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Additional transparency requirements related to targeting techniques and ad-delivery techniques in the context of online political advertising

1. When using targeting techniques or ad-delivery techniques in the context of online political advertising involving the processing of personal data, controllers shall, in addition to other requirements laid down in this Regulation and to the requirements laid down in Regulations (EU) 2016/679 and (EU) 2018/1725, comply with the following requirements:

(a) adopt, implement and make publicly available an internal policy describing clearly and in plain language how such techniques are used, and retain such policy for a period of seven years from the last use of those techniques;

(b) keep records on the use of such techniques, the relevant mechanisms and parameters used;

(c) provide, together with the indication that it is a political advertisement, additional information necessary to allow the individual concerned to understand the logic involved and the main parameters of the techniques used, including whether an artificial intelligence system has been used to target or deliver the political advertisement and any additional analytical techniques, and including the following elements:

(i) the specific groups of recipients targeted, including the parameters used to determine the recipients to whom the advertising is disseminated;

(ii) the categories of personal data used for the targeting techniques or ad-delivery techniques;

(iii) the targeting goals, mechanisms and logic including the inclusion and exclusion parameters, and the reasons for choosing those parameters;

(iv) meaningful information on the use of artificial intelligence systems in the targeting or ad delivery of the political advertising;

(v) the period of dissemination of the political advertisement and the number of individuals to whom the political advertisement is disseminated;

(vi) a link to or a clear indication of where the policy referred to in point (a) can be easily retrieved;

(d) prepare an internal annual risk assessment of the use of targeting techniques or ad-delivery techniques on the fundamental rights and freedoms, the results of which are to be made publicly available;

(e) provide, together with the political advertisement unless it is included in the transparency notice required under Article 12(1) of this Regulation, a reference to effective means to support individuals exercise their rights under Regulations (EU) 2016/679 or (EU) 2018/1725, as applicable, in particular, a reference to individuals’ rights to amend personal data or withdraw consent as applicable, which is to include a link to an interface allowing for the exercise of such rights.

2. Where the controller is different from the political advertising publisher, the controller shall ensure that the information referred to in paragraph 1, points (c) and (e), is communicated to the political advertising publisher to enable the political advertising publisher to comply with its obligations under this Regulation. The information shall be transmitted in a timely and accurate manner, in accordance with best practice and industry standards by means of a standardised automated process, where that is technically possible.

3. Providers of political advertising services shall, as necessary, transmit to the controllers the information necessary to comply with paragraphs 1 and 2.

4. Information to be provided in accordance with paragraph 1, points (c) and (e), and paragraphs 2 and 3 shall be presented in a format that is easily accessible and, where technically feasible, that is also machine-readable, clearly visible and user-friendly, including through the use of plain language.

5. The Commission is empowered to adopt delegated acts in accordance with Article 28 to amend this Regulation by adding points to the list of points in paragraph 1 of this Article in the light of technological developments, market practices, relevant scientific research, and developments in supervision by competent authorities and relevant guidance issued by competent bodies.