EU ups defences against foreign interference in elections

Vote – Photo © Andre – Fotolia

(BRUSSELS) – The EU Council adopted a new regulation Monday on the transparency and targeting of political advertising, aimed at countering information manipulation and foreign interference in elections.

The EU regulation aims to facilitate recognition of political advertisements, to understand who is behind them and to know whether they have received a targeted advertisement, so that they cna be better placed to make informed choices. It will also ensure that political advertising takes place with full respect of the right to privacy and that freedom of speech and of opinion are protected.

The new rules cover the transparency and targeting of political advertising in relation to an election, referendum, or a legislative process at EU level or in a member state. They do not affect the content of political advertisements nor other forms of political advertising such as the conduct of political campaigns, which remain subject to the specific national rules of member states.

Content under editorial responsibility, as well as views expressed in a personal capacity, are not covered.

According to the rules:

  • Political advertisements must be made available with a transparency label and an easily retrievable transparency notice. These must clearly identify political advertisements as such and provide some key information about them, including their sponsor, the election or referendum to which they are linked, the amounts paid, and any use of targeting techniques.
  • Targeting political advertising online will be permitted only under strict conditions. The data has to be collected from the data subject and it can be used only after the data subject have given explicit and separate consent for its use for political advertising. Special categories of personal data, such as data revealing racial or ethnic origin or political opinions, cannot be used for profiling.
  • To prevent foreign interference, there will be a ban on the provision of advertising services to third country sponsors three months before an election or referendum.

The regulation will now be signed, followed by publication in the EU’s Official Journal, and it will enter into force 20 days later. Most of its provisions will start to apply 18 months after the regulation’s entry into force, i.e. in autumn 2025.

Regulation on the transparency and targeting of political advertising

Outcome of the vote

Transparency and targeting of political advertising: EU co-legislators strike deal on new regulation (press release, 7 November 2023)

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