Templates for labels and transparency notices of political advertisements
ANNEX IISupplementary provisions
ANNEX II Templates for labels and transparency notices of political advertisements 1. Template for visual labels 1 POLITICAL ADVERTISEMENT 2 (using targeting and/or ad-delivery based on PERSONAL DATA) 3 • The sponsor is [either (a) BUSINESS NAME of the legal entity, or (b) NAME AND SURNAME of the natural person] 4 • (The sponsor is controlled by [either (a) business name of the legal entity or (b) name and surname of the natural person]) 5 • (The advertisement is linked to [title and date of the election(s)] or [name of the legislative or regulatory initiative]) 6 More information at [ webpage link ] 7 Notes 1. The use of a rectangular black box to border the information in the label is optional. Bullet points may be replaced by other list markers. The use of bold text and/or capital letters is encouraged, particularly as regards the statement indicating that the advertisement is a political advertisement, the information on the use of targeting and/or ad-delivery based on personal data, the name of the sponsor and the reference to the webpage link. 2. The statement indicating that the advertisement is a political advertisement is mandatory. Similar wording may be used. 3. The provision of information on the use of targeting and/or ad-delivery based on personal data is mandatory where applicable. Similar wording may be used. 4. The provision of information on the name of the sponsor is mandatory. Instead of ‘the sponsor is’, similar wording may be used to indicate the person at whose request or on whose behalf the political advertisement is published, delivered or disseminated. The order of the first name and the surname of the natural person is discretionary. The information on the name of the sponsor may be accompanied by the political logo of the sponsor, such as a political party logo or an election symbol. 5. The provision of information on the name of the controlling entity is mandatory where another entity exercises decisive influence on the composition, voting or decisions of the organs of the sponsor. 6. The provision of information on the link of the political advertisement to an election or a legislative or regulatory initiative is mandatory where there is a clear and substantial link to an election or a legislative or regulatory initiative. The title of the election may be indicated by reference to the category of authorities being elected (e.g. ‘parliamentary elections’) or to a specific type (e.g. ‘constitutional referendum’). The title of the legislative or regulatory initiative may be shortened. 7. The webpage link shall be provided where the transparency notice is not part of the label. Alternatively, QR codes or equivalent user-friendly technical measures to directly retrieve the transparency notice may be used. Where a webpage link is provided in an online label, the link text shall be in bold letters or a different colour from that of the other text of the label and be described as ‘Transparency notice’. 2. Template for audio labels This is a political advertisement 1 (which uses targeting and/or ad delivery techniques based on personal data 2 ). The sponsor is [either (a) business name of the legal entity or (b) name and surname of the natural person] 3 . (The sponsor is controlled by [either (a) business name of the legal entity or (b) name and surname of the natural person]) 4 . (The advertisement is linked to [the name and date of the election] or [name of the initiative.]) 5 . More information at [webpage link] 6 . Notes 1. The statement indicating that the advertisement is a political advertisement is mandatory. 2. The provision of information on the use of targeting and/or ad-delivery based on personal data is mandatory where applicable. Similar wording may be used. 3. The provision of information on the name of the sponsor is mandatory. Instead of ‘the sponsor is’, similar wording may be used to indicate the person at whose request or on whose behalf the political advertisement is published, delivered or disseminated. The order of the first name and the surname of the natural person is discretionary. 4. The provision of information on the name of the controlling entity is mandatory where another entity exercises decisive influence on the composition, voting or decisions of the organs of the sponsor. 5. The provision of information on the link of the political advertisement to an election or a legislative or regulatory initiative is mandatory where there is a clear and substantial link to an election or a legislative or regulatory initiative. The title of the election may be indicated by reference to the category of authorities being elected (e.g. ‘parliamentary elections’) or to a specific type (e.g. ‘constitutional referendum’). The title of the legislative or regulatory initiative may be shortened. 6. The webpage link should be short. 3. Template for transparency notices TRANSPARENCY NOTICE 1. The sponsor: [either (a) Business NAME and, where different, the legal NAME, email address, postal address, and, where different, the place of establishment, and, where applicable, the relevant registration number of the legal entity or political campaign organisation without legal personality or (b) NAME and SURNAME, email address, and postal address, where made public, of the natural person.] 1 2. The entity ultimately controlling the sponsor: [either (a) Business NAME and, where different, the legal NAME, email address, postal address, and, where different, the place of establishment of the legal entity or (b) NAME and SURNAME, email address, and postal address, where made public, of the natural person.] 2 3. The entity paying for the political advertisement: [either (a) Business NAME and, where different, the legal NAME, email address, postal address, and, where different, the place of establishment of the legal entity or (b) NAME and SURNAME, email address, and postal address, where made public, of the natural person.] 3 4. The period during which the political advertisement is intended to be published, delivered or disseminated: [From start date to end date.] 4 5. The aggregated amounts and the aggregated value of other benefits received by the providers of political advertising services for the political advertisement: [Total figure and currency.] 5 6. The aggregated amounts and the aggregated value of other benefits received by the providers of political advertising services for the political advertising campaign: [Total figure and currency.] 6 7. Information on the origin of the amounts and other benefits received by the providers of political advertising services: [Public and/or private and EU and/or non-EU.] 7 8. The methodology used for the calculation of the aggregated amounts and the aggregated value of other benefits received by the providers of political advertising services for the political advertisement, and where applicable, the political advertising campaign: [How the amounts and the in-kind benefits received by each relevant service provider were identified and aggregated.] 8 9. The political advertisement is linked to: [title, level and date of the election] or [title of the initiative and the level of the legislative or regulatory process.] 9 10. [Webpage link(s) on official information about the modalities for participation in the election or referendum linked to the political advertisement.] 10 11. [Links to the European repository for online political advertisements.] 11 12. How to notify possibly non-compliant political advertisements: [Information on the mechanism for notifying possibly non-compliant political advertisements laid down in Article 15(1) of Regulation (EU) 2024/900.] 12 13. [A previous publication of the political advertisement or of an earlier version of it has been suspended or discontinued due to an infringement of Regulation (EU) 2024/900.] 13 USE OF TARGETING and/or AD-DELIVERY TECHNIQUES based on the processing of personal data 14. [The political advertisement has been subject to targeting techniques and/or ad-delivery techniques based on the use of personal data.] 14 15. Information about the targeting and/or ad-delivery techniques used 15 : (a) Analytical techniques used: [short description] (b) The specific group(s) of recipients targeted, including the parameters used to determine the recipients to whom the political advertisement is disseminated: [list] (c) The categories of personal data used for the targeting techniques or ad-delivery techniques: [list] (d) The targeting goals, mechanisms and logic including the inclusion and exclusion parameters, and the reasons for choosing those parameters:[short description] (e) Information on the use of artificial intelligence systems in the targeting or ad delivery of the political advertising: [short description] (f) Period of dissemination of the political advertisement: [start date and end date] (g) Number of views of the political advertisement: [total number] (h) Number of engagements with the political advertisement in terms of clicks, likes and comments: [total number] (i) Internal policy describing how targeting and ad-delivery techniques are used: [link or URL] (j) Other relevant information: [short description] 16. Effective means supporting individuals to exercise their data protection rights under Regulation (EU) 2016/679 of the European Parliament and of the Council ( 1 ) (General Data Protection Regulation), including the right to amend their personal data and withdraw consent to process their personal data for political advertising purposes 16 : (a) The identity and contact details of the controller(s): [either (a) business NAME and, where different, the legal NAME, email address, postal address, and, where different, the place of establishment of the legal entity or (b) NAME and SURNAME, email address, and, where made public, postal address of the natural person.] (b) Reference to the right to withdraw consent to process personal data for political advertising purposes: [webpage link to interface of the controller providing for easy and user-friendly possibility to withdraw the consent for political advertising] (c) Link to interface allowing the exercise of rights under Regulation (EU) 2016/679: [webpage link] (d) Link to information provided pursuant to Regulation (EU) 2016/679: [webpage link]. Notes 1. The information on the place of establishment and the postal address shall include the street, the number, the city, the postal code, and the country. The relevant registration number refers to registration numbers assigned to the sponsor in an electoral or decision-making context, such as in the case of a political party registered to participate in elections or an entity registered as an interest representative or provider of interest representation activities. 2. Information to be provided only where another entity exercises decisive influence on the composition, voting or decisions of the organs of the sponsor. 3. Information to be provided only where the natural or legal person that provides remuneration in exchange for the political advertisement is different from the sponsor or the entity ultimately controlling the sponsor. 4. The start date and the end date shall be expressed as calendar days. 5. The total figure shall include the amounts invoiced, budgeted or charged by the providers of political advertising services, including the publisher, in exchange for the political advertising services they provided for the political advertisement concerned. Where applicable, it shall also include the monetary value of all the benefits in kind received and/or to be received by the providers of political advertising services, including the publisher, in exchange for the political advertising services they provided for the political advertisement concerned. 6. Information to be provided where applicable. The total figure shall include all the amounts invoiced, budgeted or charged by the providers of political advertising services, including the publisher, for the series of linked political advertisements, which include the political advertisement concerned. Where applicable, it shall also include the monetary value of all the benefits in kind received and/or to be received by the providers of political advertising services, including the publisher, for the political advertising campaign, which includes the political advertisement concerned. 7. Information to be provided as relevant. 8. Information clarifying if the total figure in point 5 and, where applicable, point 6 reflects invoiced, budgeted and/or charged amounts and if it includes value added tax. In the case of benefits in kind it shall indicate the valuation method(s) used. In the latter case, it may provide webpage link(s) to existing standards. 9. Information to be provided only where there is a clear and substantial link to an election or a legislative or regulatory initiative. The title of the election may be indicated by reference to the category of authorities being elected (e.g. ‘parliamentary elections’) or to a specific type (e.g. ‘constitutional referendum’). The title of the legislative or regulatory initiative may be shortened. The level shall be indicated as applicable by reference to the EU, national, regional or local level, including by mentioning the relevant Member State(s) and/or territories. 10. Where the transparency notice is provided online, the webpage link(s) shall be described as ‘Official information about the modalities for participation in the election linked to the political advertisement’. 11. Information to be provided for transparency notices accompanying online political advertisements published, delivered or disseminated starting with the date of the establishment of the European Repository for online political advertisements. Where the transparency notice is provided online, the webpage link shall be described as ‘Link to the European Repository for online political advertisements’. 12. The information on the mechanism for notifying possibly non-compliant political advertisements may also be provided as a webpage link. Where the transparency notice is provided online, the webpage link shall be described as ‘Notify possibly non-compliant political advertisements’. 13. Information to be provided as relevant and where applicable. 14. Information to be provided only in the case of online political advertisements using targeting and/or ad-delivery techniques based on the processing of personal data. 15. Information to be provided only in the case of online political advertisements using targeting and/or ad-delivery techniques based on the processing of personal data. The reach of the political advertisement in terms of views, clicks, likes and comments shall be provided where technically feasible. 16. Information to be provided only in the case of online political advertisements using targeting and/or ad-delivery techniques based on the processing of personal data. Where applicable, the references to Regulation (EU) 2016/679 shall be replaced with references to Regulation (EU) 2018/1725. ( 1 ) Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ( OJ L 119, 4.5.2016, p. 1 , ELI: http://data.europa.eu/eli/reg/2016/679/oj ).