Regulation (EU) 2024/900 on the transparency and targeting of political advertising

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Series Details 2024/900
Publication Date 20/03/2024
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Summary:

Regulation (EU) 2024/900 - adopted by the co-legislators on 13 March 2024 - focusing on the transparency and targeting of political advertising. This is a text with EEA relevance.

Further information:

Political advertising services in the European Union (EU) have developed over the years. The overall growth and particularly the increase in relevant online services, in a context of unevenly enforced and fragmented regulation, prompted concerns that the internal market was not equipped to provide political advertising to a high standard of transparency to ensure a fair and open democratic process in all Member States. Such concerns at regulatory gaps and insufficient transparency prompted some Member States to intervene with measures, but action at national level is insufficient to close gaps in cross-border enforcement.

This Regulation lays down harmonised rules, including transparency and related due diligence obligations, for the provision of political advertising and related services. It includes rules for sponsors, where applicable, on the collection, retention, disclosure and publication of information related to the provision of such services in the internal market. It also lays down harmonised rules on the use of targeting techniques and ad-delivery techniques that involve the processing of personal data in the context of the provision of online political advertising. The Act also regulates the supervision and enforcement of this Regulation, including as regards the cooperation and coordination between the competent authorities.

The need to deal with these issues was announced the Political Guidelines of the President of the European Commission and in the European Commission's European Democracy Action Plan (EDAP). The draft law was tabled by the European Commission on 25 November 2021 as part of a legislative package aimed at protection election integrity and promoting democratic participation. The Council of the European Union adopted its general approach to the proposal on 13 December 2022. The plenary of the European Parliament adopted its negotiating position on 2 February 2023. An informal agreement between the co-legislators on a compromise text for this file was reached on 6 November. This was endorsed by the Parliament on 27 February 2024 and by the Council on 11 March. The Act was signed by the co-legislators on 13 March 2024 and published in the Official Journal on 20 March 2024.

Source Link Link to Main Source http://data.europa.eu/eli/reg/2024/900/oj
Related Links
Official
EUR-LEX: COM(2021)731: Proposal for a Regulation on the transparency and targeting of political advertising https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2021:731:FIN
EUR-LEX: SWD(2021)355: Staff Working Document accompanying the Proposal - Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:355:FIN
EUR-LEX: SWD(2021)356: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:356:FIN
European Parliament: Legislative Observatory: Procedure File for Proposal on Transparency and targeting of political advertising (2021/0381(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2021/0381(COD)
European Parliament: Legislative Train Schedule: Proposal for a Regulation on the transparency and targeting of political advertising https://www.europarl.europa.eu/legislative-train/theme-a-new-push-for-european-democracy/file-greater-transparency-in-paid-political-advertising
European Commission: Strategy and Policy: Democracy and electoral rights https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/eu-citizenship-and-democracy/democracy-and-electoral-rights_en
European Commission: Committee on Internal Market and Consumer Protection: Subject Files: Transparency and Targeting of Political Advertising https://www.europarl.europa.eu/committees/en/transparency-and-targeting-of-political-/product-details/20230117CDT10925
European Commission: Have Your Say: Political advertising – improving transparency https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12826-Political-advertising-improving-transparency_en
European Commission: Press Release, 25/11/2021: European Democracy: Commission sets out new laws on political advertising, electoral rights and party funding https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6118
European Commission: Questions & Answers: Reinforcing democracy and integrity of elections (25 November 2021) https://ec.europa.eu/commission/presscorner/detail/en/qanda_21_6212
European Commission: Speech by Vice-President Jourová on proposals to reinforce democracy and the integrity of elections (25 November 2021) https://ec.europa.eu/commission/presscorner/detail/en/speech_21_6309
EU EDPS: Press Release, 20/01/2022: Online targeting for political advertising: stricter rules are necessary https://edps.europa.eu/press-publications/press-news/press-releases/2022/online-targeting-political-advertising-stricter_en
European Regulators Group for Audiovisual Media Services (ERGA): ERGA Position Paper on the Regulation on the transparency and targeting of political advertising (1 September 2022) https://erga-online.eu/wp-content/uploads/2022/09/2022-08-31-ERGA-Position-Paper-on-the-proposed-Regulation-on-political-advertising-2022-as-adopted.pdf
Council of the European Union: Press Release, 13/12/2022: Transparency and targeting of political advertising: Council agrees its negotiating mandate https://www.consilium.europa.eu/en/press/press-releases/2022/12/13/transparency-and-targeting-of-political-advertising-council-agrees-its-negotiating-mandate/
European Parliament: Press Release, 24/01/2023: MEPs toughen rules on political advertising https://www.europarl.europa.eu/news/en/press-room/20230123IPR68616/
Renew Europe EP Group: News, 02/02/2023: More transparency and harmonised rules on political advertising will protect our democratic processes https://www.reneweuropegroup.eu/news/2023-02-02/more-transparency-and-harmonised-rules-on-political-advertising-will-protect-our-democratic-processes
European Parliament: Press Release, 06/11/2023: Political advertising: deal on new measures to crack down on abuse https://www.europarl.europa.eu/news/en/press-room/20230626IPR00819/
Council of the European Union: Press Release, 07/11/2023: Transparency and targeting of political advertising: EU co-legislators strike deal on new regulation https://www.consilium.europa.eu/en/press/press-releases/2023/11/07/transparency-and-targeting-of-political-advertising-eu-co-legislators-strike-deal-on-new-regulation/
European Commission: Press Release, 07/11/2023: Commission welcomes political agreement on transparency of political advertising regulation https://ec.europa.eu/commission/presscorner/detail/en/ip_23_4843
European Parliament: Press Release, 24/01/2024: Internal Market MEPs endorse agreement on transparency of political advertising https://www.europarl.europa.eu/news/en/press-room/20240122IPR17040/
S&D EP Group: Newsroom, 16/02/2024: S&Ds push for full transparency for political ads https://www.socialistsanddemocrats.eu/newsroom/sds-push-full-transparency-political-ads
European Parliament: Press Release, 27/02/2024: Parliament adopts new transparency rules for political advertising https://www.europarl.europa.eu/news/en/press-room/20240223IPR18071/
Council of the European Union: Press Release, 11/03/2024: EU introduces new rules on transparency and targeting of political advertising https://www.consilium.europa.eu/en/press/press-releases/2024/03/11/eu-introduces-new-rules-on-transparency-and-targeting-of-political-advertising/

News
Reuters, 24/11/2021: EU rules aim for more transparency in targeted political ads https://www.reuters.com/world/europe/eu-rules-aim-more-transparency-targeted-political-ads-2021-11-24/
EurActiv, 25/11/2021: EU Commission presents new rules for political ads https://www.euractiv.com/section/digital/news/eu-commission-presents-new-rules-for-political-ads/
Euronews, 25/11/2021: Brussels bids to make online political adverts more transparent https://www.euronews.com/my-europe/2021/11/25/brussels-bids-to-make-online-political-adverts-more-transparent
Times of Malta, 25/11/2021: EU plans transparency in online political ads https://timesofmalta.com/articles/view/eu-plans-transparency-in-online-political-ads.917224
The Brussels Times, 05/09/2022: Better late than never: European Parliament mulls over how to combat political ads https://www.brusselstimes.com/262300/better-late-than-never-european-parliament-mulls-over-how-to-combat-political-ads
Euronews, 02/12/2022: EU seeks to curb use of personal data for online political advertising https://www.euronews.com/my-europe/2022/12/02/eu-seeks-to-curb-use-of-personal-data-for-online-political-advertising
The Brussels Times, 25/01/2023: European Parliament one step closer to tougher rules on political advertising https://www.brusselstimes.com/358192/european-parliament-one-step-closer-to-tougher-rules-on-political-advertising
Politico, 02/02/2023: European Parliament votes to transform online political campaigning https://www.politico.eu/article/european-parliament-approves-its-position-on-political-advertising-law/
Reuters, 02/02/2023: EU lawmakers agree to tougher rules on targeted political ads https://www.reuters.com/world/europe/eu-lawmakers-agree-tougher-rules-targeted-political-ads-2023-02-02/
The Guardian, 30/03/2023: Meta reportedly considering Europe political ads ban https://www.theguardian.com/technology/2023/mar/30/facebook-instagram-meta-considering-political-ads-ban-europe
Deutsche Welle, 11/08/2023: EU to crack down on targeted social media ads https://p.dw.com/p/4YZz3
EurActiv, 07/11/2023: EU policymakers nail down agreement on political advertising https://www.euractiv.com/section/platforms/news/eu-policymakers-nail-down-agreement-on-political-advertising/
EUObserver, 07/11/2023: EU tightens rules on political advertising — but not until 2025 https://euobserver.com/eu-political/157661
Reuters, 07/11/2023: Big Tech to face tougher rules on targeted political ads in EU https://www.reuters.com/technology/big-tech-face-tougher-rules-targeted-political-ads-eu-2023-11-07/
EurActiv, 07/11/2023: EU agrees on political advertising rulebook effective after Parliament elections https://www.euractiv.com/section/elections/news/eu-agrees-on-political-advertising-rulebook-effective-after-parliament-elections/
EUObserver, 27/02/2024: MEPs adopt new transparency rules for political ads https://euobserver.com/eu-elections/158148
Euronews, 27/02/2024: Lawmakers ban foreign sponsoring of online ads three months before EU election https://www.euronews.com/my-europe/2024/02/27/lawmakers-ban-foreign-sponsoring-of-online-ads-three-months-before-eu-election
Dutchnews.nl, 28/02/2024: EU parliament votes for tougher rules on online political ads https://www.dutchnews.nl/2024/02/eu-parliament-votes-for-tougher-rules-on-online-political-ads/

Commentary and Analysis
Politico, 23/11/2021: 5 things you need to know about Europe’s political ad rules https://www.politico.eu/article/political-ads-europe-facebook-google/
Google: Google in Europe Blog, 25/11/2021: New EU political ads law is a step in the right direction https://blog.google/around-the-globe/google-europe/new-eu-political-ads-law-step-right-direction/
European Democracy Consulting, 11/02/2022: Assessing the European Commission’s proposal for the reform of European political parties https://eudemocracy.eu/assessing-commission-reform-eu-parties
European Law Blog, 23/02/2022: The Proposed EU Regulation on Political Advertising Has Good Intentions, But Too Wide a Scope https://europeanlawblog.eu/2022/02/23/the-proposed-eu-regulation-on-political-advertising-has-good-intentions-but-too-wide-a-scope/
European Digital Rights (EDRi): Resources, 23/03/2022: Not everything is allowed in politics: Upcoming political advertising legislation must introduce limits https://edri.org/our-work/not-everything-is-allowed-in-politics-upcoming-political-advertising-legislation-must-introduce-limits/
European Broadcasting Union (EBU): News, 10/05/2022: Political advertising: EBU reacts to the European Commission's proposal https://www.ebu.ch/news/2022/05/political-advertising-ebu-reacts-to-the-european-commissions-proposal
European Publishers Council (EPC), 29/06/2022: EPC position of the on the Regulation on transparency of political advertising https://www.epceurope.eu/post/epc-position-of-the-on-the-regulation-on-transparency-of-political-advertising
European Center for Not-for-Profit Law (ECNL): News, 02/08/2022: Proposed EU regulation, controversial national bills and ECNL's recommendations on online targeted political ads. https://ecnl.org/news/regulating-online-political-advertising-europe-how-will-it-affect-civic-space
Disruptive Competition Project (DisCo), 26/10/2022: Political Advertising in the EU: Bridging the Gap Between Politicians and Citizens https://www.project-disco.org/european-union/102622-political-advertising-in-the-eu-bridging-the-gap-between-politicians-and-citizens/
Center for European Policy Analysis (CEPA): Insights & Analysis, 22/02/2023: Political Ads or Free Speech? Europe Debates the Answer https://cepa.org/article/political-advertisement-or-free-speech-europe-debates-the-answer/
Google: Google in Europe Blog, 23/02/2023: Five considerations for the EU’s new political ads rules https://blog.google/around-the-globe/google-europe/five-considerations-for-the-eus-new-political-ads-rules/
European Journal of International Law (EJIL): Talk! Blog, 24/02/2023: For Propaganda Without Disinformation: Draft EU Regulation on Political Advertising https://www.ejiltalk.org/21919-2/
London School of Economics (LSE): Media@LSE Blog, 09/03/2023: Regulation of online political advertising in Europe and potential threats to freedom of expression https://blogs.lse.ac.uk/medialse/2023/03/09/regulation-of-online-political-advertising-in-europe-and-potential-threats-to-freedom-of-expression/
DSA Observatory: Analysis, 16/03/2023: The EU is going too far with political advertising! https://dsa-observatory.eu/2023/03/16/the-eu-is-going-too-far-with-political-advertising/
EurActiv: Podcasts: The Tech Brief, 17/03/2023: Political advertising: progress and prospects as trilogues begin https://www.euractiv.com/section/digital/podcast/political-advertising-progress-and-prospects-as-trilogues-begin/
Verfassungsblog, 23/03/2023: Political Advertising and Disinformation. The EU Draft Regulation on Political Advertising Might De-Amplify Political Everyday-User Tweets - and Become a Blueprint for Stronger Online Platform Regulation https://verfassungsblog.de/political-advertising-and-disinformation/
Human Rights Watch (HRW): News, 27/03/2023: EU: Stronger Rules Needed for Political Ads https://www.hrw.org/news/2023/03/27/eu-stronger-rules-needed-political-ads
European Digital Rights (EDRi): Resources, 31/05/2023: Will the European Union allow politicians to use your personal data for political advertising? https://edri.org/our-work/will-the-european-union-allow-politicians-to-use-your-personal-data-for-political-advertising/
The Conversation, 26/06/2023: Fake news: EU targets political social media ads with tough new regulation proposal https://theconversation.com/fake-news-eu-targets-political-social-media-ads-with-tough-new-regulation-proposal-208132
Article 19: Resources, 23/08/2023: EU: Political Advertising Proposal is well-intentioned yet concerning https://www.article19.org/resources/eu-political-advertising-proposal-is-well-intentioned-yet-concerning/
European Digital Rights (EDRi): Resources, 12/10/2023: Political negotiations continue: EU lawmakers fail to agree on strong rules for regulating political advertising https://edri.org/our-work/political-negotiations-continue-eu-lawmakers-fail-to-agree-on-strong-rules-for-regulating-political-advertising/
KU Leuven: Centre for IT & IP Law: CiTiP Blog, 24/10/2023: The proposed EU regulation on political advertising. Reconciling fundamental rights safeguards with the objective to tackle disinformation https://www.law.kuleuven.be/citip/blog/the-proposed-eu-regulation-on-political-advertising-reconciling-fundamental-rights-safeguards-with-the-objective-to-tackle-disinformation/
Verfassungsblog, 31/10/2023: Regulating Political Advertising https://verfassungsblog.de/regulating-political-advertising/
The Brussels Times, 07/11/2023: 'Protecting our elections': EU wants stricter rules for online political ads https://www.brusselstimes.com/785552/protecting-our-elections-eu-wants-stricter-rules-for-online-political-ads
European Partnership for Democracy (EPD), 10/01/2024: Political agreement on the Regulation on the transparency and targeting of political advertising https://epd.eu/news-publications/reaction-to-the-political-agreement-on-the-regulation-on-the-transparency-and-targeting-of-political-advertising/
European Broadcasting Union (EBU): News, 12/03/2024: EU law on political advertising secures editorial freedom and appropriate transparency requirements https://www.ebu.ch/news/2024/03/eu-law-on-political-advertising-secures-editorial-freedom-and-appropriate-transparency-requirements
Center for Democracy and Technology (CDT): Insights, 20/03/2024: New EU Rules on Political Advertising Set to Have Limited Impact on Advertising Ecosystem https://cdt.org/insights/new-eu-rules-on-political-advertising-set-to-have-limited-impact-on-advertising-ecosystem/

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