Cambridge Analytica, Russian influence campaigns, and platforms’ increasingly accurate methods of controlling political messages have taught us one thing: political advertising must be transparent. Transparency requirements are now being tightened – political advertising must be clearly recognizable, and it must be clear who is behind it and what interests are financing it. Under the EU’s new rules, political advertising will in practice be subject to the same type of transparency requirements as commercial advertising.
On October 25 last year, the EU Regulation on political advertising (Transparency and targeting of political advertising – TTPA) came into force. The rules apply not only in connection with elections, but as soon as a message that can be considered political advertising is published in one way or another.
Political advertising has thus been given its own special advertising labeling requirements (cf. what applies to commercial advertising). The regulation aims to increase transparency for citizens in connection with political advertising. It should be clear that it is a matter of political advertising; who is behind the advertising; what financial compensation has been provided for the advertising; its connection to elections and other processes; and information about the targeting and ad delivery technology used and similar information. simple information. simple explanation of why the recipient is seeing the advertising in question. The advertising must be labeled and a transparency notice with this content must be provided. The regulation also harmonizes the rules for the provision of political advertising services within the EU.
The TTPA covers political parties, campaign organizations, companies, and other actors that disseminate political messages within the EU. Companies and other actors may include, for example, advertising agencies, media houses, and platforms that produce or publish political advertising.
Political parties and individual candidates must provide the information necessary for labeling and transparency notices and ensure that this information is accurate. Other actors are responsible for collecting, storing, and making available relevant information about the advertising and for labeling it.
What is political advertising?
Political advertising is defined in the regulation as the preparation, placement, promotion, publication, provision, or dissemination of a message that is normally provided for remuneration, through internal activities, or as part of a political advertising campaign. The message must be linked to a political actor or be designed to influence the outcome of an election or referendum, voting behavior, or a legislative or regulatory process.
Rules would not be rules without exceptions. Official information to the public from national authorities, governments, and the EU is not political advertising unless it is designed to influence the outcome of an election or referendum, voting behavior, or a legislative or regulatory process. Political opinions such as editorial content covered by editorial responsibility are also not considered political advertising – unless compensation is provided in connection with this by a third party. The same applies to political opinions expressed by a private individual.
All media are covered
The rules apply to all political advertising on TV or radio, in print and digital media. The media are regulated separately depending on the conditions for each, but essentially have the same basic requirements.
Labeling
Political advertising must have a clear labeling message that provides the recipient with information about:
- that it is a political advertisement
- the identity of the sponsor and any controlling entity
- any use of targeting or ad delivery technology
- any connection to an election/referendum or legislative or regulatory initiative
The labeling must be clear and easy for the average recipient to understand. It must be visible or audible and must not be obscured by color, shape, or sound. Nor may it be obscured by the technical limitations of the medium; for example, the recipient should not have to scroll or click to see the label. It must be easy for recipients to identify a political advertisement without having to engage with the content of the message. The label must remain even if the advertisement is shared.
Transparency notice
Political advertising must also contain or refer to a so-called transparency statement. The statement must provide detailed information about who is behind the advertisement, what its purpose is, and what methods are used to disseminate it. The transparency notice may be included directly in the advertisement or accessed directly via, for example, a link or QR code in the advertisement. The link or QR code must be described as “Transparency notice.”
A detailed template for the content and design of the transparency notice can be found in the European Commission’s Implementing Regulation 2025/1410, Annex II.
Information must be provided on, among other things the identity and contact details of the sponsor, as well as any entity that ultimately controls the sponsor; the total amounts received for the advertisement and for any advertising campaign; the origin of the financial resources received – public and/or private, from a country within the EU and/or a country outside the EU; and any use of targeting or ad delivery technology.
Political advertising services from third countries
Operators providing political advertising services in the EU (e.g., advertising agencies) but not established in the EU are required to appoint a legal representative to be registered in the Member State where the service is offered. The Media Authority is responsible for the register of these representatives. To register a legal representative, see our e-service.
Penalties for violations – what can it cost?
Certain operators are subject to penalties for violations.
According to the TTPA, the maximum amount of financial sanctions shall be based on the financial capacity of the entity subject to sanctions and shall amount to
a) 6% of the sponsor’s or provider’s annual income or budget, whichever is applicable and whichever is higher, or
b) 6% of the sponsor’s or provider’s global annual turnover in the previous financial year.
Member States shall notify the Commission of these provisions and measures by January 10, 2026, and shall notify it without delay of any subsequent amendments affecting them.
Sweden has adopted Law (2025:1408) with supplementary provisions to the EU Regulation on political advertising, which entered into force on January 1, 2026. The Media Authority may decide on
- Warning
- An order to cease infringements or to take remedial measures (providers of intermediary services (Article 51(1)(b) of Regulation (EU) 2022/2065 on a single market for digital services) and operators covered by the TTPA)
- A penalty payment (operators covered by the Regulation)
- Penalty fees providers of political advertising services. This refers to a natural or legal person who provides political advertising services, with the exception of purely ancillary services. A political advertising service is a service consisting of political advertising, with the exception of an online intermediary service as defined in Article 3(g) of Regulation (EU) 2022/2065, and which is provided without remuneration for the preparation, placement, promotion, publication, provision, or dissemination of the message in question. This includes, for example, advertising agencies, media, and platforms.
The Media Authority may therefore decide that a provider of political advertising services shall pay a penalty fee for violations of, among other things, the requirement to identify political advertising services, labeling and transparency requirements, and transparency notices.
The fee model is very similar to that established by, for example, the GDPR, but also other EU legislation, with a percentage based on the operator’s global turnover in the most recent financial year.
Supervision
Supervision is exercised by the Swedish Media Authority and the Swedish Authority for Privacy Protection (IMY) – the latter with regard to Articles 12 and 13 of the TTPA, i.e. the TTPA, i.e. the use of targeting technology and ad delivery technology and the use of personal data that occurs there. The Media Authority also receives reports of violations.
Gulliksson are experts in marketing law and advise daily on issues of transparency, advertising identification, and digital regulation. We help you do the right thing from the start.
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