BETA

Activities of Paul TANG related to 2021/0381(COD)

Plenary speeches (2)

Transparency and targeting of political advertising (debate)
2023/02/01
Dossiers: 2021/0381(COD)
Transparency and targeting of political advertising (debate)
2024/02/26
Dossiers: 2021/0381(COD)

Shadow opinions (1)

OPINION on the proposal for a regulation of the European Parliament and of the Council on the transparency and targeting of political advertising
2022/12/08
Committee: LIBE
Dossiers: 2021/0381(COD)
Documents: PDF(327 KB) DOC(229 KB)
Authors: [{'name': 'Anna Júlia DONÁTH', 'mepid': 197595}]

Amendments (219)

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 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, 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 or other forms of remuneration.
2022/07/20
Committee: LIBE
Amendment 95 #
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, online and offline. 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.
2022/07/20
Committee: LIBE
Amendment 101 #
Proposal for a regulation
Recital 5
(5) In the context of political advertising, targeting techniques are frequently used. Targeting or amplificationd delivery 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. Given the power and the potential for the misuse of personal data of targeting, including through microtargeting and other advanced techniques, such techniques mayare likely to present particular threats to legitimate public interests, such as fairness, equal opportunities and transparency in the electoral process, and the fundamental rights to be informed in an objective, transparent and pluralistic way without increasing information asymmetry, polarisation and "filter bubbles" and be treated equally indifferent of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.
2022/07/20
Committee: LIBE
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 amplificationd delivery techniques in the context of the publication, dissemination or promotion of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and amplificationd delivery are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include advertising entirely prepared, placed or published by service providers established outside the Union but disseminated to individuals in the Union. To determine whether a political advertisement is directed to individuals in a Member State, account should be taken of factors linking it to that Member State, including language, context, objective of the advertisement and its means of dissemination.
2022/07/20
Committee: LIBE
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 and, exercise their voting rights and be treated equally. This negatively impacts the democratic process. Additional restrictions and conditions compared to Regulation (EU) 2016/679 and, Regulation (EU) 2018/1725 and Directive 2009/136/EC13a should be provided. The condirestrictions set out in this Regulation on the use of targeting and amplificationd delivery techniques involving the processing of personal data in the context of political advertising should be based on Article 16 TFEU. _________________ 11 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 12 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 13a Directive 2009/136/EC amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws, OJ L 337, 18.12.2009, p. 11
2022/07/20
Committee: LIBE
Amendment 141 #
Proposal for a regulation
Recital 48
(48) Targeting and amplificationd delivery 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. Therefore, it should not be possible to rely on the exceptions as laid down in Article 9(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2016/679 and Article 10(2), points(b), (c), (e), (f), (g), (h), (i) and (j) of Regulation (EU) 2018/1725 respectively for using techniques targeting and amplification techniques to publish, promote or disseminate political advertising involving the processing of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and 10(1) of Regulation (EU) 2018/725.
2022/07/20
Committee: LIBE
Amendment 145 #
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, online and offline. 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.
2022/09/19
Committee: IMCO
Amendment 146 #
Proposal for a regulation
Recital 4
(4) The need to ensure transparency and due diligence is a legitimate public goal, in conformity with the values shared by the EU and its Member States pursuant to Article 2 of the Treaty on European Union (‘TEU’). It is not always easy for citizens to recognise political advertisements and exercise their democratic rights in an informed manner. A high level of transparency and due diligence is necessary, among others, to support an open and fair political debate and free and fair elections or referendums and to combat disinformation and unlawful interference including from abroad. Political advertising can be a vector of disinformation in particular where the advertising does not disclose its political nature, and where it is targeted. Transparency of political advertising contributes to enabling voters to better understand when they are being presented with a political advertisement on whose behalf that advertisement is being made, and how they are being targeted by an advertising service provider, so that voters are better placed to make informed choices. In the context of political advertising, transparency has two layers: at the level of each individual ad and at the level of political campaigns. Each political ad should be recognizable by citizens and contain within it essential information about its political nature, its sponsor, and the use of targeting. Transparency at the level of political campaigns can be obtained by the creation of universal, public advertising repositories, containing all instances of political advertising, as well as detailed information about its characteristics. Due diligence obligations for sponsors and providers of political advertising services are important to ensure transparency, but also a fair distribution of burdens between all actors in the value chain of political advertising.
2022/09/19
Committee: IMCO
Amendment 149 #
(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. 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 targeting used, and the use of third-party data and additional analytical techniques, including whether the targeting of the advertisement was further optimised during delivery.deleted
2022/07/20
Committee: LIBE
Amendment 153 #
Proposal for a regulation
Recital 50
(50) Political advertising publishers making use of targeting or amplificationd delivery techniques should include in their transparency notice information necessary to allow the concerned individual to understand the logic involved and main parameters of the technique used, and the use of third-party data and additional analytical techniques used and a link to the relevant policy of the controller. In case the controllerpolitical advertising service. In case the political advertising service is different from the advertising publisher the controllerservice should transmit to the political advertising publisher the internal policy or a reference to it. Providers of advertising services should, as necessary, transmit to the political advertising publisher the information necessary to comply with their obligations under this Regulation. The provision of such information could be automated and integrated in the ordinary business processes on the basis of standards.
2022/07/20
Committee: LIBE
Amendment 155 #
Proposal for a regulation
Recital 51
(51) In order to further empower individuals to exercise their data protection rights, political advertising publishers should provide additional information and effective tools to the concerned data subject to support the exercise of their rights under the EU data protection legal framework including to object or withdraw their consent when targeted with a political advertisement. This information should also be easily accessible directly from the transparency notice. The tools made available to the individuals to support the exercise of their rights should be effective to prevent an individual from being targeted with political advertisements, as well as to prevent targeting on the basis of specific criteria and by one or several specific controllers.deleted
2022/07/20
Committee: LIBE
Amendment 155 #
Proposal for a regulation
Recital 5 a (new)
(5 a) Given the power and the potential for the misuse of personal data when targeting, including through microtargeting and other advanced techniques, and delivering advertising online, the use of such techniques for the purpose of political advertising presents particular threats to legitimate public interests, such as fairness, equal opportunities and transparency in the electoral process and the fundamental rights to be informed in an objective, transparent and pluralistic way without increasing information asymmetry, polarisation and "filter bubbles" and be treated equally indifferent of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.
2022/09/19
Committee: IMCO
Amendment 158 #
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.deleted
2022/07/20
Committee: LIBE
Amendment 160 #
Proposal for a regulation
Recital 6 a (new)
(6 a) Providers of political advertising services should not discriminate against sponsors legally established in the Union on grounds of their place of residence or establishment, as it would harm the possibility for the conduction of cross- border political campaigns, essential to foster a European public sphere. Refusal to provide services in a Member State where providers of political advertising services do not conduct business does not constitute discrimination.
2022/09/19
Committee: IMCO
Amendment 162 #
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 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 as a consequence of the disparity of compliance obligations, and requires complex compliance efforts and additional costs for relevant service providers.
2022/09/19
Committee: IMCO
Amendment 164 #
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, promotion, publication or dissemination of political advertising in more than one Member State. This limits the availability of services and negatively impacts the possibility for service providers to innovate and offer multi-medium and multi-national campaigns within the internal market.
2022/09/19
Committee: IMCO
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, and the European Regulators Group for Audiovisual Media Services established under Directive 2010/13/EU and the European Data Protection Board established under Regulation (EU) 2016/679. Such cooperation should facilitate the swift, 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.
2022/07/20
Committee: LIBE
Amendment 168 #
Proposal for a regulation
Recital 13
(13) This Regulation should not affect the substantive content of political advertising nor rules regulating the displayUnion or Member States rules regulating the content of political advertisement, presentation of political advertising, including so-called silence periods preceding elections or referendums, and rules regarding the organisation and conduct of political campaigning.
2022/09/19
Committee: IMCO
Amendment 170 #
Proposal for a regulation
Recital 14
(14) The Regulation should provide for harmonised transparency and due diligence requirements 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 amplificationd delivery techniques in the context of the publication, dissemination or promotion of political advertising that involve the processing of personal data. The rules of this Regulation that address the use of targeting and amplificationd delivery are based on Article 16 of the TFEU. Political advertising directed to individuals in a Member State should include advertising entirely prepared, placed or publish, promoted, published or disseminated by service providers established outside the Union but disseminated to individuals in the Union. To determine whether a political advertisement is directed to individuals in a Member State, account should be taken of factors linking it to that Member State, including language, context, objective of the advertisement and its means of dissemination.
2022/09/19
Committee: IMCO
Amendment 171 #
Proposal for a regulation
Recital 67
(67) Within two yearelve months after each election to the European Parliament, the Commission should submit a public report on the evaluation and review of this Regulation. In preparing that report the Commission should also take into account the implementation of this Regulation in the context of other elections and referendums taking place in the Union. The report should review inter alia the continued suitability of the provisions of this Regulation’s annexes and consider the need for their revision.
2022/07/20
Committee: LIBE
Amendment 173 #
Proposal for a regulation
Recital 70
(70) This Regulation is without prejudice todoes not affect 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], Directive 2002/58/EC and Regulation (EU) XXX [ePrivacy Regulation], as well as Directive (EU) 2010/13, Directive 2000/31/EC, Directive 2002/58/EC, Directive 2005/29/EC, Directive 2011/83/EU, Directive 2006/114/EC, Directive 2006/123/EC and Regulation (EU) 2019/1150.
2022/07/20
Committee: LIBE
Amendment 176 #
Proposal for a regulation
Recital 16
(16) The definition of political advertising should include advertising presented, promoted, published or disseminated directly or indirectly by or presented, 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.
2022/09/19
Committee: IMCO
Amendment 177 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
(b) harmonised rules on the use of targeting and amplificationd delivery techniques in the context of the publication, dissemination or promotion of political advertising that involve the use of personal data.
2022/07/20
Committee: LIBE
Amendment 180 #
Proposal for a regulation
Recital 17
(17) The promotion, publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour at Union, national, regional, local or at a political party level, should also constitute political advertising. In order to determine whether the promotion, publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the potential audience targeted by the sponsor, the context in which the message is conveyed, the objective of the message and the means by which the message is promoted, published or disseminated. Messages on societal or controversial issues may, as the case may be, bare liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour and should fall within the scope of this Regulation.
2022/09/19
Committee: IMCO
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;
2022/07/20
Committee: LIBE
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.
2022/07/20
Committee: LIBE
Amendment 184 #
Proposal for a regulation
Recital 17 a (new)
(17 a) Communication of a political party with its members is an inherent part of the membership in a political party and should not constitute political advertising.
2022/09/19
Committee: IMCO
Amendment 185 #
Proposal for a regulation
Recital 18
(18) Practical information from official sources regarding the organisation and modalities for participation in the elections or referendums should not constitute political advertising.deleted
2022/09/19
Committee: IMCO
Amendment 187 #
Proposal for a regulation
Article 1 – paragraph 4 – introductory part
4. This Regulation is without prejudice todoes not affect the rules laid down in the following:
2022/07/20
Committee: LIBE
Amendment 188 #
Proposal for a regulation
Recital 19
(19) Political views expressed in the programmes of audiovisual linear broadcasts or published in printed mediaunder the editorial responsibility of a media service provider without direct payment or equivalent remuneration should not be covered by this Regulation. Editorial responsibility should be understood as the exercise of effective control both over the selection of the programmes or press publications and over their organisation, for the purposes of the provision of a media service
2022/09/19
Committee: IMCO
Amendment 189 #
Proposal for a regulation
Article 1 – paragraph 4 – point g a (new)
(g a) Regulation (EU) 2016/679;
2022/07/20
Committee: LIBE
Amendment 190 #
Proposal for a regulation
Article 1 – paragraph 4 – point i a (new)
(i a) Regulation (EU) 2021/xxx [the Digital Markets Act].
2022/07/20
Committee: LIBE
Amendment 195 #
(23) The concept of political actors should also include unelected officials, elected officials, candidates and members of Government at European, national, regional or local level, as well as governments, parliaments, Union bodies and international or intergovernmental organisations. Other political organisations should also be included in that definition.
2022/09/19
Committee: IMCO
Amendment 197 #
Proposal for a regulation
Recital 24
(24) An advertising campaign should refer to the preparation, placement, promotion, publication and dissemination of a series of linked advertisements in the course of a contract for political advertising, on the basis of common preparation, sponsorship and funding. It should include the preparation, placement, promotion, publication and dissemination of an advertisement or versions of an advertisement on different media and at different times within the same electoral cycle.
2022/09/19
Committee: IMCO
Amendment 201 #
Proposal for a regulation
Recital 27
(27) The notion of political advertising services should not include messages that are shared by individuals in their purely personal capacity. Individuals should not be considered as acting in their personal capacity if they are publishing messages the dissemination or publication of which is paid for by anothernvolves remuneration or benefits in kind from third parties.
2022/09/19
Committee: IMCO
Amendment 202 #
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 requirements. For instance, when sponsored contentlitical advertising as defined in this regulation is shared organically, the advertising should still be labelled as political advertisinginclude its label identifying it as political advertising and providing additional information.
2022/09/19
Committee: IMCO
Amendment 208 #
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.
2022/09/19
Committee: IMCO
Amendment 212 #
Proposal for a regulation
Recital 32
(32) As regards online intermediaries, Regulation (EU) 20212/XX [Digital Services Act] applies to political advertisements published or disseminaresented 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 and rules for processing of personal data laid out for advertising publishers falling under the scope of Regulation (EU) 20212/XX [Digital Services Act], notably very large online platforms. This concerns in particular information related to the funding of political advertisements. The requirements of this Regulation leave unaffected the provisions of the Digital Services Act, including as regards risk assessment and mitigation obligations for very large online platforms as regards their advertising systems.
2022/09/19
Committee: IMCO
Amendment 213 #
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 used for the targeting of an advertisement, the provisions of targeting techniques, the delivery of an advertisement and its dissemination may be controlled by different service providers. For instance, automated services can support matching the profile of the user of an interface with the advertising content provided, using personal data collected directly from the user of the service and from the users’ online conduct, as well as inferred data.
2022/09/19
Committee: IMCO
Amendment 215 #
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 poffered by political advertising publisherson or gproup of persons or to increase the circulation, reach or visibility of a political advertisementviders of advertising services to the sponsors of political advertisements to address a political advertisement only to a specific person or group of persons;
2022/07/20
Committee: LIBE
Amendment 215 #
Proposal for a regulation
Recital 34
(34) In view of the importance of guaranteeing in particular the effectiveness of the transparency requirements including to ease their oversight and fairly distribute the responsibility for compliance, providers of political advertising services should ensure that the relevant information they collect in the provision of their services, including the indication that an advertisement is political, is verified and provided to the political advertising publisher which brings the political advertisement to the public. In order to support the efficient implementation of this requirement, and the timely and accurate provision of this information, providers of political advertising services should consider and supporttransmit that information at the same time with the provision of the relevant service and automatinge the transmission of information among providers of political advertising services. When providers of political advertising services become aware that information which they have transmitted has been updated, they should ensure that this updated information is communicated to the relevant political advertising publisher.
2022/09/19
Committee: IMCO
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.
2022/07/20
Committee: LIBE
Amendment 217 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
9. ‘electoral period’ means the period preceding or during or immediately afterof a specified couple of weeks preceding an election or referendum in a Member State and during which the cthe period during or immediately afterwards. Campaign activities are subject to specific rules during the electoral period;
2022/07/20
Committee: LIBE
Amendment 218 #
Proposal for a regulation
Recital 37
(37) While providing for specific requirements, none of the obligations laid down in this Regulation should be understood as imposing a general monitoring obligation on intermediary service providers for political content shared organically by natural or legal persons, nor should they be understood as imposing a general obligation on intermediary service providers to take proactive measures in relation to illegal content or activities which those providers transmit or store.
2022/09/19
Committee: IMCO
Amendment 220 #
Proposal for a regulation
Recital 38
(38) Transparency of political advertising should enable citizens to understand that they are confronted with a political advertisement and obtain information about the sponsor and the political campaign it is a part of. 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. 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, a QR code, or equivalent clear and user-friendly direction included in the advertisement.
2022/09/19
Committee: IMCO
Amendment 223 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
12. ‘controller’ means a controller according to Article 4(7) of Regulation (EU) 2016/679 or, where applicable, to Article 4(8) of Regulation (EU) 2018/1725.deleted
2022/07/20
Committee: LIBE
Amendment 225 #
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, in order to support accountability in the political process. The place of establishment of the sponsor and whether the sponsor is a natural or legal person should be clearly indicated, as well as who is the entity ultimately controlling or funding the sponsor. 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. 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 transparency notice should further include information on how to flag political advertisements in accordance with the procedure established in this Regulation. This requirement should be without prejudice to provisions on notification according to Article 14, 15 and 19 of Regulation (EU) 20212/XXX [Digital Services Act].
2022/09/19
Committee: IMCO
Amendment 226 #
Proposal for a regulation
Recital 40
(40) The information to be included in the transparency notice should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisement. The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or with the advertisement. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive 2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities. Where appropriate, political advertising in the form of audiovisual media should include subtitles for the deaf and hard of hearing, sign language interpretation, audio description and spoken subtitles.
2022/09/19
Committee: IMCO
Amendment 230 #
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] . This will facilitate the work of interested actors including researchers in their specific role to support free and fair elections or referendums and fair electoral campaigns including by scrutinising the sponsors of political advertisement and analysing the political advertisement landscape.
2022/09/19
Committee: IMCO
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
2022/07/20
Committee: LIBE
Amendment 232 #
Proposal for a regulation
Recital 42 a (new)
(42 a) Political advertising publishers should make the information contained in the transparency notice available through a European Repository for Political Advertising. This repository should include, for each instance of political advertisement, a copy of it and the information available through the transparency rules laid down in this regulation. Information about removed political advertisement and the reason for its withdrawal should also be available in the repository. The repository, established by the Commission, will avoid the multiplication of burdens in the set up of the infrastructure to host this information, which would be particularly damaging for smaller providers. Use should be made of interoperability solutions and reporting duplications should be avoided. It should enable the public to search, in a single location, information about all political advertisements, and it should enable advanced searches by sponsor or election. This will facilitate the work of interested actors including researchers and journalists in their specific role to support and scrutinise free and fair elections or referendums and fair electoral campaigns, including by scrutinising the sponsors and sources of funding of political advertisement and analysing the political advertisement landscape.
2022/09/19
Committee: IMCO
Amendment 234 #
Proposal for a regulation
Recital 42 b (new)
(42 b) In order to allow specific entities to play their role in democracies, it is appropriate to facilitate access through the European Repository for Political Advertising to interested actors such as vetted researchers, journalists, civil society organisations, open-source intelligence (OSINT) communities, and accredited election observers, in order to support the performance of their respective roles in the democratic process.
2022/09/19
Committee: IMCO
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.
2022/07/20
Committee: LIBE
Amendment 236 #
Proposal for a regulation
Recital 43
(43) Where the provider of the political advertising service which hosts or otherwise stores and provides the content of a political advertisement is separate from the provider of the political advertising service which controls the website or other interface which eventually displaypresents the political advertisement, these should be considered together as advertising publishers, with respective responsibility in respect of the specific service they provide, to ensure that labelling is provided and that the transparency notice and relevant information is available and correct. Their contractual arrangements should reflect the way they organise compliance with this Regulation.
2022/09/19
Committee: IMCO
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 fiveten years from the date of the last preparation, placement, publication or dissemination, as the case may be. The information referred to in paragraph 1 point (d ) shall be retained for five years.
2022/07/20
Committee: LIBE
Amendment 237 #
Proposal for a regulation
Recital 44
(44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevantproviders of political advertising publisherservices. To support oversight and accountability, such reporting should include detailed information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article 3(3) of Directive 2013/34/EU.
2022/09/19
Committee: IMCO
Amendment 241 #
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 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.deleted
2022/09/19
Committee: IMCO
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:
2022/07/20
Committee: LIBE
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;
2022/07/20
Committee: LIBE
Amendment 247 #
Proposal for a regulation
Recital 49
(49) In order to ensure enhanced transparency and accountability, when making use of targeting and amplificationd delivery techniques in the context of political advertising involving the processing of provided 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. When publishing, promoting or disseminating a political advertisement making use of targeting and amplificationd delivery 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 targeting used, the relevant decisive parameter or set of decisive parameters determining why the user sees an advertisement, and the use of third-party data and additional analytical techniques, including whether the targeting of the advertisement was further optimised during delivery.
2022/09/19
Committee: IMCO
Amendment 248 #
Proposal for a regulation
Recital 50
(50) Political advertising publishers making use of targeting or amplificationd delivery techniques should include in their transparency notice information necessary to allow the concerned individual to understand the logic involved and main parameters of the technique used, the relevant decisive parameter or set of decisive parameters determining why the user sees an advertisement and the use of third-party data and additional analytical techniques used and a link to the relevant policy of the controller. In case the controller is different from the advertising publisher the controller should transmit to political advertising publisher the internal policy or a reference to it. Providers of advertising services should, as necessary, transmit to the political advertising publisher the information necessary to comply with their obligations under this Regulation. The provision of such information could be automated and integrated in the ordinary business processes on the basis of standards.
2022/09/19
Committee: IMCO
Amendment 250 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) the identity of the sponsor of the political advertisement and theany entityies ultimately controlling or funding the sponsor;
2022/07/20
Committee: LIBE
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.
2022/07/20
Committee: LIBE
Amendment 252 #
Proposal for a regulation
Recital 53
(53) Information to be provided in accordance with all requirements applicable to the use of targeting and amplificationd delivery techniques under this Regulation should be presented in a format which is easily accessible, clearly visible and user- friendly, including through the use of plain language.
2022/09/19
Committee: IMCO
Amendment 254 #
Proposal for a regulation
Recital 55
(55) PSponsors of political advertising or providers of political advertising services established in a third country that offer services in the Union should designate a mandated legal representative in the Union to allow for effective oversight of this Regulation in relation to those providers. TIn the case of providers, the legal representative could be the one designated on the basis of Article 27 of Regulation (EU) 2016/679) or the representative designated on the basis of Article 113 of Regulation (EU) 20212/xxx [the DSA].
2022/09/19
Committee: IMCO
Amendment 255 #
Proposal for a regulation
Recital 58
(58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725, and Regulation (EU) 2022/xxx [Digital Services Act] Member States should designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council13 . _________________ 13 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive (OJ L 95, 15.4.2010, p. 1).
2022/09/19
Committee: IMCO
Amendment 257 #
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, the European Board for Digital Services as referred to in Regulation (EU) 2022/xxx [Digital Services Act] and the European Regulators Group for Audiovisual Media Services established under Directive 2010/13/EU. Such cooperation should facilitate the swift, 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.
2022/09/19
Committee: IMCO
Amendment 258 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
In this regard, political advertising publishers shall use efficientat least 25 percent of the displayed advertisement space for effective and prominent marking and labelling techniques 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.
2022/07/20
Committee: LIBE
Amendment 262 #
Proposal for a regulation
Recital 62
(62) Member States should designate a national contact point at Union level for the purpose of this Regulation. The contact point should, if possible, be a member of the European Cooperation Network on Elections. The contact point should facilitatensure cooperation among competent authorities between Member States in their supervision and enforcement tasks, in particular by intermediating with the contact points in other Member States and with other competent authorities in their own.
2022/09/19
Committee: IMCO
Amendment 263 #
Proposal for a regulation
Recital 65
(65) Member States should publish the exact duration of their electoral periods, established according to their electoral traditions, sufficiently in advance of the beginning of the electoral calendar. Providers of advertising services and political advertising publishers should refer to these publications in order to ascertain whether an electoral period is underway in any given jurisdiction.
2022/09/19
Committee: IMCO
Amendment 264 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
(a) the identity of the sponsor and verified contact details;
2022/07/20
Committee: LIBE
Amendment 265 #
Proposal for a regulation
Recital 66
(66) In order to fulfil the objectives of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of Articles 7(1a) and 7(7) to further specify the form in which the requirements for the transparency labelling and the provision of information in the transparency notices according to that Article should be provided; and in respect of Article 12(81a(6) to further specify the form in which the requirements of the provision of information about targeting should be providedobligations of providers of very large online platforms regarding the presentation of political advertisements by European political parties during elections to the European Parliament. It is of particular importance that the Commission carries out appropriate consultations, including of experts designated by each Member State, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
2022/09/19
Committee: IMCO
Amendment 267 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) harmonised transparency and due diligence obligations for providers of political advertising and related services, including sponsors and publishers of political advertising, to retain, disclose, verify, and publish information connected to the provision of such services;
2022/09/19
Committee: IMCO
Amendment 272 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
(b) harmonised rules on the use of targeting and amplificationd delivery techniques in the context of the publication, dissemination or promotion of political advertising that involve the useprocessing of personal data.
2022/09/19
Committee: IMCO
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;
2022/07/20
Committee: LIBE
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.
2022/07/20
Committee: LIBE
Amendment 282 #
Proposal for a regulation
Article 7 – paragraph 3
3. Political advertising publishers shall make reasonablethorough efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement.
2022/07/20
Committee: LIBE
Amendment 282 #
Proposal for a regulation
Article 1 – paragraph 3 – point a
(a) to contribute to the proper functioning of the internal market for political advertising and related services;deleted
2022/09/19
Committee: IMCO
Amendment 283 #
Proposal for a regulation
Article 1 – paragraph 3 – point a a (new)
(a a) to set out rules for a safe, predictable and trusted market of political advertising and related services, ensuring that fundamental rights and freedoms enshrined in the Charter are effectively protected
2022/09/19
Committee: IMCO
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 onfive years after its last publication.
2022/07/20
Committee: LIBE
Amendment 285 #
Proposal for a regulation
Article 1 – paragraph 3 – point b a (new)
(b a) to ensure the respect of the values referred to in Article 2 TEU, in particular the respect for democracy and freedom, by guaranteeing that citizens can exercise their democratic rights in an informed manner and free from manipulation
2022/09/19
Committee: IMCO
Amendment 288 #
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 fiveten years after the end of the period referred to in paragraph 4.
2022/07/20
Committee: LIBE
Amendment 290 #
Proposal for a regulation
Article 1 – paragraph 4 – point i
(i) Regulation (EU) 20212/xxx [the Digital Services Act].
2022/09/19
Committee: IMCO
Amendment 291 #
Proposal for a regulation
Article 1 – paragraph 4 – point i a (new)
(i a) Regulation (EU) 2022/xxx [the Digital Markets Act];
2022/09/19
Committee: IMCO
Amendment 293 #
Proposal for a regulation
Article 1 – paragraph 4 – point i b (new)
(i b) Regulation (EU) 2016/679;
2022/09/19
Committee: IMCO
Amendment 295 #
Proposal for a regulation
Article 1 – paragraph 4 – point i d (new)
(i d) Regulation (EU) 2016/680.
2022/09/19
Committee: IMCO
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 amplificationd delivery 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.
2022/07/20
Committee: LIBE
Amendment 300 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
2. ‘political advertising’ means a service consisting of the preparation, placement, promotion, publication or dissemination, by any means, of a message:
2022/09/19
Committee: IMCO
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.
2022/07/20
Committee: LIBE
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 collectively, including by reference to an announcement on the website of the political advertising publisher concernedin an automated way.
2022/07/20
Committee: LIBE
Amendment 308 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
(b) which is liable to influence voting behaviour or the outcome of an election or referendum, a legislative or regulatory process; or voting behaviour.
2022/09/19
Committee: IMCO
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;
2022/07/20
Committee: LIBE
Amendment 310 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b a (new)
(b a) which seeks to influence public opinion on broad societal issues.
2022/09/19
Committee: IMCO
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 tenfive working days.
2022/07/20
Committee: LIBE
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.
2022/07/20
Committee: LIBE
Amendment 313 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point c a (new)
(c a) a government, bodies of governments with or without legal personality, a local government, bodies of local governments with or without legal personality and public foundations thereof;
2022/09/19
Committee: IMCO
Amendment 314 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point c b (new)
(c b) national, regional and local parliaments;
2022/09/19
Committee: IMCO
Amendment 315 #
(c c) a Union institution and its bodies with or without legal personality;
2022/09/19
Committee: IMCO
Amendment 316 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point c d (new)
(c d) international and intergovernmental organisations;
2022/09/19
Committee: IMCO
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 one monthtwo weeks.
2022/07/20
Committee: LIBE
Amendment 321 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point g
(g) a political campaign organisation with or without legal personality, established to achieve a specificinfluence the outcome inof an election or referendum;
2022/09/19
Committee: IMCO
Amendment 325 #
Proposal for a regulation
Article 12 – title
12 Specific requirements related to targeting and amplificationd delivery
2022/07/20
Committee: LIBE
Amendment 327 #
Proposal for a regulation
Article 12 – paragraph 1
1. Targeting or amplificationd delivery techniques tshall not 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 are prohibited.
2022/07/20
Committee: LIBE
Amendment 327 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
6 a. ‘editorial responsibility’ means the exercise of effective control both over the selection of the programmes or press publications and over their organisation, for the purposes of the provision of a media service, regardless of the existence of liability under national law for the service provided;
2022/09/19
Committee: IMCO
Amendment 328 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 b (new)
6 b. ‘provider of very large online platform’ means a provider of an online platform that has been designated as a very large online platform pursuant to Article 33(4) of Regulation (EU) 2022/XXX [Digital Services Act];
2022/09/19
Committee: IMCO
Amendment 336 #
Proposal for a regulation
Article 12 – paragraph 2
2. The prohibition laid down in the first sentence shall not apply to the situations referred to in Article 9(2)(a) and (d) of Regulation (EU) 2016/679 and Article 10(2)(a) and (d) of Regulation (EU) 2018/1725.deleted
2022/07/20
Committee: LIBE
Amendment 339 #
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, as defined in national or Union legislation, and during which the campaign activities are subject to specific rules;
2022/09/19
Committee: IMCO
Amendment 340 #
Proposal for a regulation
Article 12 – paragraph 3
3. When using targeting or amplification techniques in the context of political advertising involving the processing of personal data, controllers shall, in addition to the requirements laid down in Regulation (EU) 2016/679 and Regulation (EU) 2018/1725, as applicable, comply with the following requirements: (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, and retain such policy for a period of five years; (b) keep records on the use of targeting or amplification, the relevant mechanisms, techniques and parameters used, and the source(s) of personal data used. (c) provide, together with the 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. This information shall comprise the elements set out in Annex II.deleted
2022/07/20
Committee: LIBE
Amendment 343 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
11. ‘political advertising publisher’ means a natural or legal person that broadcasts, presents, makes available through an interface or otherwise brings to the public domain political advertising through any medium;
2022/09/19
Committee: IMCO
Amendment 345 #
Proposal for a regulation
Article 12 – paragraph 4
4. Political advertising publishers making use of targeting or amplification techniques shall include in the transparency notice required under Article 7 the information specified in paragraph 3(c) and a link to the policy referred to in paragraph 3(a). In case the controller is different from the advertising publisher, the controller shall transmit the internal policy or a reference to it to the political advertising publisher.deleted
2022/07/20
Committee: LIBE
Amendment 347 #
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 exercise their rights under Regulation (EU) 2016/679.deleted
2022/07/20
Committee: LIBE
Amendment 351 #
Proposal for a regulation
Article 12 – paragraph 6
6. Information to be provided in accordance with this provision shall be presented in a format which is easily accessible and, where technically feasible, machine readable , clearly visible and user-friendly, including through the use of plain language.deleted
2022/07/20
Committee: LIBE
Amendment 351 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
For the purposes of the first paragraph, point (2) messages from official sources regarding the organisation and modalities for participation in elections or referendums or for promoting participation in elections or referendums shall not constitute political advertising.deleted
2022/09/19
Committee: IMCO
Amendment 352 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 a (new)
Political views expressed under the editorial responsibility of a media service provider and placed, promoted, or disseminated without any form of remuneration from a third party, shall not fall under the scope of this Regulation.
2022/09/19
Committee: IMCO
Amendment 356 #
Proposal for a regulation
Article 12 – paragraph 7
7. Providers of advertising services shall, as necessary, transmit to the controller the information necessary to comply with paragraph 3.deleted
2022/07/20
Committee: LIBE
Amendment 357 #
Proposal for a regulation
Article 3 a (new)
Article 3 a Non-discrimination Providers of political advertising services shall not discriminate against sponsors legally established in the Union on grounds of their place of residence or establishment.
2022/09/19
Committee: IMCO
Amendment 359 #
Proposal for a regulation
Article 12 – paragraph 8
8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex II by modifying or removing elements of the list of information to be provided pursuant to paragraph 3(c) of this Article in light of technological developments in relevant scientific research, and developments in supervision by competent authorities and relevant guidance issued by competent bodies.
2022/07/20
Committee: LIBE
Amendment 361 #
Proposal for a regulation
Chapter II – title
II TRANSPARENCY, DUE DILIGENCE AND ACCESSIBILITY OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES
2022/09/19
Committee: IMCO
Amendment 363 #
Proposal for a regulation
Article 13
Transmission of information concerning 1. The controller referred to in Article 12 shall take appropriate measures to transmit, upon request by interested entities in accordance with Article 11(1), Article 13 deleted targeting or amplification to other information referred to in Article 12. 2. Article 11(2) to (7) shall apply mutatis mutandis.terested entities
2022/07/20
Committee: LIBE
Amendment 363 #
Proposal for a regulation
Article 4 – paragraph 1
Political advertising services shall be diligently provided in a transparent and accessible manner in accordance with the obligations laid down in Articles 54a to 110 and 14 of this Regulation.
2022/09/19
Committee: IMCO
Amendment 364 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service specify how the provisions of this Regulation are complied with and allow them to fulfil effectively their due diligence obligations.
2022/09/19
Committee: IMCO
Amendment 365 #
Proposal for a regulation
Article 4 a (new)
Article 4 a Accessibility 1. Political advertising publishers shall ensure that political advertisements and the transparency obligations laid down in articles 5 to 10 of this Regulation are accessible to persons with disabilities by complying with relevant accessibility requirements laid down in Annex I of Directive (EU) 2019/881. 2. Political advertising in the form of audiovisual media shall be made accessible by providing the information through more than one sensory channel.
2022/09/19
Committee: IMCO
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 Article 12 of this Regulation in their respective field of competence. Article 58 of Regulation (EU) 2016/679 and Article 58 of Regulation (EU) 2018/1725 shall apply mutatis mutandis. Chapter VII of Regulation (EU) 2016/679 shall apply for activities covered by Article 12 of this Regulation.
2022/07/20
Committee: LIBE
Amendment 369 #
Proposal for a regulation
Article 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 they request the service provider to perform constitutes a political advertising service within the meaning of Article 2(52). Sponsors and providers of advertising services acting on behalf of sponsors shall make such a declaration.
2022/09/19
Committee: IMCO
Amendment 370 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
1 a. Providers of political advertising shall check whether the declaration provided by the sponsor or providers of political advertising services acting on behalf of sponsors is accurate prior to the publication or dissemination of the political advertisement.
2022/09/19
Committee: IMCO
Amendment 373 #
Proposal for a regulation
Article 5 – paragraph 2
2. Providers of political advertising services shall 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.deleted
2022/09/19
Committee: IMCO
Amendment 379 #
Proposal for a regulation
Article 5 a (new)
Article 5 a Identification of a political advertisement For the purpose of determining whether a message constitutes political advertising within the meaning of Article 2(2)(b) and 2(2)(c), account shall be taken of all its features, and in particular of the following: (a) the content; (b) the language used to convey the message; (c) the means by which the message is promoted, published or disseminated; (d) the potential audience targeted by the sponsor; (e) the context in which the message is conveyed, including the period of dissemination such as electoral or referendum periods; (f) whether the message is designed to influence the relevant electorate; (g) the objective of the message.
2022/09/19
Committee: IMCO
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.
2022/07/20
Committee: LIBE
Amendment 385 #
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 in part or full exchange for the service or services provided and their sources; and
2022/09/19
Committee: IMCO
Amendment 386 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) where applicable, the identity of the sponsor and its contact details and, where applicable, the identity and contact details of the entity or person ultimately controlling the sponsor.
2022/09/19
Committee: IMCO
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.
2022/07/20
Committee: LIBE
Amendment 392 #
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, promotion, publication or dissemination, as the case may be.
2022/09/19
Committee: IMCO
Amendment 396 #
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 political advertising publisher which will disseminate the political advertisement to enable 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.
2022/09/19
Committee: IMCO
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.
2022/07/20
Committee: LIBE
Amendment 398 #
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 withby the publisher to the recipients of their service through a short transparency notice presented within the advertisement containing the following information in a clear, salient and unambiguous way:
2022/09/19
Committee: IMCO
Amendment 399 #
Proposal for a regulation
Article 19 – paragraph 2
2. The power to adopt delegated acts referred to in Article 7(8) and Article 12(8) shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections].
2022/07/20
Committee: LIBE
Amendment 400 #
Proposal for a regulation
Article 19 – paragraph 3
3. The delegation of power referred to in Article 7(8) and Article 12(8) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2022/07/20
Committee: LIBE
Amendment 400 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) a clear statement to the effect that it is a political advertisement;
2022/09/19
Committee: IMCO
Amendment 401 #
Proposal for a regulation
Article 19 – paragraph 5
5. A delegated act adopted pursuant to Article 7(8) or Article 12(8) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
2022/07/20
Committee: LIBE
Amendment 402 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) the identity of the sponsor of the political advertisement and the person or entity ultimately controlling or funding the sponsor;
2022/09/19
Committee: IMCO
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.
2022/07/20
Committee: LIBE
Amendment 406 #
Proposal for a regulation
Annex I – point d
(d) any election or referendum with which the advertising is linked, if applicable.
2022/07/20
Committee: LIBE
Amendment 406 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
(c) a transparency notice to enable the understanding by the recipient of the service of the wider context of the political advertisement and its aims to be understood, or a clear indication of where it can be easily retrieved.;
2022/09/19
Committee: IMCO
Amendment 413 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
1 a. The Commission is empowered to adopt delegated acts in accordance with Article 19 to supplement this Regulation by laying down the necessary rules to establish a harmonised marking or labelling including the form and the content of the label or marking.
2022/09/19
Committee: IMCO
Amendment 414 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
2. The long transparency notice shall be included inpresented alongside each political advertisement or be easily retrievable from it, and shall be added to the European Repository for Political Advertising. It shall include the following information:
2022/09/19
Committee: IMCO
Amendment 416 #
Proposal for a regulation
Annex II
Information to be provided under Article 12(3) (a) the specific groups of recipients targeted, including the parameters used to determine the recipients to whom the advertising is disseminated, with the same level of detail as used for the targeting, the categories of personal data used for the targeting and amplification, the targeting and amplification goals, mechanisms and logic including the inclusion and exclusion parameters and the reasons for choosing these parameters. (b) the period of dissemination, the number of individuals to whom the advertisement is disseminated and indications of the size of the targeted audience within the relevant electorate. (c) the source of the personal data referred to in point (a), including, where applicable, information that the personal data was derived, inferred, or obtained from a third party and its identity as well as a link to the data protection notice of that third party for the processing at stake. (d) a link to effective means to support individuals’ exercise of their rights under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable, in the context of targeting and amplification of political advertising on the basis of their personal data.deleted
2022/07/20
Committee: LIBE
Amendment 417 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
(a) the identity of the sponsor, its place of establishment and contact details;
2022/09/19
Committee: IMCO
Amendment 418 #
Proposal for a regulation
Article 7 – paragraph 2 – point a a (new)
(a a) where applicable, the identity of the person or entity ultimately controlling the sponsor, its place of establishment and contact details;
2022/09/19
Committee: IMCO
Amendment 424 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
(c) based among others on information received in line with Article 6(3), exact 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 political advertising campaign where relevantit is a part of, and their sources;
2022/09/19
Committee: IMCO
Amendment 426 #
Proposal for a regulation
Article 7 – paragraph 2 – point d
(d) where applicable, an indication of all elections or referendums with which the advertisement is linked and the relevant electoral period;
2022/09/19
Committee: IMCO
Amendment 428 #
Proposal for a regulation
Article 7 – paragraph 2 – point d b (new)
(d b) where applicable, the number of views and engagements with the advertisement;
2022/09/19
Committee: IMCO
Amendment 429 #
Proposal for a regulation
Article 7 – paragraph 2 – point e
(e) where applicable, links to online repositories of aa link to the location where the advertisement is available in the European Repository for Political Advertisements;
2022/09/19
Committee: IMCO
Amendment 432 #
Proposal for a regulation
Article 7 – paragraph 2 – point e a (new)
(e a) where applicable, links to aggregate information on all advertisements that have been placed, promoted, published or disseminated on behalf of the same sponsor or political actor;
2022/09/19
Committee: IMCO
Amendment 434 #
Proposal for a regulation
Article 7 – paragraph 2 – point g
(g) The information to be included in the transparency notice shall be provided using the specific data fields set out in Annex I.deleted
2022/09/19
Committee: IMCO
Amendment 435 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 (new)
The information to be included in the transparency notice shall be provided using the specific data fields set out in Annex I.
2022/09/19
Committee: IMCO
Amendment 436 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
2 a. Upon receiving the information referred to in paragraph, providers of political advertising services shall check whether the information referred to in paragraphs 1 and 2, provided by the sponsor or providers of political advertising services acting on behalf of sponsors, is reliable, complete and up to date prior to the publication of the political advertisement.
2022/09/19
Committee: IMCO
Amendment 438 #
Proposal for a regulation
Article 7 – paragraph 3
3. PWhere the political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is becomes aware that the information referred to in paragraphs 1 and 2 is incomplete or inaccurate, it shall request the sponsor or the relevant service providers, to correct or complete the information referred to in paragraph 1 and 2 in so far as it is necessary to ensure that all information is accurate, complete, and where they find this is not the case, tup to date, without undue delay. If the correction or completion of the information takes longer than 12 hours to occur, he political advertising publisheyr shall not make available the political advertisementsuspend or shall discontinue the publication or dissemination of the advertisement until the request is fully complied with.
2022/09/19
Committee: IMCO
Amendment 445 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
3 a. Where the sponsor or the providers of political advertising services become aware that the information transmitted to or published by the political advertising publisher is incomplete or inaccurate, they shall contact the publisher concerned without undue delay and, as relevant, transmit complete or accurate information to the political advertising publisher.
2022/09/19
Committee: IMCO
Amendment 449 #
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 one year after its last publication and having due regard to accessibility requirements as laid out in Article 4a. The language of the transparency notice shall be the language of the political advertisement.
2022/09/19
Committee: IMCO
Amendment 453 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
4 a. Political advertising publishers shall retain their transparency notices together with any modifications for a period of fifteen years after its last publication.
2022/09/19
Committee: IMCO
Amendment 459 #
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 fivefteen years after the end of the period referred to in paragraph 4its last publication.
2022/09/19
Committee: IMCO
Amendment 461 #
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 of that regulation [Digital Services Act] make available for each political advertisement in the repository the information referred to in paragraph 2.deleted
2022/09/19
Committee: IMCO
Amendment 465 #
Proposal for a regulation
Article 7 – paragraph 7
7. Member States, including competent authorities, and the Commission shall encourage the drawing up of 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.deleted
2022/09/19
Committee: IMCO
Amendment 470 #
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 fromto the list of information to be provided pursuant to paragraph 2 where, in the light of technological developments, relevant scientific research and relevant guidance issued by competent authorities, such an amendment is necessary for the wider context of the political advertisement and its aims to be understood.
2022/09/19
Committee: IMCO
Amendment 472 #
Proposal for a regulation
Article 7 a (new)
Article 7 a European Repository for Political Advertisements (ERPA) 1. The European Commission shall establish and ensure the management of a repository, the European Repository for Political Advertisements (ERPA), for the provision of information on political advertisement referred to Article 7(2). 2. Political advertising publishers shall ensure that they make available in the repository referred to in paragraph 1, in real time, starting from the moment of the first publication of each advertisement, each political advertisement published, as well as the information referred to in Article 7(2). The information must be detailed and include exact figures on the aggregated amounts spent or other benefits received in part or full exchange for the provision of the advertising service, both by the publisher and by any other service provider that contributed to the preparation, placement, promotion or dissemination of the advertisement. The repository shall contain all versions of each advertisement, where applicable. 3. Political advertisements shall be kept in ERPA for a period of fifteen years after the last publication of the advertisement
2022/09/19
Committee: IMCO
Amendment 477 #
Proposal for a regulation
Article 8 – paragraph 1
1. Where they provide political advertising services,Political 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 amplificationd delivery 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.
2022/09/19
Committee: IMCO
Amendment 480 #
Proposal for a regulation
Article 8 – paragraph 2
2. Paragraph 1 shall not apply to undertakings qualifying under Article 3(3) of Directive 2013/34/EU.deleted
2022/09/19
Committee: IMCO
Amendment 488 #
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 or entities 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.
2022/09/19
Committee: IMCO
Amendment 500 #
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 advertismechanisms referred to ing publisher shall inform individuals of the follow up given to the notification as referred to aragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notifications, on the basis of which a diligent advertising paragraph 1ublisher can identify the illegality of the advertisement in question.
2022/09/19
Committee: IMCO
Amendment 504 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
3 a. The political advertising publisher shall examine and address the notification referred to in paragraph 1 accordingly, in a diligent, objective and non- discriminatory manner and, without undue delay, inform individuals or entities of the follow up given to the notification as referred to in paragraph 1, providing information on the redress possibilities in respect of that decision. 30 days prior to an election or a referendum, political advertising publishers shall examine and address the notification within 24 hours.
2022/09/19
Committee: IMCO
Amendment 508 #
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 collectivelyby making use of automated tools, including by reference to an announcement on the website of the political advertising publisher concerned.
2022/09/19
Committee: IMCO
Amendment 510 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
4 a. Political advertising publishers shall suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the mechanism referred to in paragraph 1 by individuals that frequently submit notices that are manifestly unfounded.
2022/09/19
Committee: IMCO
Amendment 511 #
Proposal for a regulation
Article 9 – paragraph 4 b (new)
4 b. Online platforms within the meaning of Article 3(i) of Regulation (EU) 2022/xxx [the DSA] that allow sponsors to publish political advertisements as defined in Article 2.2 of this Regulation shall take the necessary technical and organisation measures to ensure that notices submitted by trusted flaggers within the meaning of Article 19 of Regulation (EU) 2022/xxx [the DSA] whose designated area of expertise is political advertising are processed and decided upon with priority and without delay.
2022/09/19
Committee: IMCO
Amendment 513 #
Proposal for a regulation
Article 9 – paragraph 4 c (new)
4 c. Without prejudice to Article 19 of Regulation (EU) 2022/xxx [the DSA], the status of trusted flaggers of unlawful political advertisements shall only be awarded where the applicant has demonstrated to meet all of the following conditions: (a) it has particular expertise and competence for the purposes of detecting, identifying and notifying political advertisements which have not been declared as political by their sponsor or that do not comply with the obligations concerning the processing of personal data and/or transparency established in this Regulation; (b) it represents collective interests and is independent from any online platform, political party, political candidate, or government;
2022/09/19
Committee: IMCO
Amendment 518 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
1. Competent national authorities shall have the power to request that a provider of political advertising services transmits the information referred to in Articles 6, 7 and 8. The transmitted information must be complete, accurate and trustworthy, and provided in a clear, coherent, consolidated and intelligible format. Where technically possible, tThe information shall be transmitted in a machine readable format.
2022/09/19
Committee: IMCO
Amendment 522 #
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;
2022/09/19
Committee: IMCO
Amendment 523 #
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 day24 hours, acknowledge receipt of that request and inform the authority of the steps taken or to be taken to comply with it. The relevant service provider shall provide the requested information within tenfive working days.
2022/09/19
Committee: IMCO
Amendment 526 #
Proposal for a regulation
Article 10 – paragraph 3
3. Providers of political advertising services shall designate a contact point for the interaction with competent national authorities. Providers of political advertising services which are SMEs within the meaning of Article 3 of Directive 2013/34/EU may appoint an external natural person as contact point.
2022/09/19
Committee: IMCO
Amendment 527 #
Proposal for a regulation
Article 11
Transmission of information to other 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 and without costs. Where the provider of political advertising services is a political advertising publisher, it shall also take the appropriate measures to transmit the information referred to in Article 7 to interested entities upon request and without costs. 2. Interested entities requesting the transmission of information pursuant to paragraph 1 shall be independent from commercial interests and shall fall in one or more of the following categories: (a) vetted researchers in accordance with Article 31 of Regulation (EU) 2021/xxx [Digital Services Act]; (b) members of a civil society organisation whose statutory objectives are to protect and promote the public interest, authorised under national or Union law; (c) political actors as authorised under national law; or (d) national or international electoral observers accredited in a Member State. Such interested entities shall also include journalists accredited in a Member State by national, European or international bodies. 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 one month. 4. When preparing the information to be provided pursuant to paragraph 1, the service provider may aggregate the relevant amounts or place them in a range, to the extent necessary to protect its commercial legitimate interests. 5. Where requests pursuant to paragraph 1 are manifestly unfounded, unclear or excessive, in particular because of their lack of clarity, the service provider may refuse to respond. In this case, the relevant service provider shall send a reasoned response to the interested entity making the request. 6. Where requests under paragraph 1 are repetitive and their processing involves significant costs, the service provider may charge a reasonable and proportionate fee, which in any event shall not exceed the administrative costs of providing the information requested. 7. Service providers shall bear the burden of demonstrating that a request is manifestly unfounded, unclear or excessive, or that requests are repetitive and involve significant costs to process.Article 11 deleted interested entities
2022/09/19
Committee: IMCO
Amendment 549 #
Proposal for a regulation
Article 11 a (new)
Article 11 a Presentation of a set of standardised political advertisements of European Political Parties by providers of very large online platforms during the elections to the European Parliament 1. Providers of very large online platforms within the meaning of Article 33 of Regulation (EU) 2022/XXXX [the DSA] shall, in the context of the elections to the European Parliament, present political advertisements by all European political parties within the meaning of Article 2(3) Regulation (EU, Euratom) No 1141/2014, in accordance with the principle of equal access and free of cost. 2. The political advertisements referred to in paragraph 1 shall be submitted in a standardised format, defined by each provider of very large online platforms in accordance with specific criteria based on their rules for the display of advertisements. 3. Political advertisements referred to in paragraph 1 shall comply with all other provisions of this Regulation. 4. The time-period during which the political advertisements referred to in paragraph 1 may be displayed shall be limited to the relevant electoral period. 5. Each European political party shall be ensured a reasonable minimum visibility. Political advertisements shall be presented according to random allocation. 6. The Commission is empowered to adopt delegated acts in accordance with Article 19 supplementing this Regulation by defining the obligations of providers of very large online platforms regarding the presentation of the political advertisements referred to in paragraph 1.
2022/09/19
Committee: IMCO
Amendment 552 #
Proposal for a regulation
Chapter III – title
III TARGETING AND AMPLIFICATIOND DELIVERY OF POLITICAL ADVERTISING
2022/09/19
Committee: IMCO
Amendment 554 #
Proposal for a regulation
Article 12 – title
Specific requirements related to targeting and amplificationd delivery
2022/09/19
Committee: IMCO
Amendment 557 #
Proposal for a regulation
Article 12 – paragraph 3
3. When using targeting or amplification techniques in the context of political advertising involving the processing of personal data, controllers shall, in addition to the requirements laid down in Regulation (EU) 2016/679 and Regulation (EU) 2018/1725, as applicable, comply with the following requirements: (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, and retain such policy for a period of five years; (b) keep records on the use of targeting or amplification, the relevant mechanisms, techniques and parameters used, and the source(s) of personal data used. (c) provide, together with the 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. This information shall comprise the elements set out in Annex II.deleted
2022/09/19
Committee: IMCO
Amendment 560 #
Proposal for a regulation
Article 12 – paragraph 4
4. Political advertising publishers making use of targeting or amplification techniques shall include in the transparency notice required under Article 7 the information specified in paragraph 3(c) and a link to the policy referred to in paragraph 3(a). In case the controller is different from the advertising publisher, the controller shall transmit the internal policy or a reference to it to the political advertising publisher.deleted
2022/09/19
Committee: IMCO
Amendment 561 #
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 exercise their rights under Regulation (EU) 2016/679.deleted
2022/09/19
Committee: IMCO
Amendment 563 #
Proposal for a regulation
Article 12 – paragraph 6
6. Information to be provided in accordance with this provision shall be presented in a format which is easily accessible and, where technically feasible, machine readable , clearly visible and user-friendly, including through the use of plain language.deleted
2022/09/19
Committee: IMCO
Amendment 565 #
Proposal for a regulation
Article 12 – paragraph 7
7. Providers of advertising services shall, as necessary, transmit to the controller the information necessary to comply with paragraph 3.deleted
2022/09/19
Committee: IMCO
Amendment 567 #
Proposal for a regulation
Article 12 – paragraph 8
8. The Commission is empowered to adopt delegated acts in accordance with Article 19 to amend Annex II by modifying or removing elements of the list of information to be provided pursuant to paragraph 3(c) of this Article in light of technological developments in relevant scientific research, and developments in supervision by competent authorities and relevant guidance issued by competent bodies.
2022/09/19
Committee: IMCO
Amendment 571 #
Proposal for a regulation
Article 13
Transmission of information concerning 1. The controller referred to in Article 12 shall take appropriate measures to transmit, upon request by interested entities in accordance with Article 11(1), Article 13 deleted targeting or amplification to other information referred to in Article 12. 2. Article 11(2) to (7) shall apply mutatis mutandis.terested entities
2022/09/19
Committee: IMCO
Amendment 572 #
Proposal for a regulation
Article 14 – title
Legal representatives of sponsors and service providers
2022/09/19
Committee: IMCO
Amendment 576 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
2 a. Sponsors of political advertising placed, promoted and 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, who are not Union citizens, are not legal residents, or have their place of establishment outside the Union, shall designate, in writing, a natural or legal person as their legal representative in one of the Member States.
2022/09/19
Committee: IMCO
Amendment 579 #
Proposal for a regulation
Article 14 – paragraph 2 b (new)
2 b. The Commission shall publish the information referred to in paragraphs 1 and 2a in a publicly available database in an easily accessible and machine- readable format and keep the database updated.
2022/09/19
Committee: IMCO
Amendment 586 #
Proposal for a regulation
Article 15 – paragraph 2
2. Member States shall designate competent authorities to monitor the compliance of providers of intermediary services within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2021/xxx [Digital Services Act] may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. The Digital Services Coordinator referred to in Article 3849 of Regulation (EU) 2021/xxx in each Member State shall be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by Regulation (EU) 2021/xxx [Digital Services Act]. Article 458(1) to (4) and Article 460(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.
2022/09/19
Committee: IMCO
Amendment 596 #
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 power to request to access to data, documents or any necessary information from providers of political advertising services for the performance of their supervisory tasks. Competent authorities shall use that data accessed only for the purpose of monitoring and assessing compliance with this Regulation and shall take due account of the rights and interests of the providers of political advertising and the recipients of the service concerned, including the protection of personal data, the protection of confidential information, and maintaining the security of their service.
2022/09/19
Committee: IMCO
Amendment 602 #
Proposal for a regulation
Article 15 – paragraph 5 – point a b (new)
(a b) order the cessation of infringements and, where appropriate, to impose remedies proportionate to the infringement and necessary to bring the infringement effectively to an end, or request a judicial authority in their Member State to do so;
2022/09/19
Committee: IMCO
Amendment 604 #
Proposal for a regulation
Article 15 – paragraph 5 – point c a (new)
(c a) carry out, or request a judicial authority in their Member State to order, inspections of any premises that providers of political advertising services use for purposes related to their trade, business, craft or profession, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information relating to a suspected infringement in any form, irrespective of the storage medium;
2022/09/19
Committee: IMCO
Amendment 607 #
Proposal for a regulation
Article 15 – paragraph 5 – point c b (new)
(c b) promote media and digital literacy programmes to foster the knowledge, skills and understanding that allow both, citizens and political advertising service providers, to engage effectively with the publication and dissemination of political advertising, and to ensure compliance with and the enforcement of this Regulation.
2022/09/19
Committee: IMCO
Amendment 614 #
Proposal for a regulation
Article 15 – paragraph 7
7. Each Member State shall designate one competent authority as a national contact point at Union level for the purposes of this Regulation. National contact points shall ensure good cooperation between national competent authorities and with other contact points and Union level authorities. Member States shall make publicly available and communicate to the Commission the name of their contact point and information on how it can be contacted.
2022/09/19
Committee: IMCO
Amendment 620 #
Proposal for a regulation
Article 15 – paragraph 8 – point a
(a) the competent authorities applying supervisory or enforcement measures in a Member State shall, via the contact point referred to in paragraph 7, inform and consult the competent authorities in the other Member State(s) concerned on the supervisory and enforcement measures taken and their follow-up without undue delay;
2022/09/19
Committee: IMCO
Amendment 627 #
Proposal for a regulation
Article 15 – paragraph 8 – point c
(c) a competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective, efficient and consistent manner. The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and, within a timeframe proportionate to the urgency of the requestout undue delay, provide a response communicating the information requested, or informing that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in the context of assistance requested and provided under this Article shall be used only in respect of the matter for which it was requested.
2022/09/19
Committee: IMCO
Amendment 632 #
Proposal for a regulation
Article 15 – paragraph 9
9. Contact points shall meet periodicallyat least twice a year at Union level in the framework of the European Cooperation Network on Elections 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.
2022/09/19
Committee: IMCO
Amendment 634 #
Proposal for a regulation
Article 15 a (new)
Article 15 a Non-compliance 1. The competent authorities shall adopt a non-compliance decision where it finds that the sponsor or the provider of political advertisement services concerned does not comply with the relevant provisions of this Regulation. 2. Before adopting the decision pursuant to paragraph 1, the competent authority shall communicate its preliminary findings to the sponsor or the provider of political advertisement services concerned. In the preliminary findings, the competent authority shall explain the measures that it considers taking, or that it considers that the sponsor or the provider of political advertisement services concerned should take, in order to effectively address the preliminary findings. 3. In the decision adopted pursuant to paragraph 1 the competent authority shall order the sponsor or the provider of political advertisement services concerned to take the necessary measures to ensure compliance with the decision pursuant to paragraph 1 within a reasonable time period specified therein and to provide information on the measures that that they intend to take to comply with the decision. 4. The sponsor or the provider of political advertisement services concerned shall provide the competent authority with a description of the measures it has taken to ensure compliance with the decision pursuant to paragraph 1 upon their implementation. 5. The sponsor or the provider of political advertisement services concerned shall inform the competent authorities, within 30 days of the decision adopted pursuant to paragraph 1, about measures it has taken to ensure the future risk of non- compliance has been mitigated. 6. Where the competent authorities find that the conditions of paragraph 1 are not met, it shall close the investigation by a decision. The decision shall apply with immediate effect. 7. In the decision referred to in paragraph 6, the competent authorities may impose sanctions on the sponsor or the provider of political advertisement services concerned as referred to in Article 16.
2022/09/19
Committee: IMCO
Amendment 642 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
2 a. Member States shall ensure that the minimum amount of fines that may be imposed for a failure to comply with an obligation laid down in this Regulation shall be 2 % of the annual worldwide turnover of the provider of political advertising services concerned in the preceding financial year.
2022/09/19
Committee: IMCO
Amendment 643 #
Proposal for a regulation
Article 16 – paragraph 2 b (new)
2 b. Member States shall ensure that the minimum amount of the fine that may be imposed for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information shall be 1 % of the annual income or worldwide turnover of the provider of political advertising services concerned in the preceding financial year.
2022/09/19
Committee: IMCO
Amendment 644 #
Proposal for a regulation
Article 16 – paragraph 2 c (new)
2 c. Member States shall ensure that the minimum amount of a periodic penalty payment shall be 0.1 % of the average daily worldwide turnover or income of the provider of political advertising services concerned in the preceding financial year per day, calculated from the date specified in the decision concerned.
2022/09/19
Committee: IMCO
Amendment 647 #
Proposal for a regulation
Article 16 – paragraph 4
4. Infringements of Article 7 shall be considered to be particularly serious where they concern political advertising published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election is being organiseds 5, 7, 7a and 12 of the present Regulation shall be considered to be particularly serious.
2022/09/19
Committee: IMCO
Amendment 650 #
Proposal for a regulation
Article 16 – paragraph 4 a (new)
4 a. Infringements of the present Regulation by political advertisements promoted, published or disseminated during an electoral period and directed to citizens in the Member State in which the relevant election is being organised shall be considered particularly serious.
2022/09/19
Committee: IMCO
Amendment 652 #
Proposal for a regulation
Article 16 a (new)
Article 16 a Right to lodge a complaint Any person, organisation or association mandated to exercise the rights conferred by this Regulation on their behalf shall have the right to lodge a complaint against providers of political advertising, publishers and sponsors alleging an infringement of this Regulation with the contact point of the Member State where the person is located or established. During these proceedings, both parties shall have the right to be heard and receive appropriate information about the status of the complaint, in accordance with national law. Where the complaint falls under the responsibility of another competent authority in its Member State, the contact point receiving the complaint shall transmit it to that authority within ten working days. The competent authority receiving the complaint shall assess, and where appropriate, act within fifteen working days. During electoral periods, the assessment shall happen within five working days.
2022/09/19
Committee: IMCO
Amendment 653 #
Proposal for a regulation
Article 16 b (new)
Article 16 b Activity reports 1. National contact points, designated pursuant to Article 15(7), shall draw up an annual report on the activities under this Regulation of all competent authorities designated in Article 15, including the number of complaints received pursuant to article 16a and an overview of their follow-up. The national contact points shall make the annual reports available to the public in a machine-readable format, and shall communicate them to the European Cooperation Network on Elections. 2. The annual report shall include at least the following information: (a) the number of complaints received pursuant to article 16a and an overview of their follow-up; (b) the number and subject matter of orders to act against illegal political advertising and orders to provide information issued in accordance with Article 10 by any competent authority of the Member State concerned; (c) the type and amount of sanctions applied to sponsors of political advertising and providers of political advertising services.
2022/09/19
Committee: IMCO
Amendment 655 #
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 be made public and assess the need for amendment to this Regulation. The report shall be made public, in particular with regard to: (a) the scope of the Regulation and the application of Article 2, including the definition of political advertising in Article 2 (2); (b) the application of Articles 5, 7 and 12; (c) the application of Articles 15 and 16; (d) the interplay of this regulation with the legal acts referred to in Article 1(4).
2022/09/19
Committee: IMCO
Amendment 659 #
Proposal for a regulation
Article 19 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 7(1a), 7(8) and Article 12(811a(6) shall be conferred on the Commission for a period of [until the application of this regulation is evaluated, two years after the next European Parliamentary elections].
2022/09/19
Committee: IMCO
Amendment 661 #
Proposal for a regulation
Article 19 – paragraph 3
3. The delegation of power referred to in Articles 7(1a), 7(8) and Article 12(811a(6) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2022/09/19
Committee: IMCO
Amendment 664 #
Proposal for a regulation
Article 19 – paragraph 5
5. A delegated act adopted pursuant to Article 7(8) or Article 12(8s 7(1a), 7(8) and 11a(6) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
2022/09/19
Committee: IMCO
Amendment 669 #
Proposal for a regulation
Annex I – point a
(a) where the notice is not within the advertisement itself, an example/representation copy of the political advertisement or a link to it.
2022/09/19
Committee: IMCO
Amendment 670 #
(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 verified electronic mail address, and whether they are a natural or legal entity.
2022/09/19
Committee: IMCO
Amendment 676 #
Proposal for a regulation
Annex I – point d
(d) any election or referendum with which the advertising is linked, if applicable.
2022/09/19
Committee: IMCO
Amendment 677 #
Proposal for a regulation
Annex I – point e
(e) the provisional aggregated amount spent on, and the value of other benefits received in part or full exchange for the specific advertisement, and on the specific advertising campaign where relevantapplicable, including on the preparation, placement, promotion, publication and dissemination of the political advertisements, as well as the aggregated actual amount spent and the value of other benefits received once known, periodically updated.
2022/09/19
Committee: IMCO
Amendment 681 #
Proposal for a regulation
Annex I – point h
(h) where the publisher is a very large online platform, a link to the advertisement’s location in the publisher’s advertising repository.a link to the advertisement’s location in the European Repository for Political Advertisements
2022/09/19
Committee: IMCO
Amendment 682 #
Proposal for a regulation
Annex II
Information to be provided under Article 12(3) (a) the specific groups of recipients targeted, including the parameters used to determine the recipients to whom the advertising is disseminated, with the same level of detail as used for the targeting, the categories of personal data used for the targeting and amplification, the targeting and amplification goals, mechanisms and logic including the inclusion and exclusion parameters and the reasons for choosing these parameters. (b) the period of dissemination, the number of individuals to whom the advertisement is disseminated and indications of the size of the targeted audience within the relevant electorate. (c) the source of the personal data referred to in point (a), including, where applicable, information that the personal data was derived, inferred, or obtained from a third party and its identity as well as a link to the data protection notice of that third party for the processing at stake. (d) a link to effective means to support individuals’ exercise of their rights under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable, in the context of targeting and amplification of political advertising on the basis of their personal data.deleted
2022/09/19
Committee: IMCO