Legal representative
1. A service provider that provides political advertising services in the Union but does not have an establishment in the Union shall designate, in writing, a natural or legal person as its legal representative in one of the Member States where that provider offers its services.
The designated legal representative shall register with the competent authority referred to in paragraph 4 in the Member State where it resides or it is established. For that purpose, service providers shall submit the name, postal address, email address and telephone number of their legal representative to that competent authority. The information submitted shall be accurate and in a machine-readable format and kept up to date.
2. The legal representative shall be responsible for ensuring compliance with the obligations under this Regulation and, without prejudice to the service provider’s liability and any legal proceedings that could be initiated against it, may be held liable for any non-compliance with the obligations under this Regulation. The legal representative shall be the addressee for all communications with the relevant service provider that are provided for in this Regulation. Any communication to that legal representative shall be deemed to be a communication to the represented service provider.
3. Service providers shall provide their legal representative with the necessary powers and sufficient resources to guarantee efficient and timely cooperation with the national competent authorities and, where relevant, the Commission, and to ensure compliance with their decisions.
4. Member States shall designate one national competent authority responsible for keeping publicly available and machine-readable online registers of all legal representatives registered on their territory under this Regulation. The national competent authority shall ensure that such information is easily accessible and that it is complete and regularly updated. Member States shall provide the links to the relevant websites to the Commission.
5. The Commission shall set up and maintain a publicly available portal linking to the websites provided by Member States pursuant to paragraph 4.
Competent authorities and contact points
1. The supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 or the European Data Protection Supervisor referred to in Article 52 of Regulation (EU) 2018/1725 shall be competent to monitor the application of Articles 18 and 19 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 Articles 18 and 19 of this Regulation.
2. The European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 shall, on its own initiative or at the request of the Commission, prepare guidelines for the purpose of assisting the supervisory authorities referred to in Regulation (EU) 2016/679 in assessing compliance with the requirements of this Regulation.
3. Member States shall designate competent authorities to supervise the compliance of providers of intermediary services within the meaning of Regulation (EU) 2022/2065 with the obligations laid down in Articles 7 to 17 and 21 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2022/2065 may also be one of the competent authorities designated to supervise the compliance of online intermediaries with the obligations laid down in Articles 7 to 17 and 21 of this Regulation. The Digital Services Coordinator referred to in Article 49 of Regulation (EU) 2022/2065 in each Member State shall be responsible for ensuring coordination at national level in respect of providers of ‘intermediary services’ as defined by Regulation (EU) 2022/2065. Articles 49, 58(1) to (4) and Article 60(1) of Regulation (EU) 2022/2065 shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services. Article 51 of Regulation (EU) 2022/2065 shall apply mutatis mutandis as regards the powers of the competent authorities designated under this paragraph.
4. Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 3 of this Article. Those competent authorities may be different from those referred to in paragraphs 1 and 3 of this Article and may be the same as those referred to in Article 30 of Directive 2010/13/EU. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. Acting with full independence, it shall, effectively monitor and take the measures necessary and proportionate to ensure supervision, compliance and enforcement of this Regulation.
5. The competent authorities referred to in paragraph 4, when performing their tasks in relation to this Regulation, shall have the power to:
(a)
request access to data, documents or any necessary information, in particular from the sponsor or the providers of political advertising services concerned, which the competent authorities are to use only for the purpose of monitoring and assessing compliance with this Regulation, in accordance with relevant legislation on the protection of personal data and the protection of confidential information;
(b)
issue warnings addressed to the providers of political advertising services regarding their non-compliance with the obligations under this Regulation;
(c)
order the cessation of infringements and require sponsors or providers of political advertising services to take the steps necessary to comply with this Regulation;
(d)
impose or request the imposition by a judicial authority of fines or financial penalties or other financial measures as appropriate;
(e)
where appropriate, impose a periodic penalty payment, or request a judicial authority in their Member State to do so;
(f)
where appropriate, impose remedies that are proportionate to the infringement and necessary to bring it effectively to an end or request a judicial authority in their Member State to do so;
(g)
publish a statement which identifies the legal and natural person(s) responsible for the infringement of an obligation laid down in this Regulation and the nature of that infringement;
(h)
carry out, or request a judicial authority to order or authorise, inspections of any premises that providers of political advertising services use for purposes related to their trade, business, craft or profession, or request other public authorities to do so, in order to examine, seize, take or obtain copies or extracts of information in any form, irrespective of the storage medium.
6. Member States shall ensure that national competent authorities have all means necessary to carry out their tasks under this Regulation, including sufficient technical, financial and human resources to adequately supervise compliance of sponsors and providers of political advertising services, within their competence under this Regulation.
7. Member States shall ensure that there is effective and structured cooperation and coordination at national level among all relevant authorities referred to in paragraphs 1 to 4, so as to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks and powers pursuant to this Regulation, including by notifying detected infringements which are relevant for other authorities, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.
8. The national contact points designated by Member States pursuant to the second subparagraph of paragraph 9 shall meet periodically at Union level in the network of national contact points. The network of national contact points shall serve as a platform for regular exchange of information, best practices and structured cooperation between national contact points and the Commission on all aspects of this Regulation. In particular, the network of national contact points shall facilitate the cooperation at Union level regarding the application and enforcement of this Regulation and shall facilitate the preparation, in cooperation with relevant stakeholders, of guidelines to support sponsors and providers of political advertising services to comply with the requirements of this Regulation. The network of national contact points shall meet at least twice a year and, where necessary, at the duly justified request of the Commission or a Member State. It shall work in close cooperation with the European Cooperation Network on Elections, European Regulators Group for Audiovisual Media Services and other relevant networks or bodies, to facilitate the swift and secured exchange of information on issues connected to the supervision and enforcement of this Regulation. The Commission shall take part in the meetings of the network of national contact points and provide administrative support.
9. Where a Member State designates more than one competent authority, it shall ensure that the respective tasks of those authorities are clearly defined and that they cooperate closely and effectively when performing their tasks.
Each Member State shall designate one competent authority as a national contact point at Union level for the purposes of all aspects of this Regulation.
National contact points shall support and facilitate effective cooperation between national competent authorities and with the national contact points of other Member States. Member States shall make publicly available the contact details of their national contact points. Member States concerned shall where relevant communicate the name of the other competent authorities and their respective tasks to the network of national contact points.
Cross-border cooperation
1. Compliance with this Regulation by providers of political advertising services and sponsors shall be subject to the competence of the Member State where the provider has its establishment. In the event that the provider is established in more than one Member State, it shall be deemed to be under the jurisdiction of the Member State in which it has its main establishment.
2. Without prejudice to Article 22(1) and (2) and paragraph 1 of this Article, the competent authority or authorities of all Member States shall cooperate with and assist each other as necessary.
3. A competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority, without undue delay and no later than one month after receiving the request, with assistance so that the supervision or enforcement measures referred to in Article 22(5) can be implemented in an effective, efficient and consistent manner. A competent authority shall, upon receipt of a reasoned request for information from the competent authority of another Member State, via the national contact points referred to in Article 22(9), provide that competent authority with the required information without undue delay and no later than 14 days after receiving the request. That deadline may be extended to one month in cases requiring additional investigation or information from multiple competent authorities.
4. Where a national competent authority of a Member State has reason to suspect that this Regulation has been infringed in its territory, it shall notify the competent authority of the main establishment of the provider and request it, where appropriate, to assess the matter and to take the necessary investigatory and enforcement measures referred to in paragraph 7.
5. A notification pursuant to paragraph 4 shall be substantiated, duly reasoned and proportionate and at least indicate:
(a)
the information allowing the identification of the sponsor or provider of political advertising services;
(b)
a description of the relevant facts, the relevant provisions of this Regulation and the reasons why the notifying competent authority suspects an infringement of this Regulation, including, as relevant, a description of the circumstances allowing the assessment of the criteria set out in Article 25(4);
(c)
information on where the relevant political advertisement or a copy of it can be retrieved;
(d)
any other information that the notifying competent authority considers relevant, including, where appropriate, information gathered on its own initiative.
6. Where the competent authority of main establishment does not have sufficient information to act upon a notification received pursuant to paragraph 4, it may request additional information from the competent authority that made the notification. When it receives such a request, the competent authority shall provide the requested information without undue delay.
The time period laid down in paragraph 7 shall be suspended until that additional information is provided.
7. The competent authority of main establishment shall, without undue delay and no later than one month following receipt of the notification referred to in paragraph 4 or, where applicable, of the information referred to in paragraph 6, communicate to the competent authority that made the notification and to the network of national contact points its assessment of the suspected infringement and information on the investigatory or enforcement measures taken, or intended to be taken, in order to ensure compliance with this Regulation.
8. Where the investigation of an alleged infringement concerns the provision of political advertising services in one or more Member States in which the provider of political advertising services does not have its main establishment, the competent authority of main establishment may launch and lead a joint investigation with the participation of the competent authority or authorities of those Member States:
(a)
on its own initiative and after obtaining the agreement of the competent authority or authorities requested; or
(b)
following a request by another competent authority, or authorities, based on its reasonable suspicion that the political advertising services performed by the provider of political advertising services established in the Member State of the main establishment has infringed this Regulation or substantially affected individuals in the territory of the competent authority or authorities making the request.
9. For the purposes of paragraph 8 the competent authority requesting the launch of a joint investigation shall provide the other competent authority or authorities with the information referred to in paragraph 5. If a competent authority decides not to participate in a joint investigation, it shall provide to the other competent authority or authorities with a reasoned explanation to that effect.
10. In carrying out a joint investigation, competent authorities shall cooperate in good faith, and exercise their investigative powers as necessary for the investigation of the alleged infringement. Competent authorities carrying out a joint investigation shall inform each other of any relevant enforcement measure which they initiate or intend to initiate.
Right to lodge a complaint
Without prejudice to other administrative procedures or judicial remedies, competent authorities shall duly address every notification of possible infringements of this Regulation and, upon request, inform the person or entity who made the notification of the follow up. During the last month preceding elections or referendums, any notification received in relation to those elections or referendums shall be addressed without undue delay.
Competent authorities shall without undue delay transmit complaints that fall within the competence of another competent authority in another Member State to that competent authority.
Sanctions
1. Member States shall lay down rules on sanctions or other measures as needed applicable to sponsors or providers of political advertising services for infringements of Articles 5 to 17, 20 and 21 and shall take all measures necessary to ensure that they are implemented in a timely manner.
The sanctions provided for shall be effective, proportionate and dissuasive. In setting out the rules on sanctions, Member States shall take into account the rules governing the freedom of the press and freedom of expression in other media and the rules or codes governing the journalist profession.
2. The maximum amount of the financial penalties that may be imposed shall be based on the economic capacity of the entity subject to sanctions, which shall be:
(a)
6 % of the annual income or budget of the sponsor or of the provider of political advertising services as applicable and whichever is the highest; or
(b)
6 % of the annual worldwide turnover of the sponsor or the provider of political advertising services in the preceding financial year.
3. Member States shall, by 10 January 2026, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendments affecting them.
4. When deciding on the type of sanction and its level, due regard shall be given in each individual case, among others, to the following:
(a)
the nature, gravity, recurrence and duration of the infringement;
(b)
the intentional or negligent character of the infringement;
(c)
any action taken to mitigate any damage;
(d)
any relevant previous infringements and any other aggravating or mitigating factor applicable to the circumstances of the case;
(e)
the degree of cooperation with the competent authority; and
(f)
the size and economic capacity of the entity subject to sanctions, where applicable.
5. Infringements of Articles 5, 7, 11, 12, 13, 15, 16 and 18 shall be considered to be particularly serious where they concern political advertising published or disseminated during the last month preceding an election or referendum and are directed to citizens in the Member State in which the relevant election or referendum is being organised. Member States may also impose periodic penalty payments to compel sponsors, providers of political advertising services and political advertising publishers to put an end to a serious and repeated infringement of this Regulation.
6. For infringements of the obligations laid down in Articles 18 and 19 of this Regulation, the supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679 may within their competence impose fines in line with Article 83 of Regulation (EU) 2016/679 and up to the amount referred to in Article 83(5) of that Regulation.
7. For infringements of the obligations laid down in Articles 18 and 19 of this Regulation, the European Data Protection Supervisor referred to in Article 52 of Regulation (EU) 2018/1725 may impose within its competence fines in line with Article 66 of Regulation (EU) 2018/1725 up to the amount referred to in Article 66 (3) of that Regulation.
8. Member States shall report annually to the Commission on the sanctions imposed to enforce the provisions of this Regulation, in particular on the type of sanctions applied and the amount of the fines and financial penalties. The Commission shall take into account this information when drawing up the report required under Article 27.
Publication of dates of elections and referendums
1. Member States shall publish the dates of their elections and referendums and, where applicable, of their electoral periods, in an easily accessible place, and with an appropriate reference to this Regulation.
2. The Commission shall provide a portal through which Member States shall provide, immediately after announcement, the dates of their elections, referendums and where applicable their electoral periods. The portal shall be publicly available.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
