29 Amendments of Birgit SIPPEL related to 2021/0381(COD)
Amendment 95 #
Proposal for a regulation
Recital 2
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.
Amendment 101 #
Proposal for a regulation
Recital 5
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.
Amendment 114 #
Proposal for a regulation
Recital 14
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.
Amendment 141 #
Proposal for a regulation
Recital 48
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.
Amendment 149 #
Amendment 155 #
Proposal for a regulation
Recital 51
Recital 51
Amendment 158 #
Proposal for a regulation
Recital 52
Recital 52
Amendment 166 #
Proposal for a regulation
Recital 60
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.
Amendment 173 #
Proposal for a regulation
Recital 70
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.
Amendment 215 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
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;
Amendment 216 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
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.
Amendment 223 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Amendment 258 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
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.
Amendment 325 #
Proposal for a regulation
Article 12 – title
Article 12 – title
12 Specific requirements related to targeting and amplificationd delivery
Amendment 327 #
Proposal for a regulation
Article 12 – paragraph 1
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.
Amendment 336 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 340 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 345 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 347 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 351 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 356 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
Amendment 359 #
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
Amendment 363 #
Proposal for a regulation
Article 13
Article 13
Amendment 368 #
Proposal for a regulation
Article 15 – paragraph 1
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.
Amendment 383 #
Proposal for a regulation
Article 15 – paragraph 6
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.
Amendment 399 #
Proposal for a regulation
Article 19 – paragraph 2
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].
Amendment 400 #
Proposal for a regulation
Article 19 – paragraph 3
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.
Amendment 401 #
Proposal for a regulation
Article 19 – paragraph 5
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.
Amendment 416 #
Proposal for a regulation
Annex II
Annex II