertisements not fulfilling the transparency requirements under this Regulation. In addition, political advertising publishers which are very large online platforms within the meaning of Regulation (EU) 2021/XXX [Digital Services Act] should make the information contained in the transparency notice available through the repositories of advertisements published pursuant to Article 30 Regulation [Digital Services Act] . This will facilitate the work of interested actors including researchers in their specific role to support free and fair elections or referendums and fair electoral campaigns including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape.deleted
2022/09/16
Committee: JURI
Amendment 169 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 43
(43) Where the provider of the political advertising service which hosts or otherwise stores and provides the content of a political advertisement is separate from the provider of the political advertising service which controls the website or other interface which eventually displays the political advertisement, these should be considered together as advertising publishers, with respective responsibility in respect of the specific service they provide, to ensure that labelling is provided and that the transparency notice and relevant information is available. Their contractual arrangements should reflect the way they organise compliance with this Regulation.deleted
2022/09/16
Committee: JURI
Amendment 170 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 44
(44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article 3(3) of Directive 2013/34/EU.deleted
2022/09/16
Committee: JURI
Amendment 174 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 45
(45) Political advertising publishers providing political advertising services should put in place mechanisms to enable individuals to report to them that a particular political advertisement which they have published does not comply with this Regulation. The mechanisms to report such advertisement should be easy to access and use, and should be adapted to the form of advertising distributed by the advertising publisher. As far as possible, these mechanisms should be accessible from the advertisement itself, for instance on the advertising publisher’s website. Political advertising publishers should be able to rely on existing mechanisms where appropriate . Where political advertising publishers are online hosting services providers within the meaning of the Digital Services Act, with regards to the political advertisements hosted at the request of the recipients of their services, the provisions of Article 14 of the Digital Services Act continue to apply for notifications concerning non- compliance of such advertisements with this Regulation.deleted
2022/09/16
Committee: JURI
Amendment 176 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 46
(46) In order to allow specific entities to play their role in democracies, it is appropriate to lay down rules on the transmission of information published with the political advertisement or contained in the transparency notice to interested actors such as vetted researchers, journalists, civil society organisations and accredited election observers, in order to support the performance of their respective roles in the democratic process. Providers of political advertising services should not be required to respond to requests which are manifestly unfounded or excessive. Further, the relevant service provider should be allowed to charge a reasonable fee in case of repetitive and costly requests, taking into account the administrative costs of providing the information.deleted
2022/09/16
Committee: JURI
Amendment 178 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
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 Council11and 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).deleted
2022/09/16
Committee: JURI
Amendment 181 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 48
(48) Targeting and amplification techniques in the context of political advertising involving the processing of data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 should therefore be prohibited. The use of such techniques should only be allowed when carried out by the controller, or someone acting on its behalf, on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation, association or any other not- for-profit body with a political, philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. This should be accompanied by specific safeguards. Consent should be understood as consent within the meaning of Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. 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.deleted
2022/09/16
Committee: JURI
Amendment 185 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 49
(49) In order to ensure enhanced transparency and accountability, when making use of targeting and amplification techniques in the context of political advertising involving the processing of personal data, controllers should implement additional safeguards. They should adopt and implement a policy describing the use of such techniques to target individuals or amplify their content and keep record of their relevant activities. When publishing, promoting or disseminating a political advertisement making use of targeting and amplification techniques, controllers should provide, together with the political advertisement, meaningful information to allow the concerned individual to understand the logic involved and main parameters of the targeting used, and the use of third-party data and additional analytical techniques, including whether the targeting of the advertisement was further optimised during delivery.deleted
2022/09/16
Committee: JURI
Amendment 189 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 50
(50) Political advertising publishers making use of targeting or amplification techniques should include in their transparency notice information necessary to allow the concerned individual to understand the logic involved and main parameters of the technique used, and the use of third-party data and additional analytical techniques used and a link to the relevant policy of the controller. In case the controller is different from the advertising publisher the controller should transmit to political advertising publisher the internal policy or a reference to it. Providers of advertising services should, as necessary, transmit to the political advertising publisher the information necessary to comply with their obligations under this Regulation. The provision of such information could be automated and integrated in the ordinary business processes on the basis of standards.deleted
2022/09/16
Committee: JURI
Amendment 193 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 51
(51) In order to further empower individuals to exercise their data protection rights, political advertising publishers should provide additional information and effective tools to the concerned data subject to support the exercise of their rights under the EU data protection legal framework including to object or withdraw their consent when targeted with a political advertisement. This information should also be easily accessible directly from the transparency notice. The tools made available to the individuals to support the exercise of their rights should be effective to prevent an individual from being targeted with political advertisements, as well as to prevent targeting on the basis of specific criteria and by one or several specific controllers.deleted
2022/09/16
Committee: JURI
Amendment 196 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 52
(52) The Commission should encourage the drawing up of codes of conduct as referred to in Article 40 of Regulation (EU) 2016/679 to support the exercise of data subjects’ rights in this context.deleted
2022/09/16
Committee: JURI
Amendment 199 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 53
(53) Information to be provided in accordance with all requirements applicable to the use of targeting and amplification techniques under this Regulation should be presented in a format which is easily accessible, clearly visible and user-friendly, including through the use of plain language.deleted
2022/09/16
Committee: JURI
Amendment 203 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 54
(54) It is appropriate to lay down rules on the transmission of information on targeting to other interested entities. The applicable regime should be consistent with the regime for the transmission of information linked to the transparency requirements.deleted
2022/09/16
Committee: JURI
Amendment 206 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 55
(55) Providers of political advertising services established in a third country that offer services in the Union should designate a mandated legal representative in the Union to allow for effective oversight of this Regulation in relation to those providers. The legal representative could be the one designated on the basis of Article 27 of Regulation (EU) 2016/679) or the representative designated on the basis of Article 11 of Regulation (EU) 2021/xxx [the DSA].deleted
2022/09/16
Committee: JURI
Amendment 207 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
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 and Regulation (EU) 2021/xxx [Digital Services Act], different national judicial or administrative authorities may be designated to that effect.deleted
2022/09/16
Committee: JURI
Amendment 209 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 57
(57) As regards the supervision of online intermediary services under this Regulation, Member States should designate competent authorities and ensure that such supervision is coherent with the competent authorities designated pursuant to Article 38 of Regulation (EU) [Digital Services Act]. Digital Services Coordinators, pursuant to Regulation (EU) Digital Services Act, in each Member State should in any event be responsible for ensuring coordination at national level in respect to those matters and engage, where necessary, cross- border cooperation with other Digital Services Coordinators following the mechanisms laid down in Regulation (EU) [Digital Services Act]. In the framework of application of this Regulation, this mechanism should be limited to the national cooperation across Digital Services Coordinators [and should not include the escalation to the Union level as provided by the Regulation (EU) [Digital Services Act].deleted
2022/09/16
Committee: JURI
Amendment 210 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
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, Regulation (EU) 2018/725 Member States should designate competent authorities. 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).deleted
2022/09/16
Committee: JURI
Amendment 215 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
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.deleted
2022/09/16
Committee: JURI
Amendment 218 #
Jorge BUXADÉ VILLALBA
(60) Authorities competent for the oversight of this Regulation should cooperate with each other both at national and at EU level making best use of existing structures including national cooperation networks, the European Cooperation Network on Elections as referred to in Recommendation C(2018) 5949 final, and the European Regulators Group for Audiovisual Media Services established under Directive 2010/13/EU. Such cooperation should facilitate the swift, 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.deleted
2022/09/16
Committee: JURI
Amendment 219 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 61
(61) With a view to facilitating the effective application of the obligations set out in the regulation, it is necessary to empower national authorities to request from the services providers the relevant information on the transparency of political advertisement. Information to be transmitted to competent authorities could concern an advertising campaign, be aggregated by years or concern specific advertisements. In order to ensure that the requests for such information can be complied with in an effective and efficient manner, and at the same time that the providers of political advertising services are not subject to any disproportionate burdens, it is necessary to set certain conditions that those requests should meet. In the interest of the timely oversight of an election process in particular, providers of political advertising services should quickly respond to requests from competent authorities, and always within 10 working days upon receipt of the measure. In the interest of legal certainty and in compliance with the rights of defence, requests to provide information from a competent authority should contain an adequate statement of reasons and information about available redress. Providers of political advertising services should designate contact points for the interaction with the competent authorities. Such contact points could be electronic.deleted
2022/09/16
Committee: JURI
Amendment 221 #
Jorge BUXADÉ VILLALBA
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
2022/09/16
Committee: JURI
Amendment 224 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
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, 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 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.deleted
2022/09/16
Committee: JURI
Amendment 228 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 64
(64) The exercise by the competent authorities of their powers under this Regulation should be subject to appropriate procedural safeguards in accordance with Union and national law, including effective judicial remedy and due process.deleted
2022/09/16
Committee: JURI
Amendment 229 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 65
(65) Member States should publish the exact duration of their electoral periods, established according to their electoral traditions, sufficiently in advance of the beginning of the electoral calendar.deleted
2022/09/16
Committee: JURI
Amendment 231 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 66
(66) In order to fulfil the objectives of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of Article 7(7) to further specify the form in which the requirements for the provision of information in the transparency notices according to that Article should be provided; and in respect of Article 12(8) to further specify the form in which the requirements of the provision of information about targeting should be provided. It is of particular importance that the Commission carries out appropriate consultations, including of experts designated by each Member State, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.deleted
2022/09/16
Committee: JURI
Amendment 233 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 67
(67) Within two years after each election to the European Parliament, the Commission should submit a public report on the evaluation and review of this Regulation. In preparing that report the Commission should also take into account the implementation of this Regulation in the context of other elections and referendums taking place in the Union. The report should review inter alia the continued suitability of the provisions of this Regulation’s annexes and consider the need for their revision.deleted
2022/09/16
Committee: JURI
Amendment 236 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 68
(68) Complementary obligations on the use of political advertising by European political parties are provided in Regulation (EU) 1141/2014 on the statute and funding of European political parties and foundations.deleted
2022/09/16
Committee: JURI
Amendment 237 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 69
(69) Since the objectives of this Regulation, namely the contribution to the proper functioning of the internal market for political advertising and related services and the establishment of rules on the use of targeting in the context of the publication and dissemination of political advertising, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt this Regulation, in accordance with the principle of subsidiarity as set out in Article 5 of the TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.deleted
2022/09/16
Committee: JURI
Amendment 238 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
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.deleted
2022/09/16
Committee: JURI
Amendment 239 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Recital 71
(71) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on XX XX 2022.deleted
2022/09/16
Committee: JURI
Amendment 240 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 1
1. This Regulation lays down: (a) harmonised transparency obligations for providers of political advertising and related services to retain, disclose and publish information connected to the provision of such services; (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 of personal data. 2. This Regulation shall apply to 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. 3. The aims of this Regulation are: (a) to contribute to the proper functioning of the internal market for political advertising and related services; (b) to protect natural persons with regard to the processing of personal data. 4. This Regulation is without prejudice to the rules laid down in the following: (a) Directive 2000/31/EC; (b) Directive 2002/58/EC and Regulation (EU) XXX [ePrivacy Regulation]; (c) Directive 2005/29/EC; (d) Directive 2006/114/EC; (e) Directive 2006/123/EC; (f) Directive (EU) 2010/13; (g) Directive 2011/83/EU; (h) Regulation (EU) 2019/1150; (i) Regulation (EU) 2021/xxx [the Digital Services Act].Article 1 deleted Subject matter and scope
2022/09/16
Committee: JURI
Amendment 260 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 2
[...]deleted
2022/09/16
Committee: JURI
Amendment 264 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means and during an electoral period, of a message:
2022/09/16
Committee: JURI
Amendment 267 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
(a) by, for or on behalf of a political actor, unless it is of a purely private or a purely commercial nature; or
2022/09/16
Committee: JURI
Amendment 269 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
(b) which is liable to influence the outcome of anthe election or referendum, a legislative or regulatory process or voting behaviour.;
2022/09/16
Committee: JURI
Amendment 272 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a
(a) a political party within the meaning of Article 2(1) Regulation (EU, Euratom) No 1141/2014 or an entity directly or indirectly related to the sphere of activity of such a political party;deleted
2022/09/16
Committee: JURI
Amendment 277 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point b
(b) a political alliance within the meaning of Article 2(2) of Regulation (EU, Euratom) No 1141/2014;deleted
2022/09/16
Committee: JURI
Amendment 278 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point d
(d) a candidate for any delected office at European, national, regional and local level, or for one of the leadership positions within a political party;
2022/09/16
Committee: JURI
Amendment 279 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point e
(e) an delected official within a public institution at European, national, regional or local level;
2022/09/16
Committee: JURI
Amendment 280 #
Jorge BUXADÉ VILLALBA
(f) an undelected member of government at European, national, regional or local level;
2022/09/16
Committee: JURI
Amendment 282 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point h
(h) any natural or legal person representing or acting on behalf of any of the persons or organisations in points (a) to (g), promoting the political objectives of any of those.deleted
2022/09/16
Committee: JURI
Amendment 284 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point h a (new)
(ha) any non-governmental organisation operating in the Union area and receiving public funds directly or indirectly;
2022/09/16
Committee: JURI
Amendment 285 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 2 – paragraph 1 – point 5
5. ‘political advertising service’ means a service consisting of political advertising with the exception of an online intermediary service within the meaning of Article 2(f) of Regulation (EU) 2021/XXX [Digital Services Act] that is provided without consideration for the placement, publication or dissemination for the specific message;
2022/09/16
Committee: JURI
Amendment 286 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 2 – paragraph 1 – point 5
5. ‘political advertising service’ means a service consisting of political advertising with the exception of an online intermediary service within the meaning of, including Information Society services as defined in Article 2(f1(2) of Regulation (EU) 2021/XXX [Digital Services Act] that is provided without consideration for the placement, publication or disseminDirective 98/48/EC of 20 July 1998 amending Directive 98/34/EC laying down a procedure for the provision of information forin the specific message;field of technical standards and regulations.
2022/09/16
Committee: JURI
Amendment 292 #
Jorge BUXADÉ VILLALBA
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 national rules;
2022/09/16
Committee: JURI
Amendment 295 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 2 – paragraph 1 – point 11
11. ‘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 physical or electronic medium;
2022/09/16
Committee: JURI
Amendment 301 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 3
1. Member States shall not maintain or introduce, on grounds related to transparency, provisions or measures diverging from those laid down in this Regulation. 2. The provisions of political advertising services shall not be prohibited nor restricted on grounds related to transparency when the requirements of this Regulation are complied with.Article 3 deleted Level of Harmonisation
2022/09/16
Committee: JURI
Amendment 305 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 4
4 Political advertising services shall be accordance with the obligations laid down Political advertising services shall be provided in a transparent manner in accordance with the obligations laid dowArticle 4 deleted provided in a transparent manner in in Articles 5 to 11 and 14 of this Regulation.
2022/09/16
Committee: JURI
Amendment 308 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 5
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. 2. Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service specify how the relevant provisions of this Regulation are complied with.Article 5 deleted Identification of political advertising services
2022/09/16
Committee: JURI
Amendment 311 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 6
Record-keeping and information 1. Providers of political advertising services shall retain information they collect in the provision of their services, on the following: (a) the political advertisement or political advertising campaign to which the service or services are connected; (b) the specific service or services provided in connection to the political advertising; (c) the amounts they invoiced 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 (d) where applicable, the identity of the sponsor and its contact details. 2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be retained for a period of five years from the date of the last preparation, placement, publication or dissemination, as the case may be. 3. Providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated to the political advertising publisher which will disseminate the political advertisement to enable political advertising publishers to comply with their obligations under this Regulation. That information shall be transmitted, in a timely and accurate manner in accordance with best practice and industry standards, by means of a standardised automated process where technically possible.Article 6 deleted transmission
2022/09/16
Committee: JURI
Amendment 314 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 6 – paragraph 2
2. The information referred to in paragraph 1 shall be in writing and may be in electronic form. Such information shall be retained for a period of five years from the date of the last preparation, placement, publication or dissemination, as the case may bto be established by each Member State.
2022/09/16
Committee: JURI
Amendment 316 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 6 – paragraph 3
3. Providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated to the political advertising publisher which will disseminate the political advertisement to enable political advertising publishers to comply with their obligations under this Regulation. That information shall be transmitted, in a timely and accurate manner in accordance with best practice and industry standards, by means of a standardised automated process where technically possible.deleted
2022/09/16
Committee: JURI
Amendment 317 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 7
[...]deleted
2022/09/16
Committee: JURI
Amendment 326 #
Jorge BUXADÉ VILLALBA
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 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;deleted
2022/09/16
Committee: JURI
Amendment 334 #
Jorge BUXADÉ VILLALBA
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, and, where they find this is not the case, they shall not makepoint this out when making available the political advertisement.
2022/09/16
Committee: JURI
Amendment 341 #
Jorge BUXADÉ VILLALBA
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 five years after the end of the period referred to in paragraph 4to be established by each Member State.
2022/09/16
Committee: JURI
Amendment 346 #
Jorge BUXADÉ VILLALBA
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.
2022/09/16
Committee: JURI
Amendment 347 #
Jorge BUXADÉ VILLALBA
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, such an amendment is necessary for the wider context of the political advertisement and its aims to be understood.
2022/09/16
Committee: JURI
Amendment 350 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 8
Periodic reporting on political advertising 1. Where they provide political advertising services, 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. 2. Paragraph 1 shall not apply to undertakings qualifying under Article 3(3) of Directive 2013/34/EU.Article 8 deleted services
2022/09/16
Committee: JURI
Amendment 354 #
Jorge BUXADÉ VILLALBA
Indicating possibly unlawful political 1. Where they provide political advertising services, 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. 2. Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy to access, including from the transparency notice. 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 of the follow up given to the notification as referred to in paragraph 1. 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 political advertising publisher concerned.Article 9 deleted advertisements
2022/09/16
Committee: JURI
Amendment 355 #
Jorge BUXADÉ VILLALBA
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 to notify them, free of charge, that a particular advertisement which they have published does not comply with this Regulation.deleted
2022/09/16
Committee: JURI
Amendment 357 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 9 – paragraph 2
2. Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy to access, including from the transparency notice.deleted
2022/09/16
Committee: JURI
Amendment 359 #
Jorge BUXADÉ VILLALBA
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 of the follow up given to the notification as referred to in paragraph 1.deleted
2022/09/16
Committee: JURI
Amendment 362 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
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 political advertising publisher concerned.deleted
2022/09/16
Committee: JURI
Amendment 365 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 10
Transmission of information to competent 1. The request shall contain the following elements: (a) a statement of reasons explaining the objective for which the information is requested and why the request is necessary and proportionate, unless the request pursues the objective of the prevention, investigation, detection and prosecution of criminal offences and to the extent that the reasons for the request would jeopardise that objective; (b) information on the redress available to the relevant service provider and to the sponsor of the political advertising service. 2. Upon receipt of a request pursuant to paragraph 1, providers of political advertising services shall, within two 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 ten working days. 3. Providers of political advertising services shall designate a contact point for the interaction with competent national authorities. Providers of political advertising services which are SMEs within the meaning of Article 3 of Directive 2013/34/EU may appoint an external natural person as contact point.Article 10 deleted authorities
2022/09/16
Committee: JURI
Amendment 366 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 10 – paragraph 1
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, the information shall be transmitted in a machine readable format. The request shall contain the following elements: (a) a statement of reasons explaining the objective for which the information is requested and why the request is necessary and proportionate, unless the request pursues the objective of the prevention, investigation, detection and prosecution of criminal offences and to the extent that the reasons for the request would jeopardise that objective; (b) information on the redress available to the relevant service provider and to the sponsor of the political advertising service.deleted
2022/09/16
Committee: JURI
Amendment 367 #
Jorge BUXADÉ VILLALBA
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 two 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 ten working days.deleted
2022/09/16
Committee: JURI
Amendment 368 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 10 – paragraph 2 a (new)
2a. The provider of political advertising services must in turn inform the party contracting the advertising of the request for information from the competent authorities, providing them with a copy of the request.
2022/09/16
Committee: JURI
Amendment 369 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 10 – paragraph 2 b (new)
2b. During an election period, the providers of political advertising services (including online providers) shall acknowledge receipt and provide the information requested by the competent authority within one working day;
2022/09/16
Committee: JURI
Amendment 370 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 10 – paragraph 3
3. Providers of political advertising services shall designate a contact point for the interaction with competent national authorities. Providers of political advertising services which are SMEs within the meaning of Article 3 of Directive 2013/34/EU may appoint an external natural person as contact point.deleted
2022/09/16
Committee: JURI
Amendment 372 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 11
[...]deleted
2022/09/16
Committee: JURI
Amendment 373 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 11 – paragraph 1
1. Providers of political advertising services shall take the appropriate measures to transmit the information referred to in Article 6 to interested entities upon request and without costs. Where the provider of political advertising services is a political advertising publisher, it shall also take the appropriate measures to transmit the information referred to in Article 7 to interested entities upon request and without costs.deleted
2022/09/16
Committee: JURI
Amendment 374 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
1. Providers of political advertising services shall take the appropriate measures to transmit the information referred to in Article 6 to interested entities upon request and without costs. The service provider may limit the information on the amount contracted if so requested by one of the parties or if the supplier considers that disclosing such information would occasion them economic or material harm under Directive 2016/943 on the protection of undisclosed know-how and business information.
2022/09/16
Committee: JURI
Amendment 375 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Where the provider of political advertising services is a political advertising publisher, it shall also take the appropriate measures to transmit the information referred to in Article 7 to interested entities upon request and without costs.deleted
2022/09/16
Committee: JURI
Amendment 376 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 11 – paragraph 2
2. Interested entities requesting the transmission of information pursuant to paragraph 1 shall be independent from commercial interests and shall fall in one or more of the following categories: (a) vetted researchers in accordance with Article 31 of Regulation (EU) 2021/xxx [Digital Services Act]; (b) members of a civil society organisation whose statutory objectives are to protect and promote the public interest, authorised under national or Union law; (c) political actors as authorised under national law; or (d) national or international electoral observers accredited in a Member State. Such interested entities shall also include journalists accredited in a Member State by national, European or international bodies.deleted
2022/09/16
Committee: JURI
Amendment 377 #
Jorge BUXADÉ VILLALBA
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;deleted
2022/09/16
Committee: JURI
Amendment 379 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 11 – paragraph 2 – point c
(c) political actors as authorised under national law; ordeleted
2022/09/16
Committee: JURI
Amendment 380 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 11 – paragraph 2 – point d
(d) national or international electoral observers accredited in a Member State.deleted
2022/09/16
Committee: JURI
Amendment 381 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1
Such interested entities shall also include journalists accredited in a Member State by national, European or international bodies.deleted
2022/09/16
Committee: JURI
Amendment 382 #
Jorge BUXADÉ VILLALBA
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.deleted
2022/09/16
Committee: JURI
Amendment 383 #
Jorge BUXADÉ VILLALBA
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
2022/09/16
Committee: JURI
Amendment 384 #
Jorge BUXADÉ VILLALBA
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, provided that the contracting party authorises this.
2022/09/16
Committee: JURI
Amendment 385 #
Jorge BUXADÉ VILLALBA
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, 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.deleted
2022/09/16
Committee: JURI
Amendment 386 #
Jorge BUXADÉ VILLALBA
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
2022/09/16
Committee: JURI
Amendment 387 #
Jorge BUXADÉ VILLALBA
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 process.deleted
2022/09/16
Committee: JURI
Amendment 390 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 12
[...]deleted
2022/09/16
Committee: JURI
Amendment 402 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 12 – paragraph 6 a (new)
6a. Publishers of online political advertising that are online platforms within the meaning of Article 2(f) of Regulation (EU) 2021/XXX [Digital Services Act] shall provide the Digital Services Coordinator referred to in Article 38 of Regulation 2021/xxx, or the Commission, with real-time access to algorithms and associated data enabling the detection of possible biases liable to undermine fundamental rights, such as freedom of expression, and the impartiality of elections, or to prevent the censorship of legitimate political actors.
2022/09/16
Committee: JURI
Amendment 406 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 13
Transmission of information concerning 1. The controller referred to in Article 12 shall take appropriate measures to transmit, upon request by interested entities in accordance with Article 11(1), Article 13 deleted targeting or amplification to other information referred to in Article 12. 2. Article 11(2) to (7) shall apply mutatis mutandis.terested entities
2022/09/16
Committee: JURI
Amendment 408 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 14
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 the Member States where the provider offers its services. 2. The legal representative shall be responsible for ensuring compliance with the represented service provider’s obligations pursuant to this Regulation and shall be the addressee for all communications with the relevant service provider provided for in this Regulation. Any communication to that legal representative shall be deemed to be a communication to the represented service provider.Article 14 deleted Legal representative
2022/09/16
Committee: JURI
Amendment 411 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 15
[...]deleted
2022/09/16
Committee: JURI
Amendment 427 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 15 – paragraph 8 – point c a (new)
(ca) during an election period, any urgent interim measures to avert a breach of this Regulation, possible biases or restrictions liable to undermine fundamental rights, such as freedom of expression, and the impartiality of elections or to prevent the censorship of legitimate political actors.
2022/09/16
Committee: JURI
Amendment 430 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 16
[...]deleted
2022/09/16
Committee: JURI
Amendment 441 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 17
17 Member States shall publish the dates of their national electoral periods in an appropriate reference to this Regulation. Member States shall publish the dates of their national electoral periods in an easily accessible place, with an appropriate reference to this Regulation.Article 17 deleted easily accessible place, with an
2022/09/16
Committee: JURI
Amendment 442 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 17 a (new)
Article 17a Prevention of freedom of expression and ideological freedom 1. No provider of political advertising services may ever censor, restrict, modify or delete a political actor’s publication, campaign, advertisement or message during the election campaign without the prior authorisation of the competent judicial authority in each Member State. 2. A complaints and review mechanism shall be set up so that political actors who fall victim to the censorship, restriction, modification or deletion of their own publications or advertisements can appeal against that situation, hence guaranteeing the rights of the citizens and their political representatives. 2.1 In the case of European providers of political advertising services, the competent national authority shall be responsible for setting up the complaint and review mechanism and must ensure that the provider of the political advertising services remedies the injurious situation within 24 hours. 2.2 In the case of foreign providers of political advertising services, the European Commission shall be responsible for establishing the complaint and review mechanism which would reverse, within 24 hours, the injurious situation through its remedying by the provider of the political advertising services. 2.3 Should the European or foreign provider of political advertising services fail to remedy the situation within 24 hours, the national authorities or the European Commission may take the necessary steps to penalise that provider of political advertising services in line with the penalties provided for in Article 16 of this Regulation. 3. The national authorities and the European Commission must assist those political actors whose rights have been violated or restricted by providing them with all the tools at its disposal in a clear, understandable manner and in all the Commission's official languages. 4. At the end of each electoral process, should complaints be received through the complaint and review mechanism, the national authorities or the European Commission shall investigate the role of the providers of political advertising services to determine whether there was bad faith in their actions and shall investigate any attempt at foreign interference in the elections. 5. Should the Commission find there has been foreign interference, it may limit the operations of the providers of political advertising services in order to protect the democratic guarantees of elections in the Member States of the European Union. 6. Providers of online intermediation services within the meaning of Article 2(f) of Regulation (EU) 2021/XXX [Digital Services Act] shall be covered by this Article and therefore may not censor, restrict, modify or delete a political actor’s publication, campaign, advertisement or message during the election campaign without the prior authorisation of the competent judicial authority in each Member State. 7. In the event of an incident being reported by a political actor through the complaint and review mechanisms, the national authorities and the European Commission shall have competence to require that providers of online intermediation services within the meaning of Article 2(f) of Regulation (EU) 2021/XXX [Digital Services Act] remedy this.
2022/09/16
Committee: JURI
Amendment 443 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 17 b (new)
Article 17 1. No provider of political advertising services may ever censor, restrict, modify or delete a political actor’s publication, campaign, advertisement or message during the election campaign without the prior authorisation of the competent judicial authority in each Member State.
2022/09/16
Committee: JURI
Amendment 444 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 17 c (new)
Article 17c 2. A complaints and review mechanism shall be set up so that political actors who fall victim to the censorship, restriction, modification or deletion of their own publications or advertisements can appeal against that situation, hence guaranteeing the rights of the citizens and their political representatives. 2.1 In the case of European providers of political advertising services, the competent national authority shall be responsible for setting up the complaint and review mechanism and must ensure that the provider of the political advertising services remedies the injurious situation within 24 hours. 2.2 In the case of foreign providers of political advertising services, the European Commission shall be responsible for establishing the complaint and review mechanism which would reverse, within 24 hours, the injurious situation through its remedying by the provider of the political advertising services. 2.3 Should the European or foreign provider of political advertising services fail to remedy the situation within 24 hours, the national authorities or the European Commission may take the necessary steps to penalise that provider of political advertising services in line with the penalties provided for in Article 16 of this Regulation.
2022/09/16
Committee: JURI
Amendment 445 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 18
18 Within two years after each election to the European Parliament and for the first time by 31 December 2026 at the latest, the Commission shall submit a report on Regulation.This report shall assess the Within two years after each election to the European Parliament and for the first time by 31 December 2026 at the latest, the Commission shall submit a report on the evaluation and review of this Regulation. This report shall assess the Article 18 deleted the evaluation and review of this need for amendment to this Regulation. The report shall be made public.
2022/09/16
Committee: JURI
Amendment 448 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 19
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 7(8) and Article 12(8) shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections]. 3. The delegation of power referred to in Article 7(8) and Article 12(8) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify that act simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 7(8) or Article 12(8) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.Article 19 deleted Exercise of the delegation
2022/09/16
Committee: JURI
Amendment 449 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 19 – paragraph 1
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2022/09/16
Committee: JURI
Amendment 450 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 19 – paragraph 2
2. The power to adopt delegated acts referred to in Article 7(8) and Article 12(8) shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections].
2022/09/16
Committee: JURI
Amendment 451 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 19 – paragraph 3
3. The delegation of power referred to in Article 7(8) and Article 12(8) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.deleted
2022/09/16
Committee: JURI
Amendment 452 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 19 – paragraph 4
4. As soon as it adopts a delegated act, the Commission shall notify that act simultaneously to the European Parliament and to the Council.
2022/09/16
Committee: JURI
Amendment 453 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 19 – paragraph 5
5. A delegated act adopted pursuant to Article 7(8) or Article 12(8) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
2022/09/16
Committee: JURI
Amendment 454 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Article 20
Entry into force and application 1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. 2. It shall apply from 1 April 2023. 3. This Regulation shall be binding in its entirety and directly applicable in all Member States.Article 20 deleted
2022/09/16
Committee: JURI
Amendment 455 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Annex I
Information to be provided under Article 7(2) (a) where the notice is not within the advertisement itself, an example/representation of the political advertisement or a link to it. (b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is disseminated including their name, address, telephone number and electronic mail address, and whether they are a natural or legal entity. (c) the period during which the political advertisement is disseminated and, where applicable and known to the publisher, the fact that the same advertisement has been disseminated in the past. (d) any election with which the advertising is linked, if applicable. (e) the provisional aggregated amount spent on, and the value of other benefits received in part or full exchange for the specific advertisement, and on the specific advertising campaign where relevant, including on the preparation, placement, promotion, publication and dissemination of the political advertisements, as well as the aggregated actual amount spent and the value of other benefits received once known. (f) the sources of the funds being used for the specific advertising campaign including for the preparation, placement, promotion, publication and dissemination of the political advertisements. (g) meaningful information about the methodology used for the calculation of the amounts and values referred in (e). (h) where the publisher is a very large online platform, a link to the advertisement’s location in the publisher’s advertising repository. (i) where the advertisement is linked to specific elections or referendums, links to official information about the modalities for participation in the election or referendum concerned. (j) information about the mechanism established under Article 9.deleted
2022/09/16
Committee: JURI
Amendment 458 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Annex II
Information to be provided under Article 12(3) (a) the specific groups of recipients targeted, including the parameters used to determine the recipients to whom the advertising is disseminated, with the same level of detail as used for the targeting, the categories of personal data used for the targeting and amplification, the targeting and amplification goals, mechanisms and logic including the inclusion and exclusion parameters and the reasons for choosing these parameters. (b) the period of dissemination, the number of individuals to whom the advertisement is disseminated and indications of the size of the targeted audience within the relevant electorate. (c) the source of the personal data referred to in point (a), including, where applicable, information that the personal data was derived, inferred, or obtained from a third party and its identity as well as a link to the data protection notice of that third party for the processing at stake. (d) a link to effective means to support individuals’ exercise of their rights under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable, in the context of targeting and amplification of political advertising on the basis of their personal data.deleted
2022/09/16
Committee: JURI
Amendment 459 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Annex II – subheading 1
Information to be provided under article 22(1)deleted
2022/09/16
Committee: JURI
Amendment 460 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Annex II – point a
(a) the specific groups of recipients targeted, including the parameters used to determine the recipients to whom the advertising is disseminated, with the same level of detail as used for the targeting, the categories of personal data used for the targeting and amplification, the targeting and amplification goals, mechanisms and logic including the inclusion and exclusion parameters and the reasons for choosing these parameters.deleted
2022/09/16
Committee: JURI
Amendment 461 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Annex II – point b
(b) the period of dissemination, the number of individuals to whom the advertisement is disseminated and indications of the size of the targeted audience within the relevant electorate.deleted
2022/09/16
Committee: JURI
Amendment 462 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Annex II – point c
(c) the source of the personal data referred to in point (a), including, where applicable, information that the personal data was derived, inferred, or obtained from a third party and its identity as well as a link to the data protection notice of that third party for the processing at stake.deleted
2022/09/16
Committee: JURI
Amendment 463 #
Jorge BUXADÉ VILLALBA
Proposal for a regulation
Annex II – point d
(d) a link to effective means to support individuals’ exercise of their rights under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable, in the context of targeting and amplification of political advertising on the basis of their personal data.deleted
2022/09/16
Committee: JURI
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