Regulation on political advertising and the powers of the Data Protection Ombudsman
The EU regulation on the transparency and targeting of political advertising sets out rules on how political advertising may be targeted. The Data Protection Ombudsman oversees certain obligations relating to the transparency of online political advertising and the targeting of advertising using personal data.
The EU Regulation on the transparency and targeting of political advertising sets out obligations for political actors, as well as for publishers and funders of political advertisements.
The aim of these obligations is to make political advertising easier to recognise and to provide people with information about who is behind the advertisements. This is how people’s fundamental rights are protected, in particular the right to privacy and the protection of personal data.
The regulation supplements the requirements of data protection legislation in areas such as transparency, the targeting of online advertising using personal data and the processing of data relating to special categories of personal data. The Regulation does not affect the content of advertisements.
What is political advertising?
Political advertising is a form of communication that typically aims to influence the outcome of an election or a referendum, people’s voting behaviour or the drafting of legislation.
Messages that are purely private or commercial do not constitute political advertising, nor are political opinions or journalistic content considered to be political advertising. Exceptions to this are situations where a third party pays for advertising.
Rules on the targeting and display of online political advertising
The Regulation imposes restrictions on how content can be targeted and advertisements displayed on the basis of personal data.
Targeting and display techniques that make use of personal data may only be used in online political advertising where
- the data controller (for example, the advertiser) has collected the personal data used for targeting and displaying the advertisement directly from the recipients of the advertisement,
- the recipients have given their explicit consent to the use of their personal data, and
- targeting and display techniques do not involve profiling that utilises specific categories of personal data, such as political opinions or information regarding a person’s ethnic background, state of health, religion or sexual orientation.
Calls for transparency in political advertising
Advertisements must clearly state if they are political advertisements. Political advertisements must also include information such as the identity of the funder, the amount of funding and the purpose of the advertisement.
If an online political advertisement is targeted at specific audiences, it must state the objectives of the targeting, the target groups and the criteria used to select those groups. The operating principles of targeting and display techniques must be clearly described so that the recipient of the advertisement understands their logic and key parameters.
Data controllers, such as advertisers, are also subject to requirements regarding, for example, the documentation of the use of technologies, risk assessment and the implementation of data protection rights.
The obligations regarding transparency are set out in particular in articles 11, 12 and 19 of the Regulation on the transparency and targeting of political advertising.
Enforcing the Regulation on political advertising
The Regulation entered into force in the EU on 10 October 2025 and applies in parallel with other EU legislation, such as the General Data Protection Regulation (GDPR) and the Digital Services Act (DSA).
Various authorities work together to ensure compliance with it. In Finland, the Regulation is primarily enforced by the National Audit Office. The Data Protection Ombudsman oversees compliance with the obligations relating to the targeting of online political advertising and certain transparency requirements laid down in articles 18 and 19 of the Regulation. The Finnish Transport and Communications Agency Traficom serves as the coordinating authority.
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Frequently asked questions about elections and data protection