FAQ: EU Regulation on political advertising

It refers to a message disseminated, normally in return for payment, in an advertising or campaign context:

• either by a political actor;
• or by any other person or organisation, where the message is designed to influence an election, a referendum, voting behaviour or a legislative or regulatory process.

It is therefore not limited to ‘party advertising’, but also includes any advertising aimed at influencing a political or electoral decision. These two scenarios are alternative and not cumulative: it is sufficient for one of them to be met.

Furthermore, it must constitute a genuine ‘message’; thus, a logo or the name of a political figure on a promotional item does not fall within the scope of the regulation if it is not accompanied by a message of a political nature.

Another key criterion is that of ‘remuneration’. The definition of ‘political advertising’ covers only those messages for which the creation, placement, promotion, publication or distribution gives rise to remuneration. The concept of remuneration under EU law is interpreted broadly. It includes not only payments in cash, but also benefits in kind, such as the covering of travel and accommodation costs or access to events for which a fee would normally be charged.

The sponsor is the person or organisation at whose request, or on whose behalf, the political advertising is prepared, placed, promoted, published or broadcast. In practice, this may be a party, a candidate, a non-profit organisation, a company or another entity that commissions or funds the advertising.

This is the person or company that provides a political advertising service, for example by preparing, placing, promoting, publishing, distributing or broadcasting the advertisement.

This may be an agency, a media organisation, a platform, an advertising intermediary or a content creator, where they are paid or commissioned to disseminate this type of message.

The publisher is the service provider that actually publishes, distributes or broadcasts the political advertisement on a given medium. In practice, this role may be fulfilled by a television channel, a radio station, a newspaper, a platform, a website, a billboard operator or a content creator who makes the advertisement available to the public.

Please note, however, that a simple political post published for free on a social media platform is not automatically a political advertisement. The situation changes if the party, candidate or another organisation pays to promote the post, for example by ‘boosting’ it (i.e. paying the platform to give it greater prominence) or by funding a sponsored campaign targeting a specific audience (by age, place of residence, interests, etc.). As soon as a message is sponsored or ‘boosted’ in return for payment in order to increase its reach amongst a specific audience, it may fall within the scope of political advertising, provided that the other criteria of the definition are also met. In this case, the message becomes political advertising and the platform, by providing this paid promotion and targeting service, is regarded as a provider of political advertising services, or even as a publisher of political advertising within the meaning of the Regulation.

Targeting involves directing a political advertisement solely at a person or group of people, or excluding certain people, on the basis of the processing of personal data. Instead of showing the same message to everyone, the platform uses personal data to select who to show it to. For example, a political party may decide to show an advert about pension reform only to people aged between 50 and 65 living in a certain region who are interested in politics. In such cases, other users will not see this advert, even if they use the same service. Targeting techniques often allow for better use of the budget by avoiding widespread distribution to profiles that are not particularly interested.

Political micro-targeting involves, for example, using personal data to psychologically profile voters and send them highly personalised messages tailored to their personality traits, with the aim of influencing how they vote in elections. The Cambridge Analytica case illustrates this: the company exploited the data of 87 million Facebook users to precisely target voters during the 2016 Trump campaign and the Brexit referendum, for example by sending alarmist adverts about immigration to people prone to anxiety. This technique raises concerns for democracy by fostering manipulation and polarisation.

Ad-delivery techniques are optimisation techniques that increase the traffic, reach or visibility of a political advert based on the automated processing of personal data. They are therefore mechanisms that automatically decide who to show the advert to, how many times, and with what level of visibility.

For example, a party launches an online campaign to promote tax reform. The platform or agency configures the campaign so that the algorithm:

• shows the advert more often to people who have already clicked on similar political content;
• increases the budget in geographical areas where the click-through rate is highest;
• displays the advert more frequently at times when the target audience is most active.

The algorithm continuously adjusts the frequency, bid and placement of the advert to maximise views or clicks, based on users’ personal and behavioural data.

The regulation recognises that political advertising is on the rise, particularly online, and that it is frequently broadcast and published across national borders, sometimes from other Member States or third countries.

It aims to address three very specific issues:

1. the lack of transparency regarding the individuals or organisations funding political messages;
2. the use of targeting techniques that may influence voters without their knowledge;
3. and the risks of interference or manipulation during election campaigns.

The regulation thus aims to improve public information and trust, whilst upholding respect for freedom of political expression as a guiding principle.

No, the Regulation applies only to political advertising, and not to all political discussion in the public sphere. In particular, it excludes messages of a purely private or purely commercial nature, which are not intended to influence an election, voting behaviour or a political process and therefore do not fall within the definition of political advertising within the meaning of Article 3.

Nor does the regulation infringe upon the media’s editorial freedom. Thus, the expression of political opinions or the dissemination of political content under the editorial responsibility of the media, which play an essential role in freedom of expression and information, must not be confused with political advertising.

Examples:

• A political opinion published by an individual, in a purely personal capacity and without any consideration, on social media does not constitute political advertising.
• Political messages appearing on posters or banners prepared by citizens to take part in a demonstration in a personal capacity do not constitute political advertising either.
• Online influencers who discuss political reforms and express their personal opinions are not covered by the regulations, provided they are not paid to do so.
• Editorial opinion pieces on legislative proposals, political events or other recent developments normally fall within the editorial responsibility of the media and therefore do not constitute political advertising.

A message, the creation, placement, promotion, publication, distribution or dissemination of which is ‘normally carried out in return for payment’, may constitute political advertising when it is created, placed, promoted, published, distributed or disseminated by a political actor, or when it is designed to influence an election, a referendum, voting behaviour or a legislative or regulatory process. The assessment therefore depends not only on the medium used, but also on the role of the author, the purpose of the message and the context in which it is disseminated.

No, official and neutral information on the organisation of the vote, purely informative public communications from the authorities, as well as certain free and equal opportunities provided for by law to present candidates, such as television and radio spots on public service media, are excluded from the scope of political advertising. The idea is simple: informing citizens about the vote is not the same as seeking to influence their vote.

Example: Information published by ALIA on its official website regarding election campaigns in the media does not constitute political advertising, provided that it remains neutral, informative and not intended to influence the vote.

The regulation prohibits sponsorship by non-EU entities in the three months leading up to an election or referendum in Luxembourg, in order to protect local voters from external manipulation. Under the current regulation, interference such as that seen in the 2024 Romanian elections – which were annulled by the Romanian Constitutional Court due to widespread manipulation on TikTok (unlabelled pro-Russian TikTok adverts and hidden funding) – would be prohibited and subject to sanctions in Luxembourg.

No, the regulation applies to political advertising disseminated both online and offline, regardless of the medium used. A campaign on a social media platform, a television advert, a radio advert, a press advertisement, a poster or a political leaflet may therefore fall within the scope of the regulation if the conditions are met.

Failure to comply with the transparency obligations may result in:

• action by ALIA as the competent authority (formal notices, compliance orders);
• administrative or, where applicable, criminal sanctions provided for under national law;
• data protection implications where targeting is based on personal data without complying with the applicable framework.

If you see a political advertisement that you believe does not comply with the rules (no ‘political advertisement’ label, no sponsor, doubts about the targeting, etc.), you can first use the reporting tool provided by the online service that is displaying it (social media platform, media website, platform). This mechanism, required by Article 15 of the Regulation, must be easily accessible and free of charge for users. You can also submit a report or lodge a complaint with the Luxembourg Independent Audiovisual Authority (ALIA) regarding ‘media and transparency obligations’, and with the National Data Protection Commission (CNPD) regarding issues relating to the use of personal data.

A Luxembourg audiovisual or audio media service that publishes or broadcasts a political advertisement may become a publisher of political advertising within the meaning of the Regulation. It must therefore ensure that the advert is clearly identifiable as political advertising and accompanied by the necessary transparency information, such as the identity of the sponsor, the link to an election or political process, and any use of targeting.

The advert must clearly state that it is a political advert, identify the sponsor and, where applicable, the entity that ultimately controls it. It must also refer to a transparency notice, or clearly indicate where this can be consulted, including information such as the broadcast period, the amounts paid, the source of the funds and the link to the relevant election or political process.

No, the amounts do not have to be announced on air.

Whilst the message is being broadcast, the radio station must only:

• Clearly identify that it is a political advertisement
• State who the sponsor is (the party or candidate)
• Specify the link to an election or political process

Example on air:

“You have just heard a political message paid for by the (…) Party concerning the 2028 general election.”

However, the audiovisual or audio media service must then publish the detailed information in a public repository (an online database), including:

• The identity of the sponsor
• The amounts spent (or ‘€0’ if the airtime was free)
• The targeting criteria used (or ‘none’ if broadcast to the general public)
• The period and reach of the broadcast

The regulation aims to immediately inform viewers or listeners that they are hearing a political message and who is funding it, without overburdening the broadcast. Full financial details remain accessible to those who wish to verify the transparency of the campaigns.

The regulations require the service provider to ask the sponsor to declare whether the service constitutes a political advertising service and whether the relevant conditions are met. The sponsor is responsible for the accuracy of the declarations and must provide the necessary information to enable service providers and publishers to fulfil their obligations.

Advertising agencies will need to put in place procedures for gathering information prior to publication, retain the necessary information, and refuse or suspend publication if the required transparency information is not available. During election periods, they must also be able to respond swiftly to reports and requests from the authorities, particularly within the stricter timeframes applicable during the final month preceding an election.

Yes, they may be affected when they are involved in the publication, promotion or dissemination of political advertising.

They must do so when they publish, distribute or broadcast a political advertisement in accordance with the terms of the regulation. The key point is not merely the wording used in the contract, but the nature of the activity itself: a political message, an organised campaign, promotion, remuneration or benefit, and the aim of exerting political or electoral influence.

A content creator must take particular care not to publish paid or sponsored political content without clearly indicating that it is a political advertisement and without identifying the person or organisation sponsoring it. They must also ensure compliance with the rules on targeting, given that the regulations restrict the use of personal data for political advertising and prohibit profiling based on special categories of data as defined by the GDPR.

Where an economic benefit (e.g. gifts, invitations or the covering of expenses) or a structured collaboration between a content creator and a political figure is intended to promote a political message, it is necessary to consider whether this constitutes political advertising and to identify who is sponsoring it.

In practice, the content creator must document who commissioned the message, who is paying for or providing the benefit, what message is to be disseminated, and whether the publication is linked to an election, a referendum or a political process.

1. If I am paid for a political message, it is a political advertisement.
2. I clearly state ‘Political advertisement’ + ‘paid collaboration’.
3. I must state who is paying: ‘sponsored by [name of party/organisation]’.
4. I specify the link to the relevant election or reform.
5. The disclosure must be visible directly on the post or story, not hidden or only in the bio.
6. In addition to these disclosures, where the political advertisement is targeted or relies on the use of personal data, a link to a public transparency notice must be provided. This link allows the user to access more detailed information about the campaign (e.g. funding, those responsible, targeting parameters) and must be presented clearly, for example: ‘More information in the transparency notice: [link]’.

Parties, candidates and campaign organisations may be sponsors when they commission, fund or have a political advert broadcast. They must therefore provide accurate information to service providers and publishers, in particular to enable the identification of the sponsor, the transparency notice, financial information and the link to the relevant election or political process.

A party should prepare the sponsor’s identity, relevant contact details, the identity of the person paying if different, the broadcast period, the amounts or benefits associated with the advert, whether the funds are public or private, and the link to the relevant election, referendum or political process. It should also document any use of targeting or ad-serving techniques based on personal data.

No, a party’s campaign communications do not automatically trigger labelling and transparency notice obligations. If the party publishes or disseminates its messages itself – for example, on its own social media account, on its website or through its own members – this constitutes dissemination through internal activities. In this case, the obligations applicable to publishers of political advertising do not apply. However, they may apply if the party pays an external service provider to publish, promote, boost or disseminate the message.

Yes, but only under strict conditions when personal data is used. In particular, the regulation requires that data be collected directly from the data subject, that explicit consent be given separately for political advertising, and that there be no profiling based on special categories of sensitive data within the meaning of the GDPR.

The regulation prohibits targeting or ad-serving techniques involving the processing of data relating to a person who is at least one year below the national voting age; in Luxembourg, this means people under the age of 17. In practice, this means that a political campaign must exercise particular caution if its parameters or databases may include minors or young people who are not eligible to vote.

They must establish contractual arrangements for the flow of information necessary to ensure compliance, as service providers must be able to identify the political nature of the advert, obtain details of the sponsor and pass on the relevant information to publishers. A best practice is to have an internal form for each political advert, subject to legal validation or compliance checks prior to publication.

Publishers of political advertising must put in place mechanisms for reporting adverts that do not comply with the regulations. During the final month preceding an election or a referendum, reports relating to that election or referendum must be processed within 48 hours.

The Regulation applies to political advertising relating to elections to the European Parliament, all elections and referendums held at national, regional and local levels in the Member States, as well as internal elections to appoint the leadership of political parties. However, it does not cover other types of elections, such as professional elections or votes organised on a purely private basis.

Parties, media organisations, agencies and influencers should establish a clear approval process for each piece of political advertising, with one person responsible for approval, one person responsible for transparency data, and one person responsible for any targeting. They should also keep a record for each advertisement, including details of the sponsor, the amounts involved, the source of the funds, the broadcast period, the media used and any targeting parameters.

During the three months leading up to an election or referendum held in the Union, the Regulation restricts the provision of political advertising services relating to that election or referendum to certain sponsors with an eligible link to the Union, such as Union citizens, certain residents with the right to vote, or legal persons established in the Union and not controlled by entities from third countries. This rule aims to reduce the risks of foreign interference in political advertising in the run-up to the vote.

The final month is a period of heightened vigilance, as publishers must deal with certain reports within 48 hours and service providers must respond promptly to requests for information from the competent authorities. Breaches of certain obligations during this period may also be considered particularly serious.

The EU regulation does not replace national rules on the conduct of the election, election silence periods or rules on election posters, but it adds a layer of transparency where political advertising within the meaning of the regulation is concerned. Stakeholders must therefore check both the applicable national electoral rules and the EU transparency obligations, particularly for sponsored or targeted content published very close to the vote.

Yes, a poster may be covered if it constitutes political advertising within the meaning of the Regulation, as the text applies regardless of the medium used. The practical requirement will then be to adapt the transparency information to the medium, for example by providing clear labelling and easy access to the full transparency notice.

A leaflet may fall within the scope of the regulations if its production or distribution constitutes political advertising, particularly as part of an organised campaign. In such cases, it must be possible to identify the sponsor and provide the essential transparency information, even if the physical format requires a shorter presentation or a reference to supplementary information.

Items distributed as part of an organised political campaign may fall within the scope of the regulations when they carry a political message and not just, for example, the name of the party or candidate. In this case, they must clearly identify the sponsor (for example, ‘Party X – 2029 local elections’). If space is very limited, the name of the political actor must at least appear on the item, with, where applicable, a link to a website or a transparency notice for further details.

Companies that produce or sell political merchandise are not, in principle, considered publishers of political advertising within the meaning of the Regulation. They only become so if they use such items as a medium to publish, provide or disseminate, in return for payment, a message constituting political advertising. In this case, the transparency obligations apply when such political advertising services are commissioned.

Where a political party distributes its own promotional items (for example, by giving them away or selling them directly to its supporters), the transparency obligations relating to political advertising services do not apply. However, the rules on the targeting and dissemination of online political advertising remain applicable, where relevant.

Yes, the regulations also apply to offline media, including print media, where the advertisement meets the definition of political advertising. The newspaper or its advertising sales department may then act as the publisher of political advertising and must ensure that the required information is included.

In practical terms, the newspaper or its advertising sales department must ensure that the advertisement clearly bears the words ‘Political advertisement’, states who is paying for or sponsoring the message (‘sponsored by [name of party / candidate / organisation]’) and, where relevant, specifies which election or political process the message relates to (e.g. local elections, general elections, a referendum, reform X). Before publication, the publisher must check that these elements are present and legible, and refuse any advert that clearly fails to meet these minimum transparency requirements.

The transparency rules apply to both, but online political advertisements are also intended to be included in a public European register of online political advertisements, together with their transparency notices. Offline, the main concern is that citizens should be able to immediately recognise the political nature of the advertisement and easily access the transparency information.

For an audiovisual or audio media service

• Check whether the advert, radio message, placement or campaign constitutes political advertising.
• Request a declaration and the necessary information from the sponsor before broadcast.
• Ensure clear labelling and access to the transparency notice.
• Ensure that reports are dealt with promptly, particularly in the final month before the election.

For content creators

• Determine whether the collaboration has a political or electoral purpose.
• Do not conceal political sponsorship behind an ordinary commercial collaboration.
• Make it clear who is paying, who is commissioning the message and what the link is to the election or the political process.
• Avoid any targeting based on sensitive data or insufficient consent.

For a political party or candidate

• Prepare a transparency dossier for each political advertisement.
• Check contracts with agencies, media organisations, platforms and content creators.
• Document the amounts, the source of the funds, the broadcast period and the target audience.
• Step up monitoring over the three months leading up to the election, and particularly during the final month.

ALIA has been designated as the competent authority for the supervision of Regulation 2024/900 in Luxembourg, alongside the National Commission for Data Protection (CNPD), which is responsible for aspects relating to the protection of personal data. ALIA has also been designated as the national contact point for the European Union for all aspects of the regulation on political advertising.

ALIA is responsible for three main categories of tasks:

1. Oversight of political advertising service providers

ALIA checks that providers comply with their obligations regarding:

• Verifying the identity of sponsors
• Retaining information relating to political advertising
• Publication in public registers (sponsor’s identity, amounts spent, targeting criteria, distribution data)

2. Supervision of online platforms (intermediary service providers within the meaning of the DSA)

ALIA verifies that digital platforms, social media networks and other entities that disseminate political advertising comply with:

• Clear identification of political advertising
• Transparency regarding the sponsor and the targeting techniques used
• Specific prohibitions (targeting of minors, use of sensitive data)
• Publication of information in an accessible repository

3. Monitoring the transparency of sponsors and service providers

ALIA ensures that:

• Sponsors provide accurate information about their identity, comply with expenditure reporting obligations and do not use prohibited techniques
• Service providers verify the identity of their clients, comply with mandatory labelling requirements and put in place effective complaints mechanisms

Political advertising service providers established in third countries (outside the EU) that offer their services to Luxembourg citizens must appoint a legal representative within the European Union.

ALIA is responsible for:

• Managing the national database listing these legal representatives and their contact details
• Verifying that service providers from third countries have indeed appointed a representative
• Ensuring that this database is accessible to guarantee transparency

This requirement ensures that ALIA has a point of contact physically present in the EU to enforce the rules of the Regulation, including with regard to major international platforms based in the United States or elsewhere.

ALIA and the CNPD have complementary responsibilities: the CNPD is responsible for aspects relating to the protection of personal data (in particular explicit consent, the prohibition on profiling minors, and the prohibition on the use of sensitive data), whilst ALIA oversees transparency obligations and intermediary service providers.

As the national contact point, ALIA coordinates matters relating to the transparency of political advertising at European level and facilitates exchanges with EU institutions and the competent authorities of other Member States.