More transparency, more responsibility: The new EU Regulation 2024/900 and its consequences for political advertising

With Regulation (EU) 2024/900 on the transparency and targeting of political advertising (hereinafter "TTPW Regulation"), the European Union is setting new standards for the regulation of political advertising. The aim of the TTPW Regulation is to make political advertising and its targeted delivery – known as targeting – more transparent and comprehensible. In future, citizens should be able to more easily recognize when a political advertisement is being presented to them, who is behind it, and why it is being shown to them. This is the EU's response to growing concerns about information manipulation and political influence, particularly from abroad.

The new regulations came into force on October 10, 2025. They entail far-reaching labeling and documentation requirements, particularly for advertising service providers, publishers, and platform operators. In the future, political advertising must be clearly labeled as such and its placement must be comprehensively documented. The following article provides an overview of the new requirements and their practical implications.

I. Scope of application – What is political advertising within the meaning of the regulation?

The TTPW Regulation applies to political advertising that is disseminated in the European Union, published in one or more member states, or specifically targeted at EU citizens. It does not matter where the provider or client of the advertising is based, nor which medium is used. The only decisive factor is that the advertisement is visible within the EU or is targeted at EU citizens.

However, not every political statement falls under the regulation. Content is only considered political advertising if a third party makes a payment or other remuneration for its preparation, placement, promotion, publication, delivery, or distribution, or in connection with it. In addition, the content must originate from political actors such as parties, candidates, or interest groups, or be published on their behalf, or aim to influence elections, referendums, or legislative procedures at EU, national, regional, or local level. However, expressions of opinion by or for political actors that are purely private or purely commercial in nature, as well as communications from official sources of the Member States or the Union that relate exclusively to the organization and participation in elections or referendums, are not considered political advertising. Public communication by authorities is also not covered, provided that it provides neutral information and is not aimed at exerting political influence. Finally, legally required, free presentations of candidates in the media or public spaces are also not considered political advertising, provided that they are carried out in a manner that ensures equal treatment of all participants.

II. Who is affected and what obligations must be fulfilled?

The TTPW Regulation introduces new obligations for various actors involved in the creation, publication, and distribution of political advertising. Those affected include, in particular:

1. Sponsors (clients)

Sponsors are natural or legal persons on whose behalf or in whose name political advertisements are prepared, placed, promoted, published, delivered, or distributed. Sponsors within the meaning of the TTPW Regulation include, for example, political parties and candidates.

Sponsors must disclose to advertising providers whether the advertising constitutes political advertising within the meaning of the regulation. They are obliged to provide all relevant information necessary to comply with transparency requirements (e. g., the identity of the sponsor, financing, target groups, purpose of the advertisement) and must immediately correct and communicate any changes or errors in the information provided.

2. Providers of political advertising services

Providers of political advertising services are natural or legal persons who provide political advertising services, unless these are purely ancillary services. This includes, for example, communications/advertising agencies and political consultants.

Providers of political advertising services must obtain the necessary declarations and information from sponsors and check this information for obvious errors. They are then obliged to pass on the correct information to the publishers of political advertising. In addition, providers of political advertising are subject to retention obligations with regard to the information collected.

3. Publishers of political advertising

Publishers of political advertising are providers of political advertising services who publish, deliver, or distribute political advertising via any medium, e.g., TV, radio, newspaper publishers, online platforms.

Publishers are subject to extensive obligations. In particular, they are subject to comprehensive labeling requirements for political advertisements, which, regardless of the publication medium, stipulate that certain mandatory information must be clearly, unambiguously, and visibly displayed directly on the political advertisement. In addition, publishers are required to publish further information about the political advertisement in a so-called transparency notice, which does not necessarily have to be provided directly on the advertisement itself, but can also be made available via easily accessible links or QR codes. The European Commission has provided for the format of the labels and transparency notices as well as a template in Implementing Regulation (EU) 2025/1410.

Publishers are also subject to retention obligations, official information requirements, and the obligation to provide a suitable reporting procedure for potentially inadmissible political advertisements. In future, political online advertising and the associated mandatory information must also be posted in a European online archive no later than 72 hours after the first publication (unless it is a very large online platform or a very large online search engine). However, the online archive is currently still under construction.

4. Political advertising shortly before an election or referendum

Another special provision that applies to all parties concerned is that in the last three months before an election or referendum, political advertising services in connection with that election or referendum may only be provided to a sponsor or a service provider acting on behalf of a sponsor who has a Union connection within the meaning of the TTPW and is not owned or controlled by a third-country national without such a Union connection.

III. What rules apply to targeting in online political advertising?

Targeting and ad placement methods based on the processing of personal data are often used in connection with political advertising. The aim is to display ads with tailored content to specific individuals or groups. The TTPW Regulation sets clear limits here and links the use of targeting methods in political advertising to comprehensive transparency and documentation requirements in the future.

According to the TTPW Regulation, targeting may only be used if:

• the data used has been collected directly from the data subject,
• express consent has been given for use for political advertising,
• no profiling with sensitive data (such as political opinion, religious or philosophical beliefs, or health).

It is also prohibited to target political advertising at individuals who are not expected to be eligible to vote at the time of the election.

Anyone who uses targeting in political advertising must fulfill comprehensive obligations in addition to the above-mentioned obligations. In particular, the TTPW Regulation provides for the creation, implementation, and public disclosure of an internal policy on the use of targeting methods, as well as a seven-year retention obligation for documentation. In addition, logs must be kept of the mechanisms and parameters used, and additional information must be provided that is necessary for the data subject to understand the underlying logic and the most important parameters of the methods used, e. g., target groups and selection criteria, data categories used, AI systems used, time period, and reach of the advertisement. Once a year, a risk assessment of the use of targeting and ad placement methods in relation to fundamental rights and freedoms must be carried out. The results must be made publicly available. In addition, data subjects must be informed of their rights under the GDPR.

IV. What penalties are imposed for violations of the regulation?

The specific penalties for violations of the TTPW Regulation are to be determined by the individual EU member states. In Germany, the current draft bill for a law to implement the TTPW Regulation (Political Advertising Transparency Act) provides for fines to be imposed for negligent or intentional violations. Depending on the case, the maximum amount is up to €30,000, or up to €300,000 for serious violations, or alternatively up to six percent of global annual turnover for legal entities above a certain total turnover (depending on the violation, from more than €5 million or more than €500,000).

In addition, warnings from competitors under the UWG (Unfair Competition Act) by consumer protection organizations are conceivable, for example under the Injunctive Relief Act. Political parties could also take legal action against violations under certain circumstances – for example, with the argument that illegal advertising violated equal opportunities in political competition.

V. Practical implications and conclusion

Since October 10, 2025, the TTPW Regulation has imposed far-reaching obligations on all parties involved in the creation, publication, or distribution of political advertising.

In the future, advertising service providers, publishers, and platform operators must ensure – depending on their respective roles under the TTPW Regulation – that they obtain all necessary information and declarations from sponsors in a timely and complete manner. It is therefore advisable to use a legally reviewed questionnaire and to clearly regulate responsibility for the completeness and accuracy of the information provided by means of a contractual indemnification declaration. Transparency information and declarations must also be carefully documented and retained.

Since October 10, 2025, all political advertising must be labeled as such in accordance with the provisions of the European Commission's implementing regulation and must contain the necessary mandatory information. Publishers of political advertising should also be prepared to provide authorities with information on payments or services received in connection with the publication, delivery, or distribution of political advertising in the future.

In addition to all this, the additional regulations for political advertising in the last three months before elections or referendums and the strict requirements for the use of targeting methods must not be overlooked.

While the TTPW Regulation promises greater transparency for citizens, for the parties concerned it primarily brings new responsibilities – and a considerable organizational effort.

This article was created in collaboration with our research assistant Selina König.