EU adopts rules for transparent, targeted political ads to combat misinformation, safeguard privacy, and protect freedom of speech. Implementation starts in autumn 2025.
Today, the European Council adopted new rules on the transparency and targeting of political advertising, desired at countering information manipulation and foreign interference in elections.
The regulation will make it comfortable for citizens to recognize political advertisements, understand who is after them, and know whether they have obtained a targeted advertisement so that they are better positioned to make informed choices. It will also guarantee that political advertising takes place in full reference to the right to privacy and that the freedom of opinion and freedom of speech are guarded.
The new rules concern the transparency and targeting of political advertising in link to an election, referendum, or legislative process at the EU level or in a member state. They do not impact the content of political advertisements nor other characteristics of political advertising, such as the manners of political campaigns, which remain subject to the distinct national rules of member states. Content under editorial obligation, as well as views expressed in a confidential capacity, are not covered.
According to the rules, Political advertisements must be made functional with a transparency label and an efficiently retrievable transparency notice. These must recognize political advertisements as such and deliver some key information about them, including their supporter, the election or referendum to which they are related, the amounts spent, and any use of targeting techniques.
Rules also state that targeting political advertising online will only be allowed under strict conditions. The data has to be gathered from the data subject and it can be utilized only after the data subject has given detailed and separate consent for its usage for political advertising. Special types of personal data, such as data revealing ethnical or racial origin or political opinions, cannot be utilized for profiling. Moreover, to contain foreign interference, there will be a prohibition on the provision of advertising services to third-country supporters three months before an election or referendum.
In the next steps, the regulation will now be signed, published in the EU’s Official Journal, and documented into force 20 days later. Most of its commission will begin to apply 18 months after the regulation enters into force, i.e. in autumn 2025.
Previously, in November 2023, the Council presidency and EU Parliament negotiators had reached a provisional arrangement on the main political elements of the rule on the transparency and targeting of political advertising.
Under the provisional consensus, political advertising was described as the preparation, placement, advertising, publication, delivery, or dissemination of messages by, for, or on behalf of political players, unless they are of a morally private or purely commercial nature
That regulations only covered political advertising that was normally delivered for remuneration, but also political advertising via in-house actions, such as the practice of political advertisements within political parties, and as the domain of a political advertising campaign. The provisionally agreed rules also placed strict limits on the usage of targeting and ad delivery techniques.
The European Union has introduced new rules on transparency and targeting in political advertising to counter misinformation and foreign interference in elections. The regulations aim to empower citizens with information about political ads while safeguarding privacy and freedom of speech. These rules will be implemented gradually, starting in autumn 2025.
