Changes from adopted text to adopted text

RemovedRecital 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) 2022/2065 (Digital services Act), Regulation (EU) 2022/1925 (Digital Markets Act), Directive 2002/58/EC, as well as Directive 2010/13/EU, Directive 2000/31/EC, Directive 2005/29/EC, Directive 2011/83/EU, Directive 2006/114/EC, Directive 2006/123/EC and Regulation (EU) 2019/1150. This Regulation should complement the Union data protection acquis, in particular Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive 2002/58/EC and provide for specific data protection rules thereto. This Regulation does not provide for a legal ground that satisfies the requirements of Article 6 of Regulation (EU) 2016/679 or Article 5 of Regulation (EU) 2018/1725 for the processing of personal data for the purpose of political advertising.

RemovedRecital 71: (71) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on 20 January 2022.

RemovedArticle 1 – paragraph 1 – introductory part: 1. This Regulation lays down harmonised rules on:

RemovedArticle 1 – paragraph 1 – point a: (a) 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;

RemovedArticle 1 – paragraph 1 – point b: (b) 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;

RemovedArticle 1 – paragraph 1 – point b a (new): (ba) the supervision and enforcement of this Regulation, including as regards the cooperation and coordination between the competent authorities.

RemovedArticle 1 – paragraph 2: 2. This Regulation shall apply to political advertising that is sponsored, prepared, placed, promoted, published, delivered or disseminated in the Union, or that is directed to individuals in one or several Member States, irrespective of the place of establishment of the sponsor or the advertising services provider concerned, and irrespective of the means used.

RemovedArticle 1 – paragraph 2 a (new): 2a. Political views and opinions and other editorial content expressed under the editorial responsibility of a media service provider shall 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.

RemovedArticle 1 – paragraph 3 – point a: (a) to contribute to the harmonisation and proper functioning of a transparent, safe, predictable and trusted internal market for political advertising and related services;

RemovedArticle 1 – paragraph 3 – point b: (b) to protect the fundamental rights and freedoms enshrined in the Union and national law, including those enshrined in the Charter of Fundamental Rights, and, in particular, to protect natural persons with regard to the right to privacy and the processing of personal data.

RemovedArticle 1 – paragraph 4 – point b: (b) Directive 2002/58/EC;

RemovedArticle 1 – paragraph 4 – point f: (f) Directive 2010/13/EU;

Removed1

RemovedArticle 1 – paragraph 4 – point i: (i) Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act), OJ L 277, 27.10.2022, p. 1;

RemovedArticle 1 – paragraph 4 – point i a (new): (ia) Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act), OJ L 265, 12.10.2022, p. 1.

RemovedArticle 1 – paragraph 4 a (new): 4a. The data protection rules on processing of personal data provided for in this Regulation shall be considered as specific data protection rules to the general rules laid down in the Regulations (EU) 2016/679 and (EU) 2018/1725. None of the provisions in this Regulation can be applied or interpreted in such way as to diminish or limit level of protection offered by the right to respect for private life and protection of personal data and by the right of freedom of expression as protected in the Charter of Fundamental Rights and in the Union law on data protection and privacy, in particular by Regulations (EU) 2016/679 and (EU) 2018/1725.

RemovedArticle 1 – paragraph 4 b (new): 4b. This Regulation shall not affect the content of political advertising, or Union or Member States rules regulating the content of political advertising, electoral periods and the organisation and conduct of political campaigning.

RemovedArticle 2 – paragraph 1 – point 2 – introductory part: 2. ‘political advertising’ means the preparation, placement, promotion, publication, delivery or dissemination, by any means, of a message:

RemovedArticle 2 – paragraph 1 – point 2 – point b: (b) which is liable to influence voting behaviour or the outcome of an election, referendum, or a legislative or regulatory process.

RemovedArticle 2 – paragraph 1 – point 4 – point d: (d) a candidate for or holder of any elected office at Union, national, regional and local level, or for one of the leadership positions within a political party;

RemovedArticle 2 – paragraph 1 – point 4 – point e: deleted

RemovedArticle 2 – paragraph 1 – point 4 – point f: (f) an unelected member of government at Union, national, regional or local level;

RemovedArticle 2 – paragraph 1 – point 4 – point g: (g) a political campaign organisation with or without legal personality, established for the purpose of influencing the outcome of an election, referendum or a legislative or regulatory process;

RemovedArticle 2 – paragraph 1 – point 4 – point h: (h) any natural or legal person representing or acting on behalf of any of the persons or organisations referred to in points (a) to (g), promoting the political objectives of any of those.

RemovedArticle 2 – paragraph 1 – point 5: 5. ‘political advertising service’ means a service consisting of political advertising with the exception of an online intermediary service within the meaning of Article 3, point (g) of Regulation (EU) 2022/2065 (Digital Services Act) that is provided without consideration for the preparation, placement, promotion, publication, delivery or dissemination of the specific message;

RemovedArticle 2 – paragraph 1 – point 5 a (new): 5a. 'provider of political advertising services' means a natural or legal person engaged in the provision of political advertising services, with the exception of purely ancillary services;

RemovedArticle 2 – paragraph 1 – point 6: 6. ‘political advertising campaign’ means the preparation, placement, promotion, publication, delivery 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;

RemovedArticle 2 – paragraph 1 – point 6 a (new): 6a. ‘very large online platform’ means an online platform designated as a very large online platform pursuant to Article 33(4) of Regulation (EU) 2022/2065 (Digital Services Act);

RemovedArticle 2 – paragraph 1 – point 6 b (new): 6b. ‘very large online search engine’ means an online search engine designated as a very large online search engine pursuant to Article 33(4) of Regulation (EU) 2022/2065 (Digital Services Act);

RemovedArticle 2 – paragraph 1 – point 7: 7. ‘sponsor’ means the natural or legal person on whose behalf a political advertisement is prepared, placed, promoted, published, delivered or disseminated;

RemovedArticle 2 – paragraph 1 – point 8: 8. ‘targeting techniques’ means techniques that are used by sponsors, political advertising publishers or providers of advertising services to tailor a political advertisement only to a specific person or group of persons or to exclude them by processing personal data, in particular through the collection of their data;

RemovedArticle 2 – paragraph 1 – point 8 a (new): 8a. ‘ad delivery techniques’ means automated techniques of processing of personal data that typically rely on algorithms or the automated processing of data and that are employed by political advertising publishers or providers of political advertising services involved in the promotion, publication and dissemination of political advertisements to determine a specific audience within the potential audience defined by the sponsors and providers of advertising services, acting on behalf of sponsors;

RemovedArticle 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, in accordance with national legislation, and during which the campaign activities are subject to specific rules;

RemovedArticle 2 – paragraph 1 – point 11: 11. ‘political advertising publisher’ means a provider of political advertising service that places, promotes, publishes, delivers or disseminates political advertising through any medium;

RemovedArticle 2 – paragraph 2: For the purposes of the first paragraph, point (2) messages from official sources shall not constitute political advertising if they are strictly limited to the announcement of elections or referendums or of the modalities for participation in elections or referendums.

RemovedArticle 3 – paragraph 1: 1. Member States shall not maintain or introduce, on grounds related to transparency of political advertising, provisions or measures diverging from those laid down in this Regulation.

RemovedArticle 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.

RemovedArticle 3 a (new): Article 3a / Provision of political advertising services in the Union / 1. Providers of political advertising services shall 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. / 2. By way of exception from paragraph 1, political advertising services shall 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. / 3. The provision of cross border political advertising services to European Political Parties within the meaning of Regulation [Regulation on Political Parties] shall not be subject to restrictions other than those provided for by this Regulation or other acts of Union or national law, where applicable.

RemovedChapter II – title: TRANSPARENCY AND DUE DILIGENCE OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES

RemovedArticle 4 – title: Transparency and due diligence obligations for political advertising services

RemovedArticle 4 – paragraph 1: Political advertising services shall be provided in a transparent manner in accordance with the obligations laid down in Articles 4 to 11 and Article 14 of this Regulation.

RemovedArticle 4 – paragraph 1 a (new): Providers of political advertising services shall ensure that the contracts concluded for the provision of political advertising services clearly set out how the relevant provisions of this Regulation, including regarding due diligence and allocation of responsibility for provision, as well as completeness and accuracy of information, are to be effectively complied with.

RemovedArticle 5 – paragraph 1: 1. Providers of advertising services shall request sponsors and providers of advertising services acting on behalf of sponsors to declare whether the advertising service that they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(5). Sponsors and providers of advertising services acting on behalf of sponsors shall make such a declaration in good faith and in clear terms, and shall be responsible for its accuracy.

RemovedArticle 5 – paragraph 1 a (new): 1a. Providers of advertising services that receive a declaration, from a sponsor, or from a provider of advertising services acting on behalf of a sponsor, that advertising constitutes political advertising shall make best efforts to ensure that those declarations are made in accordance with paragraph 1 before the provision of the service.

RemovedArticle 5 – paragraph 2: 2. Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service require the sponsor and where applicable providers of advertising services acting on behalf of the sponsor to provide the information necessary to comply with Articles 6(1), 7(1) and 7a(1), as appropriate. / Sponsors shall ensure the accuracy of, and provide the information necessary to comply with Article 6(1), points (ca) and (d), Article 7(1), points (a), (b) and (ba), and Article 7a(1), points (a) and (b). / Sponsors, or where applicable providers of advertising services acting on behalf of sponsors shall ensure the accuracy of, and provide the information necessary to comply with Article 6(1), points (a), (b), (ba), (c) and (da) and Article 7a(1), points (c), (d) and (e). / Sponsors and providers of advertising services acting on behalf of sponsors shall provide that information in a timely, complete and accurate manner.

RemovedArticle 5 – paragraph 2 a (new): 2a. Providers of advertising services shall require sponsors, or providers of advertising services acting on behalf of sponsors, who submit a declaration or information in accordance with this Article that is manifestly erroneous to correct that declaration or that information. Sponsors, or providers of advertising services acting on behalf of sponsors, shall act upon such a request without undue delay.

RemovedArticle 5 – paragraph 2 b (new): 2b. Where applicable, providers of advertising services shall design and organise their online interface in a way that enables sponsors, and providers of advertising services acting on behalf of sponsors, to comply with their obligations as referred to in paragraph 1 of this Article and Article 6(1).

RemovedArticle 5 – paragraph 2 c (new): 2c. Political advertising publishers that are also Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) shall diligently identify, analyse and assess any systemic risks that their political advertising services pose in the context of their risk assessments according to Article 34 of Regulation (EU) 2022/2065 (Digital Services Act) and put in place reasonable, proportionate and effective mitigation measures in accordance with Article 35 of Regulation (EU) 2022/2065 (Digital Services Act) to address these risks.

RemovedArticle 5 a (new): Article 5a / Identification of a political advertisement / For the purpose of determining whether a message constitutes a political advertising within the meaning of Article 2(2)(b), account shall be taken of all its features, and in particular the following: / (a) the content of the message; / (b) the sponsor of the message; / (c) the spoken or written language used to convey the message; / (d) the form of the message or the means by which the message is prapared, placed, promoted, published, delivered or disseminated; / (e) the targeted audience; / (f) the context in which the message is conveyed, including the period of dissemination such as election or referendum periods, or disseminaion of the message during and a legislative or regulatory process; / (g) the objective of the message. / The Commission shall draw up common guidance intended to contribute to the proper application of this Article.

RemovedArticle 6 – title: Record-keeping and transmission of information to the political advertising publisher

RemovedArticle 6 – paragraph 1 – introductory part: 1. Providers of political advertising services shall retain information they collect in the provision of their services, to the extent necessary to comply with this Regulation, on the following:

RemovedArticle 6 – paragraph 1 – point b: (b) the specific service or services that they provided in connection with the political advertising;

RemovedArticle 6 – paragraph 1 – point b a (new): (ba) the starting date and, where available, the period during which the service or services were provided;

RemovedArticle 6 – paragraph 1 – point c: (c) the amounts they invoiced for the service or services provided, and the value of other benefits received in part or full exchange for the service or services provided;

RemovedArticle 6 – paragraph 1 – point c a (new): (ca) information on the public or private origin of those amounts and other benefits, as well as whether they originate from inside or outside of the Union;

RemovedArticle 6 – paragraph 1 – point d: (d) the identity of the sponsor of the political advertisement and its contact details and, where applicable, the identity and the contact details of the legal or natural person who ultimately controlls the sponsor, and for legal persons, the place of establishment; and

RemovedArticle 6 – paragraph 1 – point d a (new): (da) where applicable, an indication of elections or referendums to which the political advertisement is linked.

RemovedArticle 6 – paragraph 2: 2. The information referred to in paragraph 1 shall be both in written and in electronic form. Such information shall be retained in a machine-readable format for a period of ten years from the date of the last preparation, placement, promotion, publication, delivery or dissemination, as the case may be.

RemovedArticle 6 – paragraph 3: 3. Providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated in a timely and accurate manner to the political advertising publisher which will place, promote publish, deliver or disseminate the political advertisement, so as to enable political advertising publishers to comply with their obligations under this Regulation. Providers of political advertising services shall make reasonable efforts to ensure that the information retained pursuant to paragraph 1 is complete and accurate. / When the political advertising publisher is the only provider of political advertising services, the sponsor shall communicate the relevant information to the political advertising publisher.

RemovedArticle 6 – paragraph 3 a (new): 3a. When a provider of political advertising services provides a service, it shall also transmit to the relevant political advertising publisher the information retained pursuant to paragraph 1 in accordance with best practice and industry standards, where technically possible, by means of a standardised automated process.