[ParlTrack]

Alexandra GEESE, Rasmus ANDRESEN, Kim VAN SPARRENTAK, Marcel KOLAJA, Maria-Manuel LEITÃO-MARQUES, Paul TANG, Eva KAILI, Ismail ERTUG, Evelyn REGNER, Martin SCHIRDEWAN, Tiemo WÖLKEN, Cornelia ERNST, Birgit SIPPEL, Alex AGIUS SALIBA, Clare DALY

Proposal for a regulation
Recital 4 a (new)

(4a) Online advertisement plays an important role in the online environment, including in relation to the provision of the information society services. However, certain forms of online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to creating financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, to misleading or exploitative marketing or the discriminatory display of advertising with an impact on the equal treatment and the rights of consumers. Consumers are largely unaware of the volume and granularity of the data that is being collected and used to deliver personalised and micro-targeted advertisements, and have little agency and limited ways to stop or control data exploitation. The significant reach of a few online platforms, their access to extensive datasets and participation at multiple levels of the advertising value chain has created challenges for businesses, traditional media services and other market participants seeking to advertise or develop competing advertising services. In addition to the information requirements resulting from Article 6 of Directive 2000/31/EC, stricter rules on targeted advertising and micro-targeting are needed, in favour of less intrusive forms of advertising that do not require extensive tracking of the interaction and behaviour of recipients of the service. Therefore, providers of information society services may only deliver and display online advertising to a recipient or a group of recipients of the service when this is done based on contextual information, such as keywords or metadata. Providers should not deliver and display online advertising to a recipient or a clearly identifiable group of recipients of the service that is based on personal or inferred data relating to the recipients or groups of recipients. Where providers deliver and display advertisement, they should be required to ensure that the recipients of the service have certain individualised information necessary for them to understand why and on whose behalf the advertisement is displayed, including sponsored content and paid promotion.

2021/07/08
Committee: IMCO

Paul TANG, Karen MELCHIOR, Alexandra GEESE, Martin SCHIRDEWAN, Eva KAILI, Rasmus ANDRESEN, Kim VAN SPARRENTAK, Maria-Manuel LEITÃO-MARQUES, Ismail ERTUG, Cornelia ERNST, Birgit SIPPEL, Evelyn REGNER, Tiemo WÖLKEN, Alex AGIUS SALIBA, Lina GÁLVEZ, Marcel KOLAJA, Clare DALY

Proposal for a regulation
Article 13 a (new)

Article 13 a Targeting of digital advertising 1. Providers of intermediary services shall not collect or process personal data as defined by Regulation (EU) 2016/679 for the purpose of showing digital advertising. 2. This provision shall not prevent intermediary services from displaying targeted digital advertising based on contextual information such as keywords, the language setting communicated by the device of the recipient or the digital location where the advertisement is displayed. 3. The use of the contextual information referred to in paragraph 2 shall only be permissible if it does not allow for the direct or, by means of combining it with other information, indirect identification of a natural person or a clearly identifiable group of recipients/persons, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2021/06/10
Committee: LIBE

Tiemo WÖLKEN, Evelyne GEBHARDT, Franco ROBERTI, Christel SCHALDEMOSE, Rasmus ANDRESEN, Eva KAILI, Alexandra GEESE, Kim VAN SPARRENTAK, Lina GÁLVEZ, Evelyn REGNER, Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, Ismail ERTUG, Marcel KOLAJA, Paul TANG

Proposal for a regulation
Article 13 a (new)

Article 13a Targeting of digital advertising 1. Providers of intermediary services shall not collect or process personal data as defined by Regulation (EU) 2016/679 for the purpose of displaying digital advertising to a specific recipient or group of recipients. 2. This provision shall not prevent intermediary services from displaying targeted digital advertising based on contextual information such as keywords, the language or the approximate geographical location of the recipient of the service to whom the advertisement is displayed. 3. The use of the contextual information referred to in paragraph 2 shall only be permissible if the advertisement is displayed in real time and it does not allow for the direct or, by means of combining it with other information, indirect identification of a natural person or group of persons, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person or group of persons.

2021/07/19
Committee: JURI

Alexandra GEESE, Rasmus ANDRESEN, Kim VAN SPARRENTAK, Maria-Manuel LEITÃO-MARQUES, Paul TANG, Eva KAILI, Ismail ERTUG, Evelyn REGNER, Martin SCHIRDEWAN, Tiemo WÖLKEN, Cornelia ERNST, Birgit SIPPEL, Alex AGIUS SALIBA, Clare DALY

Proposal for a regulation
Article 2 a (new)

Article 2a 1. Providers of information society services shall only deliver and display advertising that is based on contextual information such as keywords, language context, or the approximate geographical region of the recipient of the service to whom an advertisement is delivered or displayed. 2. The use of the contextual information referred to in paragraph 1 shall only be permissible if the advertisement is delivered in real time, that related data are not stored and that it does not involve the direct or, by means of combining it with other information, indirect identification of a natural person or group of persons, in particular by reference to an identifier such as a name, an identification number, precise location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person or group of persons. 3. Providers of information society services that deliver and display advertising on their online interfaces or on third-party services shall ensure that the recipients of the service can identify, for each specific advertisement displayed to each individual recipient, in a clear and unambiguous manner and in real time: (a) that the information displayed is an advertisement; (b) the natural or legal person on whose behalf the advertisement is displayed; (c) detailed information about the main parameters used to determine the recipient to whom the advertisement is delivered and displayed.

2021/07/08
Committee: IMCO

4 Amendments of Ismail ERTUG related to 2020/0361(COD)

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