Regulation 2024/900 and online political advertising – fresh rules for the advertising industry

Regulation (EU) 2024/900 of the European Parliament and of the Council of 13 March 2024 on the transparency and targeting of political advertising (hereinafter: ‘Regulation 2024/900“¹) . However, the vast majority of responsibilities will apply from 10 October 2025. This means that companies request to adapt their actions to fresh legal requirements erstwhile planning an advertising run for political communications. To avoid the hazard of infringements and severe sanctions, it is worth taking steps to guarantee compliance with regulations and increase transparency of advertising activities. Comprehensive audit, updating of contract templates and implementing fresh procedures are key measures that will surely let for compliance with the fresh requirements and, further, for a safe conduct of political advertising campaigns.

New regulations in the pill – what does Regulation 2024/900 apply?

Regulation 2024/900 covers a wide scope of services related to political advertising – from political advice, advertising agencies and ad-tech platforms to PR, analytical and data brokers. peculiar attention has besides been paid to influencers whose activities, including content placement and another forms of paid support, may be subject to fresh requirements². utilizing online political advertising is an increasingly common phenomenon, and any linear forms of offline political advertising specified as radio and tv are besides offered online as on-demand services³. Political advertising may be a average of misinformation in peculiar where advertising does not uncover its political character, its sponsors shall be entities outside the Union or subject to targeting techniques or advertising transportation techniques⁴. Regulation aims at harmonising obligations transparency of political advertising services and targeting and transportation techniques. As pointed out by the Council of the European Union, only 17 EU countries have so far had government governing political advertising⁵. Implementation of the fresh government is intended to contribute to:

• facilitate the cross-border provision of political advertising services;
• limits the manipulation of information and abroad interference in national elections; and
• secure an open democratic debate in EU associate States⁶.

Regulation 2024/900 shall apply if political advertising is distributed throughout the European Unionreaches the audience in at least 1 associate State or is addressed to EU citizens. Advertising is subject to EU rules, regardless of where the company liable for its publication is located, where its sponsor lives, or what means it is distributed. So the key is, whether a policy advertisement is addressed to recipients in the EU.

Entrepreneurs who supply marketing services should bear in head that according to Regulation 2024/900 The concept of political advertising and political advertising services is broad. This means that more actions can be regulated, which means that a more prudent approach should be adopted in terms of planning and marketing campaigns.

According to Regulation 2024/900, political advertising⁷ is the preparation, placement, promotion, publication, transportation or dissemination in any way of communication, usually for remuneration or interior action or as part of a political advertising campaign, if these activities:

• performed by, or on behalf of, a political entity (unless it is purely private or purely commercial),
• or
• may affect and aim to affect the result elections, referendum, election behaviour or Legislative processes at national, Union, regional or local level.

Thus, according to Regulation 2024/900, political advertising may be regarded as content or influencer statements that will direct its audience to circumstantial electoral behaviour.

The kind of political advertising is "political advertising material‘, distributed in any way, by order or on behalf of the alleged ‘sponsor’, being a natural or legal person.

The concept of a political advertising service (based on the provision of political advertising) excludes indirect services within the meaning of the Digital Services Act (Article 3(g), which are provided without remuneration for the preparation, placement, promotion, publication, transportation or dissemination of a peculiar message. In practice, this means that under Regulation 2024/900 passive and free retention of political advertising on a given website is not considered a political advertising service.

The fresh mechanics resulting from Regulation 2024/900 will be rules relating to the alleged "Targeting techniques” which are understood as methods of utilizing individual data to direct political advertising precisely to or to exclude individuals or groups. Targeting techniques should be functionally combined with the concept of profiling within the meaning of the GDPR.

Who is subject to Regulation 2024/900?

Due to the scope and the division of responsibilities, Regulation 2024/900 is applicable to:

• Suppliers political advertising services⁸ – entities engaged in the provision of political advertising services, but purely ancillary services;
• Publishers of political advertising⁹ – i.e. providers of political advertising services that supply or distribute political advertising through any medium;
• Sponsors¹⁰ – entities on whose request or on behalf of a political advertising material is prepared, posted, promoted, published, delivered or distributed;
• Personal data controllers¹¹ – in the context of online political advertising, they must follow the rules to mark advertising;
• Very large online platforms and very large net search engines¹² – these entities are subject to additional obligations, specified as the assessment of systemic risks associated with political advertising;
• Citizens of the European Union, third-country nationals residing in the Union who hold electoral rights in the country of residence and legal persons established in the Union who are not controlled by third-country entities¹³ – during the 3 months preceding the election or referendum, political advertising services may be provided only to those entities;
• Political actors¹⁴ – including political parties or candidates for elected offices at various levels;
• Influencers.

The distinguishing component of the Supplier and the Publisher is that each Publisher, in addition to preparing political advertising, besides publishes it (spreads) through any medium. In practice, in 1 advertising run 2 cooperating companies can execute different roles – 1 as Publisher (publishing political advertising) and the another as Supplier (forming its content).

Supplier political advertising services will:

• a company creating content for political parties as part of an advertising campaign;
• an advisory company that develops an advertising run plan and the content of posts with political message.

Publisher political advertising will:

• a company that independently prepares political advertising and publishes it (e.g. through social media);
• a company managing an net platform within the meaning of the Digital Services Act¹⁵which distributes political advertising for remuneration;
• influencer distributing content prepared for him as a political advertising within the meaning of Regulation 2024/900.

I conduct political advertising. What duties will I have?

The providers of political advertising services and publishers of political advertising should supply services in a transparent manner and in accordance with the requirements of Regulation 2024/900. any of these obligations besides apply straight or indirectly to Sponsors.

1. Marking of political advertising in a transparent way to the public (transparent statements)

According to Regulation 2024/900, Publishers will be required to decently description political advertising material. Publicised political advertising material should include:information that it is political advertising;

• the sponsor's data and, if applicable, the entity that controls it;
• an indication of the link with elections, referendums or legislative procedures where advertising relates to them;
• information on the usage of targeting or advertising techniques, if any;
• a transparency announcement containing the required information or a link to get it easily.

The transparency announcement referred to above should include, inter alia: sponsor data, advertising period, information on the usage of targeting techniques, full amount of remuneration, origin of backing (public/private, EU or non-EU) or advertising data.

It should so be borne in head that policy advertisers will be obliged to apply properly designed interfacesto enable them to make the above information available.

2. Keeping Registers and Repository

The providers of political advertising services will be required, pursuant to Article 9(1) of Regulation 2024/900, to keep a registry keeping a number of information within the framework of their political advertising services, i.e. to keep records covering:

• advertising or campaignsthe service concerned,
• types of service provided related to political advertising,
• amounts and benefits received for the service, including the value of invoices and any another forms of remuneration,
• sources of financing, i.e. whether the funds come from the public or private sector and are from or outside the European Union,
• advertising sponsor dataand, if applicable, the controlling body,
• link of advertising with elections, referendums or legislative processesif specified dependence exists.

Additionally, political advertising publishers, who are very large online platforms and very large web search engines within the meaning of the Digital Services Act, must store all political advertising materials. This means that they must be archived both in European Repository, established under Regulation 2024/900, and in the peculiar repository specified in Article 39 of the Digital Services Act. This will make political advertising and related information available for public scrutiny.

The publishers of the political advertising referred to above must store political material in European Repository from the minute they were published. This work shall proceed throughout the period of issue of advertising and by 7 years since its last display on their net interfaces.

Relationship with applicable regulations. How does Regulation 2024/900 affect existing legislation, and who will supervise its compliance?

Regulation 2024/900 concerns the transparency of political advertising, but does not interfere with its content. In another words, the intent of the regulation is to guarantee transparency and accountability in political advertising, without affecting what content (views or narratives) is represented in it. The fresh rules besides do not affect the rules in force in the Union and in individual countries on the organisation, financing and conduct of political campaigns. associate States are inactive free to establish prohibitions or restrictions on political advertising, for example during electoral campaigns. Nor does the regulation change the rules on the conduct of electoral campaigns itself – its aim is simply to increase the transparency of political messages.

It is besides worth noting that Regulation 2024/900 introduces the concept of ‘political revellates’ into legal order, which has not occurred before.

Regulation 2024/900 does not replace national provisions concerning "political advertising” specified as Electoral Code. This means that political advertising companies must comply with both fresh EU regulations and national rules, which involves additional responsibilities.

Compliance with the obligations under Regulation 2024/900 at national level will be supervised by respective separate bodies simultaneously. In accordance with Article 22 of Regulation 2024/900:

• supervising compliance with obligations related to the techniques of targeting and delivering political advertising online will be the competence of the president of the Office for individual Data Protection;
• supervising compliance with the obligations under Articles 7 to 17 and 21 of Regulation 2024/900 may be entrusted new body or 1 of the authorities designated by the associate States in connection with the Digital Services Act;
• Member States are besides required to designate an appropriate authority to supervise aspects Regulation 2024/900 another than those referred to above. specified an authority may disagree from the authorities described in the preceding points and should be structurally independent of the sector and of any external political intervention or pressure.

Is Regulation 2024/900 already in force?

Regulation 2024/900 entered into force on 9 April 2024. However, the vast majority of the responsibilities will begin to have Application from 10 October 2025 From that date, providers of political advertising services will be required, inter alia, to keep a registry and publishers of political advertising to print it in accordance with the principles of transparency.

However, as from 9 April 2024, providers of political advertising services shall not impose discriminatory restrictions on the provision of their services on grounds of the place of residence or place of residence of the sponsor. In practice, this means that providers of political advertising services should supply their services irrespective of the country from which they will be ordered to conduct an advertising run on advertising p¹⁶Olytic.

Due to the work to appoint a fresh supervisor or to give additional powers to existing bodies, a national law will should be adopted. At the minute there is no legislative work in Poland.

How should the company prepare for fresh regulations?

Regulation 2024/900 constitutes a milestone in marketing activities concerning political advertising. fresh responsibilities, without giving way to the existing local level, introduce mechanisms aimed at harmonising EU marketing policy messages.

Penalties for infringements of obligations under Regulation 2024/900 will be, inter alia, a monetary punishment of up to 6% of the yearly income/budget of the political service supplier or sponsor.

Entrepreneurs should so take steps already to prepare themselves decently for fresh regulations.

1. Establish the function of your organisation in the implementation of political advertising.

Under Regulation 2024/900, marketing companies may act as a supplier of political advertising services or as a publisher of political advertising.

A good definition of the scope of marketing activities and the location of the company's profile in the fresh regulation will let for the appropriate definition of fresh obligations.

2. Set the right rules and model for cooperation with the sponsor.

Marketing companies that supply their advertising run services should redesign and adapt the principles of cooperation with entities ordering activities related to political advertising material.

Marketing companies should defend themselves by obtaining a number of statements and commitments from sponsors in order to avoid possible sanctions. Among another things, sponsors should commit to:

• provide applicable information confirming that they comply with the obligations to identify political advertising material, labelling requirements and transparency;
• ensure that statements are genuine and reliable;
• provide information to identify their identity and contact details;
• indicate whether the sponsor acts alone or in cooperation or under the control of another entity.

These elements should be specified in the cooperation agreements concluded.

3. analyse the way marketing activities are carried out in the context of their possible qualification as ‘targeting techniques’.

Entrepreneurs should check whether their advertising projects in the field of political advertising, in accordance with Regulation 2024/900, qualify as ‘targeting techniques’, i.e. methods utilizing individual data to direct political advertising precisely.

Targeting techniques are subject to crucial restrictions. First of all, in order to apply them, it will be essential to get explicit consent, within the meaning of GDPR, to the processing of individual data exclusively for the purposes of political advertising. In addition, regulations prohibit profiling on the basis of circumstantial categories of individual data, specified as wellness information or information revealing political views.

If your company is engaged in political advertising, it is worth analyzing the processes and adapting them to fresh legal requirements.

In order for a company operating in the political advertising manufacture to be able to prepare effectively for fresh regulations under Regulation 2024/900, it should take a number of steps to adapt its processes and procedures. Worth:

• conduct audit of current political advertising practices,
• adapt models of contracts with customers (sponsors) and subcontractors,
• implement appropriate procedures for verification and marking of materials,
• develop procedures for the creation and making available of transparency notices is
• prepare to drive a registry of political advertising material.

It is besides crucial to train workers active in the political advertising process with fresh rules and procedures. The company should besides guarantee appropriate cooperation with authorities (e.g. by setting up a contact point for communication with competent authorities).

1. Regulation (EU) No 2024/900 of the European Parliament and of the Council of 13 March 2024 on transparency and targeting of political advertising (OJ L 202, 2024, item 900). ↩︎
2. See recital (1) of Regulation 2024/900. ↩︎
3. See recital (2) of Regulation 2024/900. ↩︎
4. See recital (4) of Regulation 2024/900. ↩︎
5. https://www.consilium.europa.eu/en/infographics/political-advertising/ (accessed 29.01.2025). ↩︎
6. Ibid. ↩︎
7. Art. 3 point 2) of Regulation 2024/900. ↩︎
8. See recitals (6), (9), (10) and (42) of Regulation 2024/900. ↩︎
9. See recitals (6) and (41) of Regulation 2024/900. ↩︎
10. See Recitals (1), (6), (22) and (40) of Regulation 2024/900 ↩︎
11. See recitals (74) and (75) of Regulation 2024/900. ↩︎
12. See Recitals (6), (45), (46), (51), (52), (71) of Regulation 2024/900. ↩︎
13. See Article 5(2) and Recital (19) of Regulation 2024/900. ↩︎
14. See recitals (33) and (34) of Regulation 2024/900. ↩︎
15. Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single marketplace in digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, p. 1 as amended). ↩︎
16. See Recital (18) of Regulation 2024/900. ↩︎