FantasticSearch

1. The supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 or the European Data Protection Supervisor referred to in Article 52 of Regulation (EU) 2018/1725 shall be competent to monitor the application of Articles 18 and 19 of this Regulation in their respective field of competence. Article 58 of Regulation (EU) 2016/679 and Article 58 of Regulation (EU) 2018/1725 shall apply mutatis mutandis. Chapter VII of Regulation (EU) 2016/679 shall apply for activities covered by Articles 18 and 19 of this Regulation.

2. The European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 shall, on its own initiative or at the request of the Commission, prepare guidelines for the purpose of assisting the supervisory authorities referred to in Regulation (EU) 2016/679 in assessing compliance with the requirements of this Regulation.

3. Member States shall designate competent authorities to supervise the compliance of providers of intermediary services within the meaning of Regulation (EU) 2022/2065 with the obligations laid down in Articles 7 to 17 and 21 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2022/2065 may also be one of the competent authorities designated to supervise the compliance of online intermediaries with the obligations laid down in Articles 7 to 17 and 21 of this Regulation. The Digital Services Coordinator referred to in Article 49 of Regulation (EU) 2022/2065 in each Member State shall be responsible for ensuring coordination at national level in respect of providers of ‘intermediary services’ as defined by Regulation (EU) 2022/2065. Articles 49, 58(1) to (4) and Article 60(1) of Regulation (EU) 2022/2065 shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services. Article 51 of Regulation (EU) 2022/2065 shall apply mutatis mutandis as regards the powers of the competent authorities designated under this paragraph.

4. Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 3 of this Article. Those competent authorities may be different from those referred to in paragraphs 1 and 3 of this Article and may be the same as those referred to in Article 30 of Directive 2010/13/EU. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. Acting with full independence, it shall, effectively monitor and take the measures necessary and proportionate to ensure supervision, compliance and enforcement of this Regulation.

5. The competent authorities referred to in paragraph 4, when performing their tasks in relation to this Regulation, shall have the power to:

(a) request access to data, documents or any necessary information, in particular from the sponsor or the providers of political advertising services concerned, which the competent authorities are to use only for the purpose of monitoring and assessing compliance with this Regulation, in accordance with relevant legislation on the protection of personal data and the protection of confidential information;

(b) issue warnings addressed to the providers of political advertising services regarding their non-compliance with the obligations under this Regulation;

(c) order the cessation of infringements and require sponsors or providers of political advertising services to take the steps necessary to comply with this Regulation;

(d) impose or request the imposition by a judicial authority of fines or financial penalties or other financial measures as appropriate;

(e) where appropriate, impose a periodic penalty payment, or request a judicial authority in their Member State to do so;

(f) where appropriate, impose remedies that are proportionate to the infringement and necessary to bring it effectively to an end or request a judicial authority in their Member State to do so;

(g) publish a statement which identifies the legal and natural person(s) responsible for the infringement of an obligation laid down in this Regulation and the nature of that infringement;

(h) carry out, or request a judicial authority to order or authorise, inspections of any premises that providers of political advertising services use for purposes related to their trade, business, craft or profession, or request other public authorities to do so, in order to examine, seize, take or obtain copies or extracts of information in any form, irrespective of the storage medium.

6. Member States shall ensure that national competent authorities have all means necessary to carry out their tasks under this Regulation, including sufficient technical, financial and human resources to adequately supervise compliance of sponsors and providers of political advertising services, within their competence under this Regulation.

7. Member States shall ensure that there is effective and structured cooperation and coordination at national level among all relevant authorities referred to in paragraphs 1 to 4, so as to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks and powers pursuant to this Regulation, including by notifying detected infringements which are relevant for other authorities, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.

8. The national contact points designated by Member States pursuant to the second subparagraph of paragraph 9 shall meet periodically at Union level in the network of national contact points. The network of national contact points shall serve as a platform for regular exchange of information, best practices and structured cooperation between national contact points and the Commission on all aspects of this Regulation. In particular, the network of national contact points shall facilitate the cooperation at Union level regarding the application and enforcement of this Regulation and shall facilitate the preparation, in cooperation with relevant stakeholders, of guidelines to support sponsors and providers of political advertising services to comply with the requirements of this Regulation. The network of national contact points shall meet at least twice a year and, where necessary, at the duly justified request of the Commission or a Member State. It shall work in close cooperation with the European Cooperation Network on Elections, European Regulators Group for Audiovisual Media Services and other relevant networks or bodies, to facilitate the swift and secured exchange of information on issues connected to the supervision and enforcement of this Regulation. The Commission shall take part in the meetings of the network of national contact points and provide administrative support.

9. Where a Member State designates more than one competent authority, it shall ensure that the respective tasks of those authorities are clearly defined and that they cooperate closely and effectively when performing their tasks. Each Member State shall designate one competent authority as a national contact point at Union level for the purposes of all aspects of this Regulation. National contact points shall support and facilitate effective cooperation between national competent authorities and with the national contact points of other Member States. Member States shall make publicly available the contact details of their national contact points. Member States concerned shall where relevant communicate the name of the other competent authorities and their respective tasks to the network of national contact points.