Changes from adopted text to adopted text

RemovedArticle 6 – paragraph 3 b (new): 3b. When providers of political advertising services become aware that information which they have transmitted to a political advertising publisher has been updated, they shall ensure that the updated information is communicated to the political advertising publisher.

RemovedArticle 7 – title: Labelling requirements for political advertisements

RemovedArticle 7 – paragraph 1 – subparagraph 1 – introductory part: 1. Political advertising publishers shall ensure that every political advertisement contains the following information:

RemovedArticle 7 – paragraph 1 – subparagraph 1 – point a: (a) a clear statement that it is a political advertisement;

RemovedArticle 7 – paragraph 1 – subparagraph 1 – point b: (b) the identity of the sponsor of the political advertisement and, where applicable, the entity or person ultimately controlling or financing the sponsor;

RemovedArticle 7 – paragraph 1 – subparagraph 1 – point b a (new): (ba) where applicable, the election, referendum, legislative or regulatory process to which the political advertisement is linked.

RemovedArticle 7 – paragraph 1 – subparagraph 1 – point c: (c) a clear indication of where a permanent copy of the transparency notice containing the information referred to in Article 7a can be easily and directly retrieved, and, where necessary and possible, an update of that indication;

RemovedArticle 7 – paragraph 1 – subparagraph 1 a (new): Political advertising publishers shall ensure the completeness of information referred to in paragraphs 1a, 1b, 1ba, and 1c and the accuracy of information referred to in paragraph 1c.

RemovedArticle 7 – paragraph 1 – subparagraph 2: deleted

RemovedArticle 7 – paragraph 1 a (new): 1a. The information referred to in points (a) to (c) of paragraph 1 shall be made available in the form of labels. / Those labels shall be prominent, enable individuals to easily identify a political advertisiment as such and remain in place in the event that the political advertisement is further disseminated.

RemovedArticle 7 – paragraph 1 b (new): 1b. By [12 months after the entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 19 in order to supplement paragraph 1a of this Article establishing standardised and efficient techniques for labelling of political advertising including for the audiovisual sector, printed media, online and offline advertising, taking into account the particular characteristics of the medium in which it is published. / When adopting those delegated acts, the Commission shall take account of the latest technological and market developments, relevant scientific research and best practices.

RemovedArticle 7 – paragraph 1 c (new): 1c. In order to ensure uniform conditions for the implementation of paragraphs 1 and 1a of this Article, the Commission shall adopt implementing acts establishing uniform labels. / Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19a(2).

RemovedArticle 7 – paragraph 2: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 7 – paragraph 3: deleted

RemovedArticle 7 – paragraph 4: deleted

RemovedArticle 7 – paragraph 5: deleted

RemovedArticle 7 – paragraph 6: deleted

RemovedArticle 7 – paragraph 7: deleted

RemovedArticle 7 – paragraph 8: deleted

RemovedArticle 7 a (new): Article 7a / Transparency notices / 1. The transparency notice referred to in Article 7(1)(c) shall be made available by the political advertising publishers and shall include the following information: / (a) the identity, the address or the place of establishment and contact details of the sponsor; / (b) where applicable, the identity of the person or entity ultimately financing or otherwise controlling the sponsor, their address, or place of establishment and contact details; / (c) the period during which the political advertisement is intended to be published and disseminated; / (d) the aggregated amounts spent or other benefits received by the providers of political advertising services including those received by the publisher in part or full exchange for the preparation, placement, promotion, publication, delivery and dissemination of the relevant advertisement, and where relevant of the political advertising campaign, and the origin of the amounts and other benefits; / (e) where applicable, an indication of the elections, referendums, and legislative or regulatory processes with which the advertisement is linked; / (f) how to use the mechanisms provided for in Article 9(1); / (g) whether the advertisement has been suspended or discontinued due to violation of this Regulation; / (h) where applicable, a statement to the effect that the political advertisement has been targeted based on the use of personal data; / (i) where applicable, the specific groups of individuals t…

RemovedArticle 7 b (new): Article 7b / European repository for online political advertisements / 1. The Commission shall establish and ensure the management of a public repository for all online political advertisements. This repository shall ensure: / (a) the hosting of a database containing each online political advertisement, together with the information required under Article 7a(1) in respect of each online political advertisments for political advertising publishers that are not VLOPs or VLOSEs and that make political advertising available through an online service; / (b) that every online political advertisement, together with the information required under Article 7a(1), in respect of each online political advertisement can be publicly accessed. / A common data structure, common standards and a common application programming interface for the exchange of information with publishers, shall apply. The information shall be available in machine readable format, shall allow for multicriteria queries and shall be publicly accessible via a single portal. / 2. Political advertising publishers that are VLOPs or VLOSEs shall make in real time the information required under Article 7a(1) available in the repositories provided pursuant Article 39 of Regulation (EU) 2022/2065 (Digital Services Act), and publicly accessible through the European repository for online political advertisements, and shall update that information, as necessary. / 3. Where a provider of very large online platform or of very large…

RemovedArticle 8 – paragraph 1: 1. Political advertising publishers shall include information provided to them directly by sponsors or by providers of political advertising services 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 ad delivery techniques, aggregated by campaign, as part of a separate note to their management report within the meaning of Article 19 of Directive 2013/34/EU.

RemovedArticle 8 – paragraph 2: 2. Paragraph 1 shall not apply to micro, small and medium-sized enterprises within the meaning of Article 3 of Directive 2013/34/EU.

RemovedArticle 8 – paragraph 2 a (new): 2a. Providers of political advertising services shall, in accordance with national law, regularly report on the amounts or the value of other benefits received in part or full exchange for those services to the national competent authorities responsible for the auditing or supervision of political actors.

RemovedArticle 9 – paragraph 1: 1. Where they provide political advertising services, advertising publishers shall put in place mechanisms to enable natural or legal persons to notify them that a particular advertisement which they have published does not comply with this Regulation.

RemovedArticle 9 – paragraph 1 a (new): 1a. Those mechanisms shall be free of charge, user-friendly, and easy to access, including from the transparency notice. Where technically possible, those mechanisms shall allow notifications to be submitted by electronic means.

RemovedArticle 9 – paragraph 2: deleted

RemovedArticle 9 – paragraph 2 a (new): 2a. The mechanisms referred to in paragraph 1 shall facilitate the submission of precise and substantiated notifications so that political advertising publishers are able to identify the unlawfulness of the advertisements in question. To that end, advertising publishers shall take the necessary measures to enable and facilitate the submission of notifications containing all of the following elements: / (a) a substantiated explanation of the reasons why the person or entity submitting the notification alleges that the advertisement in question does not comply with this Regulation; / (b) information enabling the identification of the political advertisement; / (c) the name and email address of the individual or entity submitting the notification; / (d) a statement confirming that the person or entity submitting the notification believes in good faith that information contained therein is complete and accurate.

RemovedArticle 9 – paragraph 3: 3. Political advertising publishers shall send without undue delay a confirmation of receipt of the notification to persons who submitted it. / Political advertising publishers shall examine and address the notification in timely, diligent and objective manner. / Political advertising publishers shall inform without undue delay the sponsors or providers of political advertising services concerned, of the effect given to the notification. / Political advertising publishers shall provide clear and user-friendly information on the possibilities for redress in respect of the advertisement to which the notification relates and, where applicable, on the use of automated means for the processing of notifications.

RemovedArticle 9 – paragraph 3 a (new): 3a. In the month preceeding an election or a referendum, political advertising publishers shall process without undue delay and no later than 48 hours any notification that they receive about an advertisement linked to that election or referendum. Political advertising publishers that are micro and small enterprises within the meaning of Article 3 of Directive 2013/34/EU shall process without undue delay any notification that they receive about advertisement linked to that election or referendum.

RemovedArticle 9 – paragraph 4: 4. Repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to collectively by making use of automated tools, including by reference to an announcement on the website of the political advertising publisher concerned.

RemovedArticle 9 – paragraph 4 a (new): 4a. The Commission shall adopt delegated acts in accordance with Article 19 to supplement paragraph 1 of this Article by establishing technical specifications for the mechanism referred to in that paragraph, adapted for the audiovisual sector, printed media, online and offline advertising.

RemovedArticle 10 – paragraph 1 – subparagraph 1: Competent national authorities shall have the power to request that a provider of political advertising services transmit the information referred to in Articles 6, 7, 7a and 8. The transmitted information shall be complete, accurate and trustworthy, and shall be provided in a clear, coherent, consolidated and intelligible format. Where technically possible, the information shall be transmitted in a standardised and machine readable format.

RemovedArticle 10 – paragraph 1 – subparagraph 2 – point a: (a) a brief statement of reasons explaining the objective for which the information is requested, 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;

RemovedArticle 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 eight working days.

RemovedArticle 10 – paragraph 3 a (new): 3a. In the month preceding an election or a referendum, providers of political advertising services shall provide the requested information referred to in Articles 6, 7 and 8 that is under their control without undue delay and no later than 48 hours. Providers of political advertising services that are micro and small enterprises within the meaning of Article 3 of Directive 2013/34/EU shall provide the requested information without undue delay.

RemovedArticle 11 – paragraph 1 – subparagraph 1: roviders of political advertising services shall transmit the information referred to in Articles 6, 7 and 7a to interested entities promptly upon request, without costs and where technically possible in a machine readable format.

RemovedArticle 11 – paragraph 1 – subparagraph 2: deleted

RemovedArticle 11 – paragraph 2 – subparagraph 1 – point a: (a) vetted researchers in accordance with Article 40 of Regulation (EU) 2022/2065 (Digital Services Act);

RemovedArticle 11 – paragraph 2 – subparagraph 1 – point d a (new): (da) journalists.

RemovedArticle 11 – paragraph 2 – subparagraph 2: deleted

RemovedArticle 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 as soon as possible and, at the latest, within one month.

RemovedArticle 11 – paragraph 5: 5. Where requests pursuant to paragraph 1 are manifestly unclear, excessive or concerning information not within the control of the service provider, the service provider may refuse to provide the requested information. In such cases, the relevant service provider shall send a reasoned response to the interested entity making the request, including information on the possibilities for redress, including those that exist under Directive (EU) 2020/1828.

RemovedArticle 11 – paragraph 7: 7. Service providers shall bear the burden of demonstrating that a request is manifestly unclear, excessive or concerning information not within the control of the service provider, or that requests are repetitive and involve significant costs to process.

RemovedChapter III – title: TARGETING AND AD DELIVERY OF POLITICAL ADVERTISING SERVICES

RemovedArticle -12 (new): Article -12 / Prohibition of targeting and ad delivery techniques involving the processing of special categories of personal data / Targeting and ad delivery techniques that involve the processing of special categories of personal data as referred to in Article 9 of Regulation (EU) 2016/679 and in Article 10 of Regulation (EU) 2018/1725 in the context of political advertising services shall be prohibited.

RemovedArticle 12 – title: Specific requirements related to the processing of personal data for online targeting and ad delivery techniques

RemovedArticle 12 – paragraph 1: 1. Targeting and ad delivery techniques that involve the processing of personal data that is not special categories of personal data within the meaning of Article 9 of Regulation (EU) 2016/679 or of Article 10 of Regulation (EU) 2018/1725 in the context of political advertising services shall be strictly limited to the situations provided for in this Article.

RemovedArticle 12 – paragraph 1 a (new): 1a. Ad delivery techniques referred to in this Article shall determine the audience within the targeted audience without further processing of personal data, by random selection only.

RemovedArticle 12 – paragraph 1 b (new): 1b. Targeting and ad delivery techniques that involve the processing of personal data of persons of whom the data controller is aware with reasonable certainty that they are at least one year under the voting age established by national law shall be prohibited. Compliance with the obligations set out in this Article shall not oblige providers of online platforms to process additional personal data in order to assess whether the user of the service is a minor.

RemovedArticle 12 – paragraph 1 c (new): 1c. Targeting and ad delivery techniques that involve the processing of personal data shall be restricted to personal data explicitly provided by the data subject with his or her consent as defined in Article 4(11) of Regulation (EU) 2016/679 given solely for the purpose of online political advertising. / The personal data provided by the data subject by virtue of using a service or device, including provided content, shall not be considered as provided personal data and therefore shall not be used by the provider for the purpose of targeting and delivering political advertising. / The data controller shall 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. Refusing to give consent shall not be more difficult or time-consuming to the data subject than giving consent. Providers shall not request consent where the data subject exercises his or her right to object by automated means using technical specifications, in line with Article 21(5) of Regulation (EU) 2016/679. In the event the data subject refuses to give his or her consent, or has withdrawn his or her consent, he or she shall be given other fair and reasonable options to access information society services. / Targeting and ad delivery techniques referred to in this paragraph shall not combine more than four categories of personal data, including the location of the data subject. / If…

RemovedArticle 12 – paragraph 1 d (new): 1d. Notwithstanding paragraph 1c, 60 days immediately preceding an election or a referendum, targeting and ad delivery techniques that involve the processing of provided personal data shall be restricted to the following personal data explicitly provided by the data subject to the advertising publisher with his or her consent as defined in Article 4(11) of Regulation (EU) 2016/679 given solely for the purpose of online political advertising: / (a) the languages spoken by the data subject; / (b) the location of the data subject at the level of the constituency which is applicable in the relevant election or referendum; / (c) the information that the data subject is a first voter. / Subparagraphs 2 and 3 of paragraph 1c shall apply mutatis mutandis.

RemovedArticle 12 – paragraph 1 e (new): 1e. This Article shall not apply to internal communications of any political party, foundation, association or any other non-profit body, to their members and former members and to communications, such as newsletters, linked to their political activities, as long as those communications are solely based on subscription data and therefore strictly limited to their members, former members or subscribers and are based on personal data provided by them and do not involve further processing of personal data to target or otherwise further select the recipients and the messages they receive. Such forms of direct marketing fall under the scope of Regulation (EU) 2016/679 and Directive 2002/58/EC.

RemovedArticle 12 – paragraph 2: deleted

RemovedArticle 12 – paragraph 3 – introductory part: 3. When using targeting techniques in the context of political advertising services involving the processing of personal data, controllers shall, in addition to the requirements laid down in Regulation (EU) 2016/679, Regulation (EU) 2018/1725 and Regulation (EU) 2022/2065 (Digital Services Act), as applicable, comply with the following requirements:

RemovedArticle 12 – paragraph 3 – point a: (a) adopt, implement and make publicly available an internal policy describing clearly and in plain language, in particular, the use of such techniques to target individuals, and retain such policy for a period of ten years;

RemovedArticle 12 – paragraph 3 – point b: (b) keep records on the use of targeting, the relevant mechanisms, techniques and parameters used, and the source(s) of personal data used.

RemovedArticle 12 – paragraph 3 – point c: (c) provide, together with the indication that it is political advertisement, additional information necessary to allow the individual concerned to understand the logic involved and the main parameters of the technique used, and the use of third-party data and additional analytical techniques;

RemovedArticle 12 – paragraph 3 – point c a (new): (ca) make an internal annual risk assessment of the use of those 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.

RemovedArticle 12 – paragraph 4: 4. Political advertising publishers making use of targeting techniques involving the processing of personal data shall include in the transparency notice required under Article 7a(1), additional information necessary to enable the individual concerned to understand the logic involved and the main parameters of the technique used, and the use of third party data and additional analytical techniques. / It shall include, in particular, the following information: / (a) the targeting goals, mechanisms and logic including the inclusion and exclusion parameters, and the reasons for choosing those parameters; / (b) the period of dissemination, the number of individuals to whom the advertisement is disseminated; / (c) a link to or a clear indication of where the policy referred to in paragraph 3(a) can be easily retrieved.