- As of 10.10.2025, all political advertisements must be marked and disclosed to sponsors and sources of funding.
- Targeting recipients requires explicit consent and cannot usage delicate data.
- In Poland, the president of UODO supervises the application of regulations in the field of online political advertising.
Purpose and scope of Regulation 2024/900
The aim of Regulation (EU) 2024/900 of the European Parliament and of the Council of 13.4.2024 on transparency and targeting of political advertising (OJ L 2024, p. 900) is to guarantee transparency in political communication, reduce misinformation and increase the resilience of associate States' democratic systems to manipulation, in peculiar from outside the European Union.
The rules apply to all forms of political advertising – both onlineand offline – if they are distributed within the European Union or addressed to its citizens. The location of the sponsor or the location of the server is irrelevant – the scope of advertising is decisive.
Political advertising – a fresh EU concept
Regulation 2024/900 introduces for the first time the definition of "political reclamation" in EU law. Any communication, prepared, published or distributed shall be deemed to be specified as:
- is implemented by, or on behalf of, a political entity,
- or to influence the result of elections, referendums, legislative process or the behaviour of citizens' elections.
This scope besides covers paid content published by individuals or entities carrying out communication activities on social media, political communication agencies, analytical companies and data brokers. Regulation 2024/900 excludes only the alleged indirect services (e.g. passive retention of non-remunerated content) referred to in the Digital Services Act (DSA).
New obligations for marketplace participants
Regulation 2024/900 differentiates obligations according to the function of the entity.
Key categories include:
- Political advertising service providers – preparing or operating campaigns,
- Publishers of political advertising – publishing ads in any medium,
- Sponsors – ordering and financing advertising,
- Personal data controllers – utilizing targeting techniques.
Any entity active in the creation, publication or distribution of political advertising must now establish its function and adapt processes to fresh requirements, including the improvement of appropriate models of agreements, registers and transparency notices.
Mandatory advertising and disclosure of sponsors
From 10.10.2025, any political advertising must be clearly marked.
Under Regulation 2024/900, advertising:
- must contain information that it is simply a political advertising,
- must indicate the sponsor's data and, if applicable, the controlling entity,
- should mention to circumstantial choices, referendums or legislative processes,
- where targetting is used, supply clear information,
- should include a transparency announcement (transparency notice) or a link to its content.
The announcement must include sponsor data, sources of backing (public, private, national, foreign), expenditure amount, emanation period and advertising coverage data.
Publishers are required to plan interfaces allowing users to easy access this information.
Registers and European Repository of Political Advertising
The providers of political advertising services shall keep records of:
- advertising and campaigns covered by the service,
- the kind of service provided,
- the level of remuneration and backing sources,
- sponsor data and links to electoral or legislative processes.
On the another hand, publishers of political advertising are required to share material in the European Repository of Political Advertising. The repository shall be launched in accordance with the implementing acts of the European Commission; information, including transparency notices, must be publically available and kept for 7 years after the last publication of the advertisement.
The Repository is intended to enable citizens, journalists and supervisory authorities to analyse the expenditure and sources of run backing across the Union.
Targeting under peculiar supervision
The fresh government importantly limits the anticipation of targeting political advertising.
In accordance with Article 18 of Regulation 2024/900:
- the usage of individual data for targeting requires the explicit, separate consent of the data subject,
- data must be obtained straight from the person,
- the usage of circumstantial categories of individual data (e.g. on political views, religion, health) is prohibited,
- advertising to persons who have not reached the voting age for at least 1 year,
- Targeting based on inferred or anticipated behaviour may not be used.
Targeters must adopt interior policies describing the methods and data utilized for this purpose, keep records and annually measure the risks to the rights of data subjects (Article 19).
Restrictions for abroad sponsors
During the 3 months preceding the election or referendum, political advertising services may be provided only for:
- citizens of the Union,
- third-country nationals residing in the EU with electoral rights,
- legal persons established in the EU who are not controlled by 3rd country entities.
This simplification is intended to prevent abroad interference in democratic processes in the associate States. These solutions are part of a wider ban on 3rd countries' interference in electoral processes, highlighted in the materials of the EU institutions and by the UODO.
Surveillance in Poland and the Union
In Poland, the authority liable for supervising compliance with the rules of targeting and processing data in online political advertising is the president of the Office for individual Data Protection. another aspects, specified as advertising marking or publishing obligations, may be entrusted to the competent authority in digital services, in accordance with the national law implementing Regulation 2024/900. National rules on this surveillance have not yet been adopted in full; the Ministry of Digitalism is working on its project.
The European Commission, the European Data Protection Board and the national authorities cooperating in the framework of the common information exchange mechanics shall guarantee the application of the rules at Union level.
Practical relevance
Since 10.10.2025, political advertising in the European Union has become an area covered by a full transparency and accountability regime.
Political campaigners, including parties, PR agencies, digital platforms and those publishing paid political content on social media, must guarantee compliance with the fresh requirements. In particular, it is essential to:
- developing procedures for the designation and publication of transparency notices,
- implementation of records and material archiving systems,
- adaptation of data processing processes to GDPR and Regulation 2024/900.
Violation of regulations may consequence in severe financial and reputational sanctions, as well as a halt to advertising campaigns.
