2.4. Proposal on Political Targeted Advertising and Profiling

In November 2021, the European Commission released a new proposal for a regulation focusing on political advertising, transparency and targeting, with the aim of establishing harmonised transparency measures to bring uniformity to the diverse regulations adopted in the Member States, enhance trust in the political debate and the integrity of the political debate. The proposal complements the regime set by the DSA proposal for commercial advertising and applies in compliance with the rules set in the General Data Protection Regulation (GDPR).

Briefly, the proposed regulation sets forth the following:
– Setting up transparency obligations for political advertising services
– Introducing specific requirements for targeting and amplification techniques related to political advertising, while also banning political advertising based on sensitive personal data. This requirement comes with an exception on including data subject’s explicit consent
– Specific schemes should be put in place to ensure that data subjects can effectively exercise their GDPR rights
– Data access provisions are also put in place for competent authorities exercising their supervisory tasks

Lidia Dutkiewicz, Emine Ozge Yildirim, Noémie Krack from KU Leuven
Lucile Sassatelli from Université Côte d’Azur