Political Advertising Regulation (PAR)
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Summary
Regulation (EU) 2024/900 lays down harmonised transparency and due-diligence rules for political advertising and related services in the EU. It requires clear labelling of political ads, disclosure of key information (including sponsor and amounts spent), and establishes specific safeguards for the use of personal data and targeting/advertising techniques in a political context. It also introduces rules for cross-border provision of political advertising services and cooperation between competent authorities.
Who is affected?
Political advertising publishers and platforms, advertising intermediaries (e.g., agencies, ad-tech providers), and sponsors of political advertising (including political parties, candidates and campaign organisations) are affected. Online services involved in the preparation, placement, promotion, publication or dissemination of political advertising in the EU must comply with the transparency and process obligations.
Scope
Applies to political advertising and political advertising services in the Union, including online and offline formats, with particular requirements for online advertising techniques and the use of personal data in political advertising.
Key Points
- Mandatory labelling of political advertising and provision of a transparency notice with key information (e.g., sponsor identity, amounts spent, and the election/referendum or political issue concerned).
- Due-diligence obligations for providers of political advertising services, including processes to ensure information is collected, retained and made available as required.
- Specific restrictions and safeguards for targeting and ad delivery techniques in political advertising, including conditions linked to the use of personal data.
- Rules to facilitate cross-border political advertising services and improve oversight through cooperation between national competent authorities.
- Record-keeping and information-access requirements to support supervision and enforcement.
Related Regulations
Frequently Asked Questions
Who must comply with the Political Advertising Regulation (PAR)?
The PAR applies to political advertising publishers and platforms, advertising intermediaries such as agencies and ad-tech providers, and sponsors of political advertising, including political parties, candidates, and campaign organisations. Online services involved in the preparation, placement, promotion, publication, or dissemination of political advertising in the EU are also required to comply.
What types of advertising fall under the scope of the PAR?
The PAR covers both online and offline political advertising and related services within the EU. It specifically addresses advertising that relates to elections, referenda, or political issues, with particular requirements for online advertising and the use of personal data.
What are the key transparency obligations under the PAR?
Political advertisements must be clearly labelled as such and accompanied by a transparency notice. This notice must disclose the sponsor's identity, the amount spent, and the political event or issue concerned.
What due-diligence requirements are imposed on service providers?
Providers of political advertising services must implement processes to collect, retain, and make available key information about political ads. They are also responsible for ensuring compliance with transparency and record-keeping obligations.
How does the PAR regulate the use of personal data in political advertising?
The PAR introduces specific restrictions and safeguards for targeting and ad delivery techniques that use personal data. It sets conditions for the lawful use of such data in political advertising to protect individuals' rights and privacy.
Are there special rules for cross-border political advertising within the EU?
Yes, the PAR facilitates the provision of cross-border political advertising services and establishes cooperation mechanisms between national competent authorities to ensure effective oversight and enforcement.
What are the penalties for non-compliance with the PAR?
Penalties for non-compliance are determined by national authorities and may include fines and other corrective measures. The regulation requires Member States to ensure that penalties are effective, proportionate, and dissuasive.
How does the PAR interact with other EU regulations, such as the GDPR?
The PAR complements existing EU data protection laws, such as the GDPR, by introducing additional requirements specific to political advertising. Compliance with both the PAR and the GDPR is necessary when processing personal data for political advertising purposes.
What practical steps should organisations take to comply with the PAR?
Organisations should implement clear labelling and transparency mechanisms for political ads, establish robust record-keeping and due-diligence processes, review targeting and data usage practices, and ensure staff are trained on the new requirements. They should also monitor guidance from national authorities for further compliance details.
When did the Political Advertising Regulation enter into force?
Regulation (EU) 2024/900 is currently in force. Organisations should check the specific application dates and transitional provisions as set out in the regulation.
Key Terms
- Political Advertising
- Any message in any medium intended to influence the outcome of an election, referendum, or political process, or to influence public opinion on political issues.
- Transparency Notice
- A mandatory disclosure accompanying political advertisements, providing key information such as the sponsor's identity, amount spent, and the political event or issue addressed.
- Political Advertising Service Provider
- Any entity involved in the preparation, placement, promotion, publication, or dissemination of political advertising, including intermediaries like agencies and ad-tech providers.
- Sponsor
- The individual or organisation that finances or is otherwise responsible for a political advertisement, including political parties, candidates, and campaign organisations.
- Targeting Techniques
- Methods used to deliver political advertisements to specific individuals or groups based on personal data or other criteria.
- Ad Delivery Techniques
- Technological processes or strategies used to distribute political advertisements to audiences, including algorithmic and programmatic methods.
- Cross-border Political Advertising
- The provision or dissemination of political advertising services across EU Member State borders, subject to specific rules and cooperation requirements.
- Competent Authority
- A national regulatory or supervisory body designated to oversee and enforce compliance with the Political Advertising Regulation.
- Record-keeping Obligation
- The requirement for service providers to collect, retain, and make available information about political advertisements for a specified period to support supervision and enforcement.
- Due-diligence Obligation
- The responsibility of political advertising service providers to implement processes ensuring compliance with transparency, record-keeping, and information-access requirements.