Next event: Text adopted by Parliament, 1st reading/single reading 2024/02/27 more...
- Decision by Parliament, 1st reading 2024/02/27
- Debate in Parliament 2024/02/26
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations 2024/01/24
- Coreper letter confirming interinstitutional agreement 2023/12/20
- Text agreed during interinstitutional negotiations 2023/12/20
- Results of vote in Parliament 2023/02/02
- Decision by Parliament, 1st reading 2023/02/02
- Matter referred back to the committee responsible 2023/02/02
- Debate in Parliament 2023/02/01
- Committee report tabled for plenary, 1st reading 2023/01/26
- Vote in committee, 1st reading 2023/01/24
- Committee opinion 2022/12/08
- Committee opinion 2022/12/05
- Committee opinion 2022/11/03
- Committee opinion 2022/10/20
- Amendments tabled in committee 2022/09/15
- Amendments tabled in committee 2022/09/15
Progress: Awaiting Council's 1st reading position
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | IMCO | GOZI Sandro ( Renew) | ARIAS ECHEVERRÍA Pablo ( EPP), LEITÃO-MARQUES Maria-Manuel ( S&D), GEESE Alexandra ( Verts/ALE), JORON Virginie ( ID), BIELAN Adam ( ECR), KOULOGLOU Stelios ( GUE/NGL) |
Committee Opinion | CULT | VERHEYEN Sabine ( EPP) | Niyazi KIZILYÜREK ( GUE/NGL), Marcel KOLAJA ( Verts/ALE), Lucia ĎURIŠ NICHOLSONOVÁ ( RE), Andrey SLABAKOV ( ECR), Predrag Fred MATIĆ ( S&D) |
Committee Opinion | JURI | NIEBLER Angelika ( EPP) | Angel DZHAMBAZKI ( ECR), Ibán GARCÍA DEL BLANCO ( S&D), Alessandra BASSO ( ID) |
Committee Opinion | LIBE | DONÁTH Anna Júlia ( Renew) | Paul TANG ( S&D), Tom VANDENKENDELAERE ( PPE), Clare DALY ( GUE/NGL), Beata KEMPA ( ECR), Tom VANDENDRIESSCHE ( ID), Patrick BREYER ( Verts/ALE) |
Committee Opinion | AFCO | FREUND Daniel ( Verts/ALE) | Victor NEGRESCU ( S&D), Jacek SARYUSZ-WOLSKI ( ECR), Nathalie COLIN-OESTERLÉ ( PPE), Alin MITUȚA ( RE) |
Lead committee dossier:
Legal Basis:
RoP 57, TFEU 016-p2, TFEU 114
Legal Basis:
RoP 57, TFEU 016-p2, TFEU 114Subjects
Events
The European Parliament adopted by 433 votes to 61, with 110 abstentions, amendments to the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising.
The matter was referred back to the committee responsible for inter-institutional negotiations.
The main amendments adopted in plenary concern the following points:
Subject matter, scope and definitions
Members propose to clarify that the regulation lays down harmonised rules on:
- obligations concerning the provision of political advertising services, transparency and due diligence for sponsors and providers of political advertising services that require them to provide, collect, retain, disclose and publish information connected to the provision in the internal market of such services;
- the use of targeting and ad delivery techniques in connection with the preparation, placement, promotion, publication, delivery or dissemination of political advertising, in the context of the provision of political advertising services, that involves the processing of personal data;
- the supervision and enforcement of this Regulation, including as regards the cooperation and coordination between the competent authorities.
It is clarified that political views and opinions and other editorial content expressed under the editorial responsibility of a media service provider should not be considered political advertising unless specific payment or other remuneration is provided for their preparation, placement, promotion, publication, delivery or dissemination by third parties.
Furthermore, the Regulation should protect fundamental rights and freedoms as enshrined in Union and national law, including the Charter of Fundamental Rights, and should not affect the content of political advertising or national provisions governing election periods and political campaigns.
Provision of political advertising services in the Union
Providers of political advertising services should not discriminate against sponsors on grounds of their place of residence or, where applicable, establishment, when those sponsors request, conclude or hold a contract for political advertising services. By way of exception, political advertising services should be provided only to a sponsor or a service provider acting on behalf of a sponsor who is a citizen of the Union, or a natural or legal person residing or established in the Union .
Identification of a political advertisement
In order to determine whether a message constitutes a political advertisement, Members suggest that all its features should be taken into account, in particular the content and purpose of the message, its sponsor, the spoken or written language used to convey the message, as well as the context in which the message is conveyed and how it is transmitted. The Commission should develop common guidance to contribute to the correct application of those criteria.
Transparency and due diligence obligations for political advertising services
Members suggested the following clarifications:
- all service providers should 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;
- the statement made by advertising services acting on behalf of sponsors whether the advertising service constitutes a political advertising service should be made in a good faith, should contain accurate information, and should be provided in timely, complete and accurate manner. In case of manifestly erroneous declarations, the providers of advertising services should request corrections.
- political advertising publishers that are also Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) should diligently identify, analyse and assess any systemic risks that their political advertising services pose in the context of their risk assessments and put in place reasonable, proportionate and effective mitigation measures;
- strengthening the provisions on record-keeping and transmission of information to the political advertising publisher to ensure that providers of political advertising services retain information they collect in the provision of their services and communicate it to the political advertising publisher in a timely and accurate manner;
- labelling requirements that allow people to easily identify political advertising as such, as well as the definition by the Commission of standardised and effective techniques for the labelling of political advertising;
- details of the information to be provided in the transparency notice and the responsibility of providers of political advertising services, including publishers with regards to accuracy and completeness of information; transparency notices should be presented in an easily accessible form;
- the establishment of an EU library for hosting political advertisements ensuring the hosting of a database containing each online political advertisement;
- the adoption by the Commission to adopt common standards to establish common data structure and standards, and a common application programming interface;
- details of the procedures for natural and legal persons to easily flag up possibly unlawful political advertisements.
Targeting and delivery of political advertising
Targeting and ad delivery techniques that involve the processing of special categories of personal data in the context of political advertising would be prohibited. Targeting techniques involving the processing of personal data would be limited to personal data explicitly provided by the data subject with his or her consent . The data controller should inform when requesting consent from the data subject that his or her provided personal data may be processed solely for the purpose of presenting political advertising to the data subject.
The amendments aim to ensure that publishers of political advertising include in the transparency notice all the information necessary to enable the data subject to understand the logic involved and the main parameters of the technique used, such as the objectives, mechanisms and logic of targeting, including inclusion and exclusion parameters, and the reasons for choosing these parameters.
In addition, the transparency notice should visibly refer to an easily accessible interface where users can withdraw their consent or modify the personal data they have provided.
Supervision, enforcement and sanctions
Parliament called for enhanced cooperation at EU level between national competent authorities, while preserving national competences in this area. Each Member State should designate a competent authority as a national contact point at EU level for all aspects of the Regulation. The national contact points would ensure effective cooperation between national competent authorities and with other national contact points and authorities at Union level.
Within the framework of the European Cooperation Network on Elections, a permanent Network of National Contact Points should be established which should serve as a platform for regular exchange of information and structured cooperation between national contact points and the Commission on all aspects of this Regulation.
As for the provisions requiring Member States to determine the system of penalties for breaches of the Regulation, Parliament suggested that Member States should also have the possibility of imposing periodic penalty payments for serious and repeated breaches.
Lastly, any person, or entity should have the right to lodge a complaint with the competent authority that is the national contact point of the Member State where that entity or person is located or established against sponsors and providers of political advertising services, alleging an infringement of this Regulation.
The Committee on the Internal Market and Consumer Protection adopted the report by Sandro GOZI (Renew, FR) on the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure amend the proposal as follows:
Subject matter, scope and definitions
Members propose to clarify that the regulation establishes harmonised rules on obligations concerning the provision of political advertising services, and on transparency and due diligence for sponsors and providers of political advertising services that require them to provide, collect,
retain, disclose and publish information connected to the provision in the internal market of such services.
Furthermore, the Regulation should protect fundamental rights and freedoms as enshrined in Union and national law, including the Charter of Fundamental Rights, and should not affect the content of political advertising or national provisions governing election periods and political campaigns.
Moreover, political opinions expressed under the editorial responsibility of a service provider should not be considered political advertising unless specific payment or other remuneration is provided for their preparation, placement, promotion, publication, delivery or dissemination by third parties.
The report also recommends clarifying several definitions , including 'political advertising', 'political actor' and ‘political advertising publisher', 'targeting and amplification techniques', and proposes a new definition of 'political advertising service providers' in order to promote a better understanding of the system.
Provision of political advertising services in the Union
Providers of political advertising services should not discriminate against sponsors on grounds of their place of residence or, where applicable, establishment, when those sponsors request, conclude or hold a contract for political advertising services. By way of exception, political advertising services should be provided only to a sponsor or a service provider acting on behalf of a sponsor who is a citizen of the Union, or a natural or legal person residing or established in the Union .
Identification of a political advertisement
Members believe that it is essential to clearly establish the criteria for determining whether an advertisement is political in nature or not. Such criteria should include the content and purpose of the message, its sponsor, the spoken or written language used to convey the message, as well as the context in which the message is conveyed and how it is transmitted. The Commission should develop common guidance to contribute to the correct application of those criteria.
Transparency and due diligence obligations for political advertising services
The report suggested the following clarifications:
- all service providers should 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;
- the statement made by advertising services acting on behalf of sponsors whether the advertising service constitutes a political advertising service should be made in a good faith, should contain accurate information , and should be provided in timely, complete and accurate manner. In case of manifestly erroneous declarations, the providers of advertising services should request corrections. Additional risk management obligations should apply to service providers who are very large online platforms in the meaning of the Digital Services Act;
- strengthening the provisions on record-keeping and transmission of information to the political advertising publisher so as to ensure that providers of political advertising services retain information they collect in the provision of their services and communicate it to the political advertising publisher in a timely and accurate manner;
- the definition by the Commission of common standards to establish harmonised, efficient and prominent labels for political advertisements;
- details of the information to be provided in the transparency notice and the responsibility of providers of political advertising services, including publishers with regards to accuracy and completeness of information;
- the establishment of an EU library for hosting political advertisements ensuring the hosting of a database containing each online political advertisement;
- the adoption by the Commission to adopt common standards to establish common data structure and standards, and a common application programming interface;
- details of the procedures for natural and legal persons to easily flag up possibly unlawful political advertisements.
Targeting and delivery of political advertising
Targeting and ad delivery techniques that involve the processing of special categories of personal data in the context of political advertising would be prohibited. Targeting techniques involving the processing of personal data would be limited to personal data explicitly provided by the data subject with his or her consent .
The amendments aim to ensure that publishers of political advertising include in the transparency notice all the information necessary to enable the data subject to understand the logic involved and the main parameters of the technique used. In addition, the transparency notice should visibly link to an easily accessible interface in which users can withdraw their consent or modify the personal data they provided for the sole purpose of online political advertising.
Monitoring, enforcement and sanctions
The Commission should keep publicly available registers of legal representatives registered at national level under this Regulation. Service providers should give their legal representative the necessary powers and sufficient resources to ensure effective and timely cooperation with the Member States’ competent authorities and, where relevant, with the Commission, and to ensure the compliance with their decisions.
Competent authorities, when exercising their supervisory tasks in relation to the Regulation, would be empowered to: (i) request access to data, documents, or any necessary information from the providers of political advertising services; (ii) order an end to infringements and, where appropriate, impose remedies that are proportionate to the infringement and necessary to bring it effectively to an end; (iii) impose administrative fines and financial penalties, including periodic penalty payments; (iv) carry out order inspections of any premises that providers of political advertising services use for purposes related to their trade, business, craft or profession.
PURPOSE : to lay down harmonised rules for a high level of transparency of political advertising and related services.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: political advertising is a tool in campaigning to convey political messages to voters. It aims to influence people’s views on political subjects and their voting decisions, and is often specifically regulated nationally, with a specific focus on transparency.
The traditional media for political ads used to be newspapers, posters, radio and television. However, these have increasingly been displaced by the digital sphere. The cross-border nature of online political advertising has challenged the relevance of national rules, which typically included restrictions to ensure democratic accountability and fairer processes and economic operators face difficulties to determine and adapt to applicable rules, limiting their ability to offer advertising services.
Several Member States have legislated or intend to legislate in the area of transparency in political advertising. As these rules diverge in scope, content and effect, new ad hoc national rules would only increase the fragmentation of the essential transparency elements.
This proposal also complements the proposed amendment to Regulation (EU) 1141/2014 on the statute and financing of European political parties and foundations.
CONTENT: the proposal addresses the fragmentation of the existing Regulatory framework in this area and seeks to promote high European standards of transparency in political campaigning and free and fair elections in the EU level, strengthen the resilience of democratic processes in the EU and combat disinformation, information manipulation and interference in elections.
The proposed Regulation lays down:
- harmonised transparency obligations for providers of political advertising and related services to retain, disclose and publish information connected to the provision of such services;
- 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.
The main measures set out in the proposed Regulation on transparency and targeting of political adverts include:
Scope
Political advertisements will cover ads by, for or on behalf of a political actor as well as so called issue-based ads which are liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Transparency obligations for paid political advertising
The proposal establishes measures applicable to all providers of political advertising services involved in the preparation, placement, promotion, publication or dissemination of political advertising. In particular, it provides for measures concerning (i) the transparency of political advertising, (ii) the obligation to identify political advertisements and (iii) the obligation to keep records and provide information to advertising publishers.
Advertising publishers would be required to:
- include a clear statement to the effect that it is of a political nature, indicate the name of the sponsor, and make available information to understand the wider context of political advertising and its aims;
- publish annually information on the amounts or value of other benefits received in part or full exchange for services they have provided in connection with political advertisements;
- establish user-friendly mechanisms for citizens to notify them of advertisements that do not comply with the obligations set out in the Regulation.
Political targeting and amplification
The proposal lays down strict conditions on the use of targeting or amplification techniques involving the processing of personal data for political advertising purposes. When sensitive data are at stake, a prohibition applies accompanied by specific exemptions. Further, controllers making use of these techniques for political advertising purposes shall adopt and implement an internal policy, keep records, and provide information to allow individuals to understand the logic involved and main parameters of the targeting used, and the involvement of third-party data and additional analytical techniques.
Supervision and enforcement
The proposal lays down an obligation for providers of political advertising services not established in the Union to appoint a legal representative in one of the Member States where they provide their services. It also lays down which authorities are entrusted with the supervision and enforcement of specific the measures.
Fines
Member States will be required to introduce effective, proportionate and dissuasive fines when the rules on transparency of political advertising are breached.
Documents
- Text adopted by Parliament, 1st reading/single reading: T9-0090/2024
- Decision by Parliament, 1st reading: T9-0090/2024
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE758.111
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000267
- Text agreed during interinstitutional negotiations: PE758.111
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T9-0027/2023
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A9-0009/2023
- Committee opinion: PE734.324
- Committee opinion: PE735.590
- Committee opinion: PE735.573
- Committee opinion: PE719.609
- Amendments tabled in committee: PE736.500
- Amendments tabled in committee: PE736.517
- Committee draft report: PE732.754
- Economic and Social Committee: opinion, report: CES6449/2021
- Document attached to the procedure: OJ C 145 01.04.2022, p. 0012
- Document attached to the procedure: N9-0014/2022
- Document attached to the procedure: SEC(2021)0575
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0355
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0356
- Legislative proposal published: COM(2021)0731
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: SEC(2021)0575
- Document attached to the procedure: EUR-Lex SWD(2021)0355
- Document attached to the procedure: EUR-Lex SWD(2021)0356
- Document attached to the procedure: OJ C 145 01.04.2022, p. 0012 N9-0014/2022
- Economic and Social Committee: opinion, report: CES6449/2021
- Committee draft report: PE732.754
- Amendments tabled in committee: PE736.500
- Amendments tabled in committee: PE736.517
- Committee opinion: PE719.609
- Committee opinion: PE735.573
- Committee opinion: PE735.590
- Committee opinion: PE734.324
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)000267
- Text agreed during interinstitutional negotiations: PE758.111
- Text adopted by Parliament, 1st reading/single reading: T9-0090/2024
Activities
- Andrus ANSIP
Plenary Speeches (0)
- Pablo ARIAS ECHEVERRÍA
Plenary Speeches (0)
- Adam BIELAN
Plenary Speeches (0)
- Angel DZHAMBAZKI
Plenary Speeches (0)
- Carlo FIDANZA
Plenary Speeches (0)
- Maria GRAPINI
Plenary Speeches (0)
- Krzysztof HETMAN
Plenary Speeches (0)
- Othmar KARAS
Plenary Speeches (0)
- Seán KELLY
Plenary Speeches (0)
- Stelios KOULOGLOU
Plenary Speeches (0)
- Juan Fernando LÓPEZ AGUILAR
Plenary Speeches (0)
- Victor NEGRESCU
Plenary Speeches (0)
- Angelika NIEBLER
Plenary Speeches (0)
- Stanislav POLČÁK
Plenary Speeches (0)
- Andreas SCHWAB
Plenary Speeches (0)
- Michaela ŠOJDROVÁ
Plenary Speeches (0)
- Ivan ŠTEFANEC
Plenary Speeches (0)
- Paul TANG
Plenary Speeches (0)
- Róża THUN UND HOHENSTEIN
Plenary Speeches (0)
- Marc TARABELLA
Plenary Speeches (0)
- Tom VANDENKENDELAERE
Plenary Speeches (0)
- Sabine VERHEYEN
Plenary Speeches (0)
- Tiemo WÖLKEN
Plenary Speeches (0)
- Roberts ZĪLE
Plenary Speeches (0)
- Clare DALY
Plenary Speeches (0)
- Katalin CSEH
Plenary Speeches (0)
- Alexandra GEESE
Plenary Speeches (0)
- Beata KEMPA
Plenary Speeches (0)
- Dragoş TUDORACHE
Plenary Speeches (0)
- Mick WALLACE
Plenary Speeches (0)
- Anna Júlia DONÁTH
Plenary Speeches (0)
- Edina TÓTH
Plenary Speeches (0)
- Martin HOJSÍK
Plenary Speeches (0)
- Daniel FREUND
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- Markus BUCHHEIT
Plenary Speeches (0)
- Virginie JORON
Plenary Speeches (0)
- Vlad-Marius BOTOŞ
Plenary Speeches (0)
- Beata MAZUREK
Plenary Speeches (0)
- Katarina BARLEY
Plenary Speeches (0)
- Eugen TOMAC
Plenary Speeches (0)
- Patrick BREYER
Plenary Speeches (0)
- Maria-Manuel LEITÃO-MARQUES
Plenary Speeches (0)
- Dan-Ştefan MOTREANU
Plenary Speeches (0)
- Sunčana GLAVAK
Plenary Speeches (0)
- Bart GROOTHUIS
Plenary Speeches (0)
- Sandro GOZI
Plenary Speeches (0)
- Romana JERKOVIĆ
Plenary Speeches (0)
- Matjaž NEMEC
Plenary Speeches (0)
- Witold PAHL
Plenary Speeches (0)
Amendments | Dossier |
326 |
2021/0381(COD)
2022/07/20
LIBE
326 amendments...
Amendment 100 #
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 by sponsors, political advertising publishers or providers of advertising services either to address
Amendment 101 #
Proposal for a regulation Recital 5 (5) In the context of political advertising, targeting techniques are frequently used. Targeting or a
Amendment 102 #
Proposal for a regulation Recital 5 (5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplification
Amendment 103 #
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, which may also be transmitted by accessing personal data - mobile phone or land-line number, email addresses - without the consent of the persons being targeted. Given the power and the potential for the misuse of this personal data
Amendment 104 #
Proposal for a regulation Recital 5 (5) In the context of political advertising,
Amendment 105 #
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.
Amendment 106 #
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
Amendment 107 #
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, promoting or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline and online service providers, and requires complex compliance efforts and additional costs for relevant service providers.
Amendment 108 #
Proposal for a regulation Recital 9 (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
Amendment 109 #
Proposal for a regulation Recital 10 Amendment 110 #
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 and due diligence obligations for providers of political advertising services guaranteeing the uniform protection of rights of persons and supervision throughout the internal market based on Article 114 of the TFEU.
Amendment 111 #
Proposal for a regulation Recital 11 Amendment 112 #
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 and due diligence requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising.
Amendment 113 #
Proposal for a regulation Recital 14 (14) The Regulation should provide for harmonised transparency and due diligence requirement applicable to economic actors providing political advertising and related services (i.e. activities that are normally provided for remuneration); those services consist in particular of the preparation, placement, promotion, publication and dissemination of political advertising. Those rules should also apply to the sponsoring of political advertising. The rules of this Regulation that provide for a high level of transparency of political advertising services are based on Article 114 of the TFEU. This Regulation should also address the use of targeting and a
Amendment 114 #
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 a
Amendment 115 #
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, as well as the obligation to use decent language without attacks of any kind on political opponents or opposing candidates. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature.
Amendment 116 #
Proposal for a regulation Recital 16 (16) The definition of political advertising should include advertising sponsored, promoted, published or disseminated directly or indirectly by or sponsored, promoted, published or disseminated directly or indirectly for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature.
Amendment 117 #
Proposal for a regulation Recital 17 (17) The sponsoring, promotion, publication or dissemination by other actors of a message that
Amendment 118 #
Proposal for a regulation Recital 19 (19) Political views
Amendment 119 #
Proposal for a regulation Recital 19 (19) Political views expressed in the programmes of audiovisual linear broadcasts or published in printed media
Amendment 120 #
Proposal for a regulation Recital 21 (21) It is necessary to define political advertisement as an instance of political advertising sponsored, prepared, placed, promoted, published or disseminated by any mean. Advertisements include the means by which the advertising message is communicated,
Amendment 121 #
Proposal for a regulation Recital 21 (21) It is necessary to define political advertisement as any instance of political
Amendment 122 #
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 and social networks.
Amendment 123 #
Proposal for a regulation Recital 23 (23) The concept of political actors should also include EU institutions, Governments, including from regional and local levels and their respective authorities and bodies, with or without legal personality insofar as their communication can become highly politicized and be assimilated to political advertising. The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European, national, regional or local level. Other political organisations should also be included in that definition.
Amendment 124 #
Proposal for a regulation Recital 28 (28) Once an advertisement is indicated as being connected to political advertising, this should be clearly indicated to other service providers involved in the political advertising services. In addition, once an advertisement has been identified as political advertisement, its further dissemination should still comply with transparency and due diligence requirements. For instance, when sponsored content is shared organically, the advertising should still be labelled as political advertising.
Amendment 125 #
Proposal for a regulation Recital 29 (29) The rules on transparency and due diligence laid down in this Regulation should only apply to political advertising services, i.e. political advertising that is normally but not exclusively provided against remuneration, which may include a benefit in kind. The transparency
Amendment 126 #
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, although such exchanges of information should respect personal data protection rules.
Amendment 127 #
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
Amendment 128 #
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. Freedom of expression is one of the cornerstones of a lively democratic debate.
Amendment 129 #
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.
Amendment 130 #
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
Amendment 131 #
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 processed and used for the targeting of an advertisement, the provisions of
Amendment 132 #
Proposal for a regulation Recital 36 Amendment 133 #
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, as well as the amounts paid for the material disseminated, which must conform to the provisions on the funding of electoral campaigns in the Member States. 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
Amendment 134 #
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 and the sums outlaid for the dissemination of the materials, in order to support accountability in the political process in the event of non-compliance with the provisions in force. 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 and compliance with the legal provisions on the funding of electoral campaigns of all types in force in the Member States. 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
Amendment 135 #
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]
Amendment 136 #
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, campaign monitoring and election opinion poll establishments and accredited election observers, in order to support the performance of their respective roles in the democratic process 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.
Amendment 137 #
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,
Amendment 138 #
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 Council11 and Regulation (EU) 2018/1725
Amendment 139 #
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 Council11 and Regulation (EU) 2018/1725 of the European Parliament and of the Council12 , different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. That has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to receive objective information, to form their opinion, to make political decisions
Amendment 140 #
Proposal for a regulation Recital 47 (47) Personal data collected directly from individuals, or indirectly such as observed or inferred data, when grouping individuals according to their assumed interests or derived through their online activity, behavioural profiling and other analysis techniques, is increasingly used to target political messages to groups or individual voters or individuals, and to amplify their impact. On the basis of the processing of personal data, in particular data considered sensitive under Regulation (EU) 2016/679 of the European Parliament and of the Council11 and Regulation (EU) 2018/1725 of the European Parliament and of the Council12 , different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. That has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to receive objective information, to form their opinion, to make political decisions and exercise their voting rights. This negatively impacts the democratic process. Additional restrictions and conditions compared to Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 should be provided. The conditions set out in this Regulation on the use of targeting and a
Amendment 141 #
Proposal for a regulation Recital 48 (48) Targeting and a
Amendment 142 #
Proposal for a regulation Recital 48 (48)
Amendment 143 #
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 is a high risk activity and should therefore be prohibited
Amendment 144 #
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
Amendment 145 #
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. Furthermore, targeting and amplification techniques should also be allowed based on personal data which are manifestly made public by the individual. Therefore, it should not be possible to rely on the exceptions as laid down in Article 9(2), points(b), (c),
Amendment 146 #
Proposal for a regulation Recital 48 a (new) (48 a) Targeting techniques in the context of political advertising that involve the processing of observed or inferred personal data should be prohibited. Targeting techniques in the context of political advertising that involve provided personal data should be limited to gender, age, the location, the languages spoken by the data subject.
Amendment 147 #
Proposal for a regulation Recital 48 b (new) (48 b) This prohibition shall not apply to internal communications from a political party to its members, as long as those communications are strictly limited to the members of the political parties and are based on personal data provided by the member.
Amendment 148 #
Proposal for a regulation Recital 49 Amendment 149 #
Amendment 150 #
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
Amendment 151 #
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, to avoid influencing the persons targeted to vote one way or another. 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
Amendment 152 #
Proposal for a regulation Recital 50 Amendment 153 #
Proposal for a regulation Recital 50 (50) Political advertising publishers making use of targeting or a
Amendment 154 #
Proposal for a regulation Recital 51 Amendment 155 #
Proposal for a regulation Recital 51 Amendment 156 #
Proposal for a regulation Recital 52 Amendment 157 #
Proposal for a regulation Recital 52 Amendment 158 #
Proposal for a regulation Recital 52 Amendment 159 #
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. These codes of conduct should give attention to the application of this Article for both online and offline political advertising, traditional methods of advertising, such as leaflets or billboards included
Amendment 160 #
Proposal for a regulation Recital 52 (52) The Commission should encourage the drawing up of codes of conduct, based on criteria agreed at European level with the Member States, as referred to in Article 40 of Regulation (EU) 2016/679 to support the exercise of data subjects’ rights in this context.
Amendment 161 #
Proposal for a regulation Recital 53 Amendment 162 #
Proposal for a regulation Recital 53 (53) Information to be provided in accordance with all requirements applicable to the use of targeting and
Amendment 163 #
Proposal for a regulation Recital 54 Amendment 164 #
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
Amendment 165 #
Proposal for a regulation Recital 59 a (new) (59 a) For oversight of Article 12 of this Regulation in case of very large online platforms and very large search engines the European Data Protection Board should be the competent authority.
Amendment 166 #
Proposal for a regulation Recital 60 (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,
Amendment 167 #
Proposal for a regulation Recital 62 a (new) (62 a) In the case of very large online platforms and very large online search engines the European Election Authority should have competence over breaches of this Regulation, except over Article 12.
Amendment 168 #
Proposal for a regulation Recital 63 (63) Member States authorities should ensure that infringements of the obligations laid down in this Regulation are sanctioned
Amendment 169 #
Proposal for a regulation Recital 63 (63) Member States authorities, the European Data Protection Board and the European Election Authority should ensure that infringements of the obligations laid down in this Regulation are sanctioned by administrative fines or
Amendment 170 #
Proposal for a regulation Recital 65 (65) Member States should publish the exact duration of the
Amendment 171 #
Proposal for a regulation Recital 67 (67) Within tw
Amendment 172 #
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],
Amendment 173 #
Proposal for a regulation Recital 70 (70) This Regulation
Amendment 174 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) harmonised transparency obligations for providers of online political advertising and related services to retain, disclose and publish information connected to the provision of such services;
Amendment 175 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of political advertising that involve the
Amendment 176 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) harmonised rules on the use of targeting and amplification techniques in the context of the publication, dissemination or promotion of online political advertising that involve the use of personal data.
Amendment 177 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) harmonised rules on the use of targeting and a
Amendment 178 #
Proposal for a regulation Article 1 – paragraph 1 – point b a (new) (b a) harmonised rules on the use of personal data for the purposes of online political advertising in order to complement the application of Regulation 2016/679 and Regulation 2018/1725.
Amendment 179 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to political advertising aimed at local, regional, national and referendum campaigns prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used.
Amendment 180 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to online political advertising prepared, placed, promoted, published or disseminated in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider
Amendment 181 #
Proposal for a regulation Article 1 – paragraph 3 – point a (a) to contribute to the proper and safe functioning of the internal market for political advertising and related services;
Amendment 182 #
Proposal for a regulation Article 1 – paragraph 3 – point a (a) to contribute to the proper functioning of the internal market for online political advertising and related services;
Amendment 183 #
Proposal for a regulation Article 1 – paragraph 3 – point b (b) to protect natural persons with regard to the processing of personal data
Amendment 184 #
Proposal for a regulation Article 1 – paragraph 3 – point b (b) to protect the fundamental rights of natural persons, specifically with regard to non-discrimination and the processing of personal data.
Amendment 185 #
Proposal for a regulation Article 1 – paragraph 3 – point b a (new) (b a) to set out rules for a safe and transparent market of online political advertising, while protecting the freedom of expression and information which implies everyone’s freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
Amendment 186 #
3 a. None of the provisions in this Regulation can be applied or interpreted in such way as to diminish or limit the level of protection offered by the fundamental right of freedom of expression and by the fundamental right to private life and data protection as protected in the Charter of Fundamental Rights and in the Union law on data protection and privacy.
Amendment 187 #
Proposal for a regulation Article 1 – paragraph 4 – introductory part 4. This Regulation
Amendment 188 #
Proposal for a regulation Article 1 – paragraph 4 – point g a (new) (g a) Regulation (EU) 2016/679.
Amendment 189 #
Proposal for a regulation Article 1 – paragraph 4 – point g a (new) (g a) Regulation (EU) 2016/679;
Amendment 190 #
Proposal for a regulation Article 1 – paragraph 4 – point i a (new) (i a) Regulation (EU) 2021/xxx [the Digital Markets Act].
Amendment 191 #
Proposal for a regulation Article 1 – paragraph 4 a (new) 4 a. This Regulation complements and is without prejudice to the application of Regulation 2016/679 and Regulation 2018/1725. It does not replace any of the general obligations under Regulation 2016/679, Regulation 2018/1725 and Directive 2002/58/EC.
Amendment 192 #
Proposal for a regulation Article 1 – paragraph 4 b (new) 4 b. This Regulation does not provide for a legal ground that satisfies the requirements of Article 6 of Regulation 2016/679 or Article 5 of Regulation 2018/1725 for the processing of personal data for the purpose of political advertising.
Amendment 193 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 1. ‘service’ means any self-employed economic activity, normally provided for remuneration, as referred to in Article 57 TFEU, based on a written contract or agreement signed by all the parties involved, as referred to in Article 57 TFEU;
Amendment 194 #
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, against direct payment or equivalent remuneration of a message:
Amendment 195 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘political advertising’ means the preparation, placement, p
Amendment 196 #
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, in return for remuneration, of a message:
Amendment 197 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – introductory part 2. ‘online political advertising’ means the preparation, placement, promotion, publication or dissemination,
Amendment 198 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b (b) which is
Amendment 199 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b (b) which is liable to influence the outcome of an election or referendum, or a legislative or regulatory process
Amendment 200 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b a (new) (b a) It shall not include political views or other editorial content expressed under the editorial responsibility of a service provider in the programmes of audiovisual media, including linear or non-linear broadcasts, or published in printed or online media, unless the service provider has been remunerated by a third party for the political advertisement.
Amendment 201 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 a (new) 2 a. It shall not include content, such as political views, as expressed under the responsibility of an editorial service provider via audiovisual media, including linear or non-linear broadcasts, or as published in printed or online media, unless it is meant as a political advertisement for which the service provider has been remunerated by a third party.
Amendment 202 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 3. ‘political advertisement’ means: a
Amendment 203 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 3. ‘online political advertisement’ means an instance of online political advertising;
Amendment 204 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 a (new) 3 a. "voting behaviour" means participation or non-participation in the voting process or vote for or against certain political actor or public issue;
Amendment 205 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 – point h a (new) (h a) any natural or legal person which is in a financial relationship or relationship of control with any of the persons or organisations in points (a) to (h);
Amendment 206 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 5. ‘political advertising service’ means a service consisting of political advertising that is provided without consideration for the placement, publication, promotion or dissemination for the specific message with the exception of an online intermediary service within the meaning of Article 2(f) of Regulation (EU) 2021/XXX [Digital Services Act]
Amendment 207 #
5 a. 'provider of political advertising services' means a natural or legal person engaged in the provision of political advertising services;
Amendment 208 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 6. ‘political advertising campaign’ means the preparation, placement, promotion, publication or dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship or funding, with a view to elections;
Amendment 209 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 6. ‘online political advertising campaign’ means the preparation, placement, promotion, publication or dissemination of a series of linked advertisements in the course of a contract for online political advertising, on the basis of common preparation, sponsorship or funding;
Amendment 210 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published or disseminated based on a written contract or agreement signed by all the parties involved;
Amendment 211 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, published, promoted or disseminated;
Amendment 212 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 8. ‘targeting or amplification techniques’ means techniques that are used either to address a tailored online political
Amendment 213 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 8. ‘targeting or amplification techniques’ means techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation, reach or visibility of a political advertisement, but which must respect personal data rules and not influence voter choices;
Amendment 214 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 8. ‘targeting or amplification techniques’ means techniques that are used by sponsors, political advertising publishers or providers of advertising services either to address
Amendment 215 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 8. ‘targeting
Amendment 216 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 a (new) 8 a. ‘ad delivery techniques’ means automated techniques that are used by political advertising publishers or providers of advertising services to determine which person or group of persons a political advertisement is delivered to.
Amendment 217 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 9. ‘electoral period’ means the period
Amendment 218 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State and during which the campaign activities are subject to specific rules in accordance with Member State law;
Amendment 219 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 Amendment 220 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 10. ‘relevant electorate’ means the body of individuals eligible to vote in the election or referendum being contested in
Amendment 221 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 11. ‘Digital political advertising publisher’ means a natural or legal person that
Amendment 222 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 11. ‘political advertising publisher’ means a
Amendment 223 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 Amendment 224 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 a (new) 12 a. ‘personal data’ within the meaning of Article 4(1) of Regulation (EU) 2016/679 and Article 3(1) of Regulation (EU) 2018/1725.
Amendment 225 #
Proposal for a regulation Article 3 – paragraph 2 2. The provisions of political advertising services shall not be prohibited nor restricted, including geographically, on grounds related to transparency when the requirements of this Regulation are complied with.
Amendment 226 #
Proposal for a regulation Article 3 a (new) Article 3 a Cross border Political Advertising 1.. The provision of political advertising services within the internal market may not be restricted solely on basis of the place of establishment of the sponsor. 2. The provision of cross border political advertising services to European Political Parties, can only be restricted by national law or European legislation other than this regulation.
Amendment 227 #
Proposal for a regulation Article 3 b (new) Article 3 b Non-discrimination 1. Political advertising publishers or providers of political advertising services shall not discriminate sponsors legally established in the European Union on grounds of their place of residence or, where applicable, establishment, when those actors request, conclude or hold a contract for political advertising within the Union. 2. Refusal to provide services in a Member State where political advertising publisher or providers of political advertising services do not conduct business shall not be considered discrimination.
Amendment 228 #
Proposal for a regulation Article 4 – paragraph 1 a (new) Amendment 229 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1 a. If the sponsor or the provider of advertising services acting on behalf of sponsor declares that the service they request does not constitute a political advertising service, and the service providers, including publishers, considers it does constitute a political advertising service within the meaning of Article 2(5), they shall inform the sponsors or providers of advertising services acting on behalf of a sponsor about their conclusions and the underlying reasons. If the sponsor, after obtaining the conclusion from the service provider, does not make the declaration and the difference of opinion persists, the matter should be referred to a dispute settlement mechanism within Member States’ relevant competent authorities.
Amendment 230 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) the online political advertisement or online political advertising campaign to which the service or services are connected;
Amendment 231 #
Proposal for a regulation Article 6 – paragraph 1 – point b (b) the specific service or services provided in connection to the online political advertising;
Amendment 232 #
Proposal for a regulation Article 6 – paragraph 1 – point c (c) the amounts they invoiced for the service or services provided, and the value of other benefits received or to be received in part or full exchange for the service or services provided; and
Amendment 233 #
Proposal for a regulation Article 6 – paragraph 1 – point c (c) the amounts they invoiced and recieved for the service or services provided, and the value of other benefits received in part or full exchange for the service or services provided; and
Amendment 234 #
Proposal for a regulation Article 6 – paragraph 1 – point d (d) the identity of the political actor and, where applicable, the identity of the sponsor and its contact details.
Amendment 235 #
Proposal for a regulation Article 6 – paragraph 1 – point d (d) where applicable, the identity of the sponsor and its verified contact details.
Amendment 236 #
Proposal for a regulation Article 6 – paragraph 1 – point d a (new) (d a) where applicable the election, referendum or legislative or regulatory process the advertisement is aiming to target.
Amendment 237 #
Proposal for a regulation Article 6 – paragraph 2 2. The information referred to in paragraph 1 point (a), (b) and (c) shall be in writing and may be in electronic form. Such information shall be retained for a period of
Amendment 238 #
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 be, and may be made available at any time to the competent authorities upon written request and within the time limit laid down by national law or that specified by the applicant.
Amendment 239 #
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 digital political advertising publisher which will disseminate the online political advertisement to enable digital political advertising publishers to comply with their obligations under this Regulation. That information shall be transmitted, in a timely and accurate manner in accordance with best practice and industry standards, by means of a standardised automated process where technically possible.
Amendment 240 #
Proposal for a regulation Article 7 – title Amendment 241 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. In the context of the provision of online political advertising services,
Amendment 242 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. In the context of the provision of political advertising services, each political advertisement shall be made available with the following information in an user friendly, accessible, machine readable, clear, salient and unambiguous way:
Amendment 243 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1.
Amendment 244 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) a clear and unambiguous statement to the effect that it is a political advertisement;
Amendment 245 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) a
Amendment 246 #
Proposal for a regulation Article 7 – paragraph 1 – point a – point i (new) i) a political advertisement, if Article 2(3) point (a) of this Regulation applies; or
Amendment 247 #
Proposal for a regulation Article 7 – paragraph 1 – point a – point ii (new) ii) a public issue advertisement, if Article 2(3) point (b) of this Regulation applies;
Amendment 248 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the identity of the political actor, the sponsor of the political advertisement and the entity ultimately controlling the sponsor;
Amendment 249 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the identity of the sponsor of the
Amendment 250 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the identity of the sponsor of the political advertisement and
Amendment 251 #
Proposal for a regulation Article 7 – paragraph 1 – point b a (new) (b a) the relevant decisive parameter or set of decisive parameters determining why the user sees this advertisement;
Amendment 252 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) a transparency notice to enable to understand the advertisement constitutes a political advertisement, the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved.
Amendment 253 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) a
Amendment 254 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) a transparency notice, as stipulated in paragraph 2 of this Article, to enable the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved.
Amendment 255 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) a transparency notice to enable the wider context of the political advertisement and its aims to be understood,
Amendment 256 #
Proposal for a regulation Article 7 – paragraph 1 – point c a (new) (c a) a statement on the cost of that individual advertising;
Amendment 257 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 In this regard,
Amendment 258 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 In this regard, political advertising publishers shall use
Amendment 259 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 In this regard, political advertising publishers shall use efficient and prominent marking and labelling techniques, in a clear and understandable way, that allow the political advertisement to be easily identified as such and shall ensure that the marking or labelling remains in place in the event a political advertisement is further disseminated.
Amendment 260 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 In this regard, digital political advertising publishers shall use efficient and prominent marking and labelling techniques that allow the online political advertisement to be easily identified as such and shall ensure that the marking or labelling remains in place in the event an online political advertisement is further disseminated.
Amendment 261 #
Proposal for a regulation Article 7 – paragraph 1 a (new) 1 a. Article 7a) Transparency notices and online repositories of political advertisements
Amendment 262 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. The transparency notice
Amendment 263 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. The transparency notice shall be included in each online political advertisement or be easily retrievable from it, and shall include the following information:
Amendment 264 #
Proposal for a regulation Article 7 – paragraph 2 – point a (a) the identity of the sponsor and verified contact details;
Amendment 265 #
Proposal for a regulation Article 7 – paragraph 2 – point a a (new) (a a) where applicable, the identity of the entity ultimately controlling the sponsor and contact details;
Amendment 266 #
Proposal for a regulation Article 7 – paragraph 2 – point a a (new) (a a) if applicable, the data used to identify their target audience;
Amendment 267 #
Proposal for a regulation Article 7 – paragraph 2 – point a b (new) (a b) if applicable, the source of the data used to determine their target audience;
Amendment 268 #
Proposal for a regulation Article 7 – paragraph 2 – point b (b) the period during which the political advertisement is intended to be p
Amendment 269 #
(b) the period during which the online political advertisement is intended to be published and disseminated;
Amendment 270 #
Proposal for a regulation Article 7 – paragraph 2 – point b a (new) (ba) the reach of the political message;
Amendment 271 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c)
Amendment 272 #
Proposal for a regulation Article 7 – paragraph 2 – point c (c) based among other
Amendment 273 #
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 online political advertising campaign where relevant, and their sources;
Amendment 274 #
Proposal for a regulation Article 7 – paragraph 2 – point c a (new) (c a) information on the aggregated amounts or other benefits received by all political advertising service providers, including publishers, in the whole value chain in part or full exchange for the preparation, placement, publication, promotion and dissemination of the relevant advertisement, and of the political advertising campaign where relevant;
Amendment 275 #
Proposal for a regulation Article 7 – paragraph 2 – point c b (new) (c b) the sources of the funds used in relation to points (c) and (ca);
Amendment 276 #
Proposal for a regulation Article 7 – paragraph 2 – point d (d) where applicable, an indication of elections or referendums with which the advertisement is linked
Amendment 277 #
Proposal for a regulation Article 7 – paragraph 2 – point d (d) where applicable, an indication of elections or referendums with which the advertisement is linked and the relevant electoral period;
Amendment 278 #
Proposal for a regulation Article 7 – paragraph 2 – point e (e)
Amendment 279 #
Proposal for a regulation Article 7 – paragraph 2 – point e a (new) (e a) where applicable, links to aggregated information on non-active and active political advertisements originating from the same sponsor.
Amendment 280 #
Proposal for a regulation Article 7 – paragraph 3 3.
Amendment 281 #
Proposal for a regulation Article 7 – paragraph 3 3.
Amendment 282 #
Proposal for a regulation Article 7 – paragraph 3 3. Political advertising publishers shall make
Amendment 283 #
Proposal for a regulation Article 7 – paragraph 4 4. T
Amendment 284 #
Proposal for a regulation Article 7 – paragraph 4 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the digital political advertising publisher with the political advertisement from its first publication until one year after its last publication.
Amendment 285 #
Proposal for a regulation Article 7 – paragraph 4 4. Transparency notices shall be kept up to date and presented in a format which is easily accessible and, where technically possible, machine readable, clearly visible and user friendly, including through the use of plain language. The information shall be published by the political advertising publisher with the political advertisement from its first publication until
Amendment 286 #
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 4 and may make them available to the competent authorities at any time upon written request and within the time limit laid down by national law or that specified by the applicant.
Amendment 287 #
Proposal for a regulation Article 7 – paragraph 5 5. Political advertising publishers shall retain the
Amendment 288 #
Proposal for a regulation Article 7 – paragraph 5 5. Political advertising publishers shall retain their transparency notices
Amendment 289 #
Proposal for a regulation Article 7 – paragraph 5 5.
Amendment 290 #
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
Amendment 291 #
Proposal for a regulation Article 7 – paragraph 6 6. Political advertising publishers which are very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall ensure that the repositories that they make available pursuant to Article 30(1) of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2 and ensure real-time access to such information for Member States’ relevant competent authorities. The repository shall contain all versions of the advertisement.
Amendment 292 #
Proposal for a regulation Article 7 – paragraph 6 6.
Amendment 293 #
Proposal for a regulation Article 7 – paragraph 6 a (new) 6 a. Political advertising publishers which are not very large online platforms within the meaning of Article 25 of Regulation (EU) 2021/xxx [the DSA] shall, for the purpose of this Regulation, create a repository for political advertisements in line with Article 30(1) of that Regulation and make available for each political advertisement in such a repository the information referred to in paragraph 2 and ensure real-time access to such information for Member States’ relevant competent authorities. The repository shall contain all versions of the advertisement.
Amendment 294 #
Proposal for a regulation Article 7 – paragraph 7 Amendment 295 #
Proposal for a regulation Article 7 – paragraph 7 7. Member States, including competent authorities, and the Commission shall encourage the drawing up of guidelines and 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. These guidelines and codes of conduct shall give attention to the application of this Article for both online and offline political advertising.
Amendment 296 #
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
Amendment 297 #
Proposal for a regulation Article 8 – paragraph 1 1. Where they provide political advertising services, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, based on a written contract or agreement signed by all the parties involved, including on the use of targeting and amplification techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements.
Amendment 298 #
Proposal for a regulation Article 8 – paragraph 1 1. Where they provide political advertising services, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and
Amendment 299 #
Proposal for a regulation Article 8 – paragraph 1 1. Where they provide political advertising services, digital advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and amplification techniques, aggregated by campaign, as part of their management report within the meaning of Article 19 of Directive 2013/34/EU in their annual financial statements.
Amendment 300 #
Proposal for a regulation Article 8 – paragraph 1 1. Where they provide political advertising services, advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services, including on the use of targeting and a
Amendment 301 #
Proposal for a regulation Article 9 Amendment 302 #
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 and in a user friendly way, that a particular advertisement which they have published does not comply with this Regulation.
Amendment 303 #
Proposal for a regulation Article 9 – paragraph 1 1. Where they provide online political advertising services, digital advertising publishers shall put in place mechanisms to enable individuals to notify them, free of charge, that a particular advertisement which they have published does not comply with this Regulation.
Amendment 304 #
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. Notifiers shall not be obliged to provide personal data. The political advertising publisher shall inform individuals who choose to provide contact details of the follow up given to the notification as referred to in paragraph 1.
Amendment 305 #
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 may seek guidance from competent authorities on issues raised in those submission and shall inform individuals of the follow up given to the notification as referred to in paragraph 1.
Amendment 306 #
Proposal for a regulation Article 9 – paragraph 3 3.
Amendment 307 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3 a. The political advertising publishers shall examine and address the notification referred to in paragraph 1 accordingly, in a diligent, objective and non-discriminatory manner and without undue delay. Where the notification indicates that it is concerning political advertising relating to a specific election or a referendum, political advertising publishers shall examine and address the notification as a matter of urgency when that election or referendum is due to take place within 30 days of the notification.
Amendment 308 #
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
Amendment 309 #
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 digital political advertising publisher concerned.
Amendment 310 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 – point a (a) a brief 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;
Amendment 311 #
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
Amendment 312 #
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 in a user friendly format, as soon as possible at the latest by two months after the request and without costs.
Amendment 313 #
Proposal for a regulation Article 11 – paragraph 2 – point b (b) members of a civil society organisation whose statutory objectives are
Amendment 314 #
Proposal for a regulation Article 11 – paragraph 2 – point d a (new) (d a) journalists accredited in a Member State by national, European or international bodies.
Amendment 315 #
Proposal for a regulation Article 11 – paragraph 2 – subparagraph 1 Amendment 316 #
Proposal for a regulation Article 11 – paragraph 2 – subparagraph 1 Such interested entities shall also include journalists
Amendment 317 #
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
Amendment 318 #
Proposal for a regulation Article 11 – paragraph 3 3. Following a request from an interested entity, the service provider shall
Amendment 319 #
Proposal for a regulation Article 11 – paragraph 5 5. Where requests pursuant to paragraph 1 are manifestly un
Amendment 320 #
Proposal for a regulation Article 11 – paragraph 6 Amendment 321 #
Proposal for a regulation Article 11 – paragraph 7 7. Service providers shall bear the burden of demonstrating that a request is
Amendment 322 #
Proposal for a regulation Chapter III – title III TARGETING AND AMPLIFICATION OF DIGITAL POLITICAL ADVERTISING
Amendment 323 #
Proposal for a regulation Chapter III – title III TARGETING AND AMPLIFICATION OF ONLINE POLITICAL ADVERTISING
Amendment 324 #
Proposal for a regulation Article 12 – title Specific requirements related to the use of personal data for targeting and amplification techniques
Amendment 325 #
Proposal for a regulation Article 12 – title 12 Specific requirements related to targeting and a
Amendment 326 #
Proposal for a regulation Article 12 – paragraph 1 Amendment 327 #
Proposal for a regulation Article 12 – paragraph 1 1. Targeting or a
Amendment 328 #
Proposal for a regulation Article 12 – paragraph 1 1. Targeting or amplification techniques that involve the processing of personal data
Amendment 329 #
Proposal for a regulation Article 12 – paragraph 1 1. Targeting or amplification techniques that involve the processing of personal data
Amendment 330 #
Proposal for a regulation Article 12 – paragraph 1 a (new) 1 a. Targeting and amplification techniques that involve the processing of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 in the context of political advertising, can be done in the situations referred to in Article 9(2)(a), (d) and (e) of Regulation(EU) 2016/679 and Article 10(2)(a), (d) and (e) of Regulation (EU) 2018/1725, whilst safeguarding democratic rights of EU-citizens, both voters and candidates or political parties, in particular the freedom of expression and information as enshrined in the Charter of the Fundamental Rights of the EU.
Amendment 331 #
Proposal for a regulation Article 12 – paragraph 1 a (new) Amendment 332 #
Proposal for a regulation Article 12 – paragraph 1 a (new) 1 a. Every political advertisement that has been subject to targeting as outlined in Article 12 shall be labelled in line with Article 7 and shall fulfil all the requirements laid down in Chapter II.
Amendment 333 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 334 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 335 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 336 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 337 #
Proposal for a regulation Article 12 – paragraph 2 Amendment 338 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 339 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 340 #
Proposal for a regulation Article 12 – paragraph 3 Amendment 341 #
Proposal for a regulation Article 12 – paragraph 3 – point a (a) adopt and implement an internal policy describing clearly and in plain language, in particular, the use of such techniques to target individuals or amplify the content, but without influencing voter choice, and retain such a policy for a period of five years;
Amendment 342 #
Proposal for a regulation Article 12 – paragraph 3 – point a (a) adopt and implement an internal policy describing clearly and in plain
Amendment 343 #
Proposal for a regulation Article 12 – paragraph 3 – point a a (new) (a a) make an internal annual risk assessment of the use of these techniques on the fundamental rights and freedoms of individuals and the society as a whole; the results of these risk assessments shall be made publicly available;
Amendment 344 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 345 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 346 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 347 #
Proposal for a regulation Article 12 – paragraph 5 Amendment 348 #
Proposal for a regulation Article 12 – paragraph 5 Amendment 349 #
Proposal for a regulation Article 12 – paragraph 5 Amendment 350 #
Proposal for a regulation Article 12 – paragraph 5 5. Political advertising publishers making use of targeting or amplification techniques referred to in paragraph 3 shall include in or together with the advertisement and in the transparency notice required under Article 7 a reference to effective means to support individuals
Amendment 351 #
Proposal for a regulation Article 12 – paragraph 6 Amendment 352 #
Proposal for a regulation Article 12 – paragraph 6 Amendment 353 #
Proposal for a regulation Article 12 – paragraph 6 Amendment 354 #
Proposal for a regulation Article 12 – paragraph 7 Amendment 355 #
Proposal for a regulation Article 12 – paragraph 7 Amendment 356 #
Proposal for a regulation Article 12 – paragraph 7 Amendment 357 #
Proposal for a regulation Article 12 – paragraph 8 Amendment 358 #
Proposal for a regulation Article 12 – paragraph 8 Amendment 359 #
Proposal for a regulation Article 12 – paragraph 8 Amendment 360 #
Proposal for a regulation Article 12 – paragraph 8 a (new) 8 a. The goal of targeting and amplification of digital political advertising is to integrate voters into the democratic discourse and to bring political topics to their attention. Digital political advertisement has the function to inform voters and targeting and amplification techniques can help fostering democratic participation, as long as these techniques are in line with all rules on data privacy that are laid down in the Regulation (EU)2016/679. The following targeting and amplification methods shall be permitted: (a) The processing of personal data in accordance with Regulation (EU) 2016/679 to identify and disseminate political advertising to primary voters; (b) The processing of personal data in accordance with Regulation (EU) 2016/679 to identify and disseminate political advertising to socio-demographic cohorts; (c) The processing of personal data in accordance with Regulation (EU) 2016/679 for apolitical party to identify and disseminate political advertising to its members, former members and affiliated persons; (d) The processing of data on age, gender, language, profession, geographic location and interests in accordance with Regulation (EU) 2016/679 to identify and disseminate political advertising to groups of persons;
Amendment 361 #
Proposal for a regulation Article 12 – paragraph 8 b (new) 8 b. The goal of targeting and amplification of digital political advertising is to integrate voters into the democratic discourse and to bring political topics to their attention. Digital political advertisement has the function to inform voters and targeting and amplification techniques can help fostering democratic participation, as long as these techniques are in line with all rules on data privacy that are laid down in the Regulation (EU)2016/679. The following targeting and amplification methods shall be permitted: (a) The processing of personal data in accordance with Regulation (EU) 2016/679 to identify and disseminate political advertising to primary voters; (b) The processing of personal data in accordance with Regulation (EU) 2016/679 to identify and disseminate political advertising to socio-demographic cohorts; (c) The processing of personal data in accordance with Regulation (EU) 2016/679 for a political party to identify and disseminate political advertising to its members, former members and affiliated persons; (d) The processing of data on age, gender, language, profession, geographic location and interests in accordance with Regulation (EU) 2016/679 to identify and disseminate political advertising to groups of persons;
Amendment 362 #
Proposal for a regulation Article 12 a (new) Article 12 a Specific requirements related to the use of personal data for online political advertising 1. Providers of intermediary services shall not process personal data for the purposes of targeting natural persons for online political advertising. 2. This provision shall not prevent intermediary services from displaying online political advertising based on contextual information such as keywords. 3. The use of the contextual information referred to in paragraph 2 shall only be permissible if it does not allow for the direct, or by means of combining it with other information, indirect identification of a natural person or a group of natural persons.
Amendment 363 #
Proposal for a regulation Article 13 Amendment 364 #
Proposal for a regulation Article 13 Amendment 365 #
Proposal for a regulation Article 13 Amendment 366 #
Proposal for a regulation Article 15 – paragraph 1 1.
Amendment 367 #
Proposal for a regulation Article 15 – paragraph 1 1. The supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 or Article 52 of Regulation (EU) 2018/1725 shall be competent to monitor the application of
Amendment 368 #
Proposal for a regulation Article 15 – paragraph 1 1. The supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 or Article 52 of Regulation (EU) 2018/1725 shall be competent to monitor the application of
Amendment 369 #
Proposal for a regulation Article 15 – paragraph 1 a (new) 1 a. In case the political advertising publisher is a very large online platform or of a very large online search engine the European Data Protection Board may initiate proceedings if it suspects the infringement of the Article 12 of this Regulation.
Amendment 370 #
Proposal for a regulation Article 15 – paragraph 1 b (new) 1 b. The initiation of proceedings pursuant to paragraph 1a of this Article by the European Data Protection Board shall relieve the national data protection authority or authorities, or any competent authority where applicable, of its powers to supervise and enforce the obligations under this Regulation.
Amendment 371 #
Proposal for a regulation Article 15 – paragraph 1 c (new) 1 c. The national data protection authorities shall, without undue delay after being informed of initiation of the proceedings, transmit to the European Data Protection Board any information they hold about the infringement at stake.
Amendment 372 #
Proposal for a regulation Article 15 – paragraph 1 d (new) Amendment 373 #
Proposal for a regulation Article 15 – paragraph 2 2.
Amendment 374 #
Proposal for a regulation Article 15 – paragraph 2 a (new) 2 a. The European Commission shall have exclusive competence to monitor the compliance of very large online platforms and very large search engines within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in this Regulation.
Amendment 375 #
Proposal for a regulation Article 15 – paragraph 2 b (new) 2 b. Article 44a, 44b, 45(1) to (4), 45a and Article 46(1) of Regulation (EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.
Amendment 376 #
Proposal for a regulation Article 15 – paragraph 2 c (new) Amendment 377 #
Proposal for a regulation Article 15 – paragraph 4 4. Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have the
Amendment 378 #
Proposal for a regulation Article 15 – paragraph 5 – point c a (new) (c a) issue guidance on compliance in response to requests raised by political advertising publishers under Article 9.
Amendment 379 #
Proposal for a regulation Article 15 – paragraph 5 – point c a (new) (c a) impose a periodic administrative fines and financial penalties;
Amendment 380 #
Proposal for a regulation Article 15 – paragraph 5 a (new) 5 a. Member States shall report annually to the Commission of the type of sanctions used and the amount of the administrative fines and financial penalties imposed under this subparagraph. The Commission shall summarise and evaluate these reports annually and also as part of the review process provided for in Article 18.
Amendment 381 #
Proposal for a regulation Article 15 – paragraph 6 6. Member States shall ensure cooperation among competent authorities and supervisory authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.
Amendment 382 #
Proposal for a regulation Article 15 – paragraph 6 6. Member States shall ensure cooperation among competent authorities and supervisory authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.
Amendment 383 #
Proposal for a regulation Article 15 – paragraph 6 6. Member States shall ensure cooperation among competent authorities and supervisory authorities in particular in the framework of national elections networks, to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation, including by jointly identifying infringements, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.
Amendment 384 #
Proposal for a regulation Article 15 – paragraph 8 a (new) 8 a. Where the provider of political advertising services is a very large online platform or a very large online search engine the European Election Authority may initiate proceedings if it suspects any infringement of this Regulation, except of Article 12.
Amendment 385 #
Proposal for a regulation Article 15 – paragraph 8 b (new) 8 b. The initiation of proceedings pursuant to paragraph 1a of this Article by the European Election Authority shall relieve the national authority or authorities, or any competent authority where applicable, of its powers to supervise and enforce the obligations under this Regulation.
Amendment 386 #
Proposal for a regulation Article 15 – paragraph 8 c (new) Amendment 387 #
Proposal for a regulation Article 15 – paragraph 8 d (new) 8 d. In the exercise of its powers of investigation under this Regulation the European Election Authority may request the individual or joint support of any national authority concerned by the suspected infringement, including the authority of establishment.
Amendment 388 #
Proposal for a regulation Article 15 – paragraph 9 9. Contact points shall meet periodically at Union level in the framework of the European Cooperation Network on Elections jointly with the European Election Authority to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation.
Amendment 389 #
Proposal for a regulation Article 15 – paragraph 9 a (new) 9a. The competent authorities of the Member States shall draw up, at the end of each campaign, election or referendum, reports on the conformity with existing legislation and with this Regulation of service providers providing political advertising services in the Union, as well as with the protection of personal data, when using techniques to target a specific audience or to amplify the impact of political advertising material. Those reports shall be forwarded to the Commission and, in the case of elections to the European Parliament, to the European Parliament.
Amendment 390 #
Proposal for a regulation Article 16 – paragraph 1 1. In relation to Articles
Amendment 391 #
Proposal for a regulation Article 16 – paragraph 1 1. In relation to Articles 5 to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable to providers of political advertising services under their jurisdiction for infringements of the present Regulation, which shall in each individual case be effective, proportionate and dissuasive. Administrative fines and financial penalties may be used cumulatively.
Amendment 392 #
Proposal for a regulation Article 16 – paragraph 2 2. Sanctions shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules within twelve months of the entry into force of this Regulation and shall notify it, without delay, of any subsequent amendments affecting them.
Amendment 393 #
Proposal for a regulation Article 16 – paragraph 3 – point a (a) the nature, gravity and duration of the infringement, with a focus on respect for personal data when using techniques to target a specific audience or to amplify the impact of political advertising material which may influence voter choice;
Amendment 394 #
Proposal for a regulation Article 16 – paragraph 4 4. Infringements of Articles 4, 5 and 7 shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period or during the period between the announcement of a referendum and the day of the referendum, and directed to citizens in the Member State in which the relevant election or referendum is being organised.
Amendment 395 #
Proposal for a regulation Article 16 – paragraph 5 5. If a service provider intentionally or negligently infringes the provisions of this regulation
Amendment 396 #
Proposal for a regulation Article 16 – paragraph 6 6. For infringements of the obligations laid down in Article 12, the supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679 may use the investigative and corrective powers laid down in that regulation and within their scope of competence impose administrative fines in line with Article 83 of Regulation (EU) 2016/679 and up to the amount referred to in Article 83(5) of that Regulation. In addition to or instead of an administrative fine the supervisory authorities may order a sponsor to suspend political advertising, and a political advertising publisher or provider of advertising services not to publish or disseminate political advertisements on behalf of that sponsor, for a limited period of time.
Amendment 397 #
Proposal for a regulation Article 16 a (new) Amendment 398 #
Proposal for a regulation Article 18 – paragraph 1 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 need for amendment to this Regulation. The report shall be made public and presented in a public hearing of the European Parliament.
Amendment 399 #
Proposal for a regulation Article 19 – paragraph 2 2. The power to adopt delegated acts referred to in Article 7(8)
Amendment 400 #
Proposal for a regulation Article 19 – paragraph 3 3. The delegation of power referred to in Article 7(8)
Amendment 401 #
Proposal for a regulation Article 19 – paragraph 5 5. A delegated act adopted pursuant to Article 7(8)
Amendment 402 #
(a)
Amendment 403 #
Proposal for a regulation Annex I – point b (b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is prepared, placed, published, promoted and disseminated including their name, address, telephone number and electronic mail address, and whether they are a natural or legal entity.
Amendment 404 #
Proposal for a regulation Annex I – point b (b) the identity and place of establishment of the sponsor on behalf of whom the advertisement is disseminated including their name, address, verified telephone number and electronic mail address, and whether they are a natural or legal entity.
Amendment 405 #
Proposal for a regulation Annex I – point b a (new) (b a) If applicable, the data used to identify the data subjects being targeted for the purpose of online political advertising, including: (a) data relating to the location of the data subjects; (b) data relating to the special characteristics of data subjects.
Amendment 406 #
Proposal for a regulation Annex I – point d (d) any election or referendum with which the advertising is linked, if applicable.
Amendment 407 #
Proposal for a regulation Annex I – point e (e) the provisional aggregated amount
Amendment 408 #
Proposal for a regulation Annex I – point e (e) the
Amendment 409 #
Proposal for a regulation Annex I – point e a (new) (e a) the aggregated amounts or other benefits received by all political advertising service providers, including publishers, in the whole value chain in part or full exchange for the preparation, placement, publication, promotion and dissemination of the relevant advertisement, and of the political advertising campaign where relevant
Amendment 410 #
Proposal for a regulation Annex I – point e b (new) (e b) the sources of the funds used in relation to points (e) and (ea);
Amendment 411 #
Proposal for a regulation Annex I – point f Amendment 412 #
Proposal for a regulation Annex I – point f (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, based on a written contract or agreement signed by all the parties involved.
Amendment 413 #
Proposal for a regulation Annex I – point g (g) meaningful information about the methodology used for the calculation of the amounts and values referred in
Amendment 414 #
Proposal for a regulation Annex I – point h (h)
Amendment 415 #
Proposal for a regulation Annex II Amendment 416 #
Proposal for a regulation Annex II Amendment 91 #
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, the production of studies and summaries, estimates and forecasts, and the use of 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.
Amendment 92 #
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
Amendment 93 #
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, both around and during electoral campaigns for local, regional, national or other elections, and also in between electoral campaigns, to attract new followers and supporters or to promote various political platforms and programmes.
Amendment 94 #
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 printed and online 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.
Amendment 95 #
Proposal for a regulation Recital 2 (2) Political advertising can be
Amendment 96 #
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
Amendment 97 #
Proposal for a regulation Recital 3 (3) Given that it is normally but not exclusively provided against remuneration, advertising, including political advertising, constitutes a service activity under Article 57 of the Treaty on the Functioning of the European Union (‘TFEU’). In Declaration No 22, regarding persons with a disability, annexed to the Treaty of Amsterdam, the Conference of the Representatives of the Governments of the Member States agreed that, in drawing up measures under Article 114 of the TFEU, the institutions of the Union are to take account of the needs of persons with disabilities.
Amendment 98 #
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
Amendment 99 #
Proposal for a regulation Recital 4 a (new) (4a) Transparency for publishers of political advertising, such as social media firms, is of fundamental importance for honest political debate and free elections. Those publishers should be transparent about ensuring equal access for political messages, and the reach of those messages, in order to maintain a level playing field.
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Old
Awaiting Council's 1st reading positionNew
Awaiting signature of act |
docs/15 |
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docs/13 |
|
events/9/docs |
|
docs/13 |
|
events/11 |
|
procedure/stage_reached |
Old
Awaiting Parliament's position in 1st readingNew
Awaiting Council's 1st reading position |
events/10 |
|
events/9 |
|
docs/12 |
|
docs/3/docs/0/url |
Old
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:2022:145:TOCNew
https://eur-lex.europa.eu/oj/daily-view/L-series/EN/TXT/?uri=OJ:C:2022:145:TOC |
events/6 |
|
docs/0 |
|
events/0 |
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docs/0 |
|
events/0 |
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docs/12 |
|
procedure/Legislative priorities/0 |
|
procedure/Legislative priorities/2 |
|
procedure/Legislative priorities/2/title |
Old
Joint Declaration on EU legislative priorities for 2023 and 2024New
Joint Declaration 2023-24 |
procedure/Legislative priorities/0 |
|
docs/13 |
|
events/6/summary |
|
docs/0 |
|
events/0 |
|
docs/0 |
|
events/0 |
|
docs/13 |
|
events/5/docs |
|
events/6 |
|
events/7 |
|
forecasts |
|
docs/13 |
|
events/4/summary |
|
events/5 |
|
forecasts/0 |
|
forecasts/1 |
|
docs/13 |
|
events/4 |
|
procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament's position in 1st reading |
events/3 |
|
procedure/Other legal basis |
Rules of Procedure EP 159
|
docs/12 |
|
docs/0 |
|
events/0 |
|
forecasts/0/title |
Old
Indicative plenary sitting dateNew
Debate in plenary scheduled |
docs/0 |
|
events/0 |
|
docs/0 |
|
events/0 |
|
forecasts |
|
docs/0 |
|
events/0 |
|
forecasts |
|
docs/11/docs/0/url |
https://www.europarl.europa.eu/doceo/document/LIBE-AD-734324_EN.html
|
docs/11 |
|
docs/0 |
|
events/0 |
|
docs/0 |
|
docs/10 |
|
docs/11 |
|
docs/11/docs/0/url |
https://www.europarl.europa.eu/doceo/document/JURI-AD-735590_EN.html
|
events/0 |
|
docs/10/date |
Old
2022-12-01T00:00:00New
2022-12-05T00:00:00 |
docs/10 |
|
forecasts/0/date |
Old
2023-01-16T00:00:00New
2023-02-01T00:00:00 |
docs/0 |
|
events/0 |
|
docs/0 |
|
events/0 |
|
docs/9/docs/0/url |
https://www.europarl.europa.eu/doceo/document/CULT-AD-735573_EN.html
|
docs/9 |
|
forecasts |
|
docs/8/docs/0/url |
https://www.europarl.europa.eu/doceo/document/AFCO-AD-719609_EN.html
|
docs/8 |
|
docs/6/docs/0/url |
https://www.europarl.europa.eu/doceo/document/IMCO-AM-736500_EN.html
|
docs/7/docs/0/url |
https://www.europarl.europa.eu/doceo/document/IMCO-AM-736517_EN.html
|
docs/6 |
|
docs/7 |
|
docs/0 |
|
events/0 |
|
docs/0 |
|
events/0 |
|
docs/0 |
|
events/0 |
|
links |
|
docs/0 |
|
events/0 |
|
docs/0 |
|
events/0 |
|
docs/0 |
|
events/0 |
|
docs/0 |
|
events/0 |
|
docs/0 |
|
events/0 |
|
committees/3/rapporteur/0/date |
Old
2022-04-28T00:00:00New
2022-07-13T00:00:00 |
procedure/Legislative priorities/0 |
|
docs/5/docs/0/url |
https://www.europarl.europa.eu/doceo/document/IMCO-PR-732754_EN.html
|
committees/1/rapporteur |
|
docs/3 |
|
docs/3 |
|
docs/4/docs/0/url |
https://dmsearch.eesc.europa.eu/search/public?k=(documenttype:AC)(documentnumber:6449)(documentyear:2021)(documentlanguage:EN)
|
docs/5 |
|
docs/0 |
|
events/0 |
|
committees/1 |
Old
New
|
committees/2 |
Old
New
|
committees/3/rapporteur |
|
committees/4 |
Old
New
|
docs/0 |
|
events/0 |
|
procedure/Legislative priorities |
|
procedure/subject/1.20.09 |
Protection of privacy and data protection
|
procedure/subject/2.40 |
Free movement of services, freedom to provide
|
procedure/subject/4.60.02 |
Consumer information, advertising, labelling
|
committees/0/shadows/3 |
|
committees/1 |
Old
New
|
committees/2 |
Old
New
|
committees/4 |
Old
New
|
docs/0 |
|
docs/4 |
|
events/0 |
|
events/2 |
|
procedure/Legislative priorities |
|
procedure/legal_basis/0 |
Rules of Procedure EP 57
|
procedure/subject/1.20.09 |
Protection of privacy and data protection
|
procedure/subject/2.40 |
Free movement of services, freedom to provide
|
procedure/subject/4.60.02 |
Consumer information, advertising, labelling
|
docs/4 |
|
committees/1/rapporteur |
|
committees/0/shadows/3 |
|
committees/2/rapporteur |
|
commission |
|
committees/0/shadows/2 |
|
committees/0/shadows/1 |
|
committees/0/shadows |
|
committees/0/rapporteur |
|
events |
|
procedure/dossier_of_the_committee |
|
procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
docs/0/summary |
|
committees/1 |
|
procedure/Legislative priorities |
|