Advertiser Obligations
This section outlines the responsibilities of platforms, publishers, ad servers, and ad-tech intermediaries under EU Regulation 2024/900, with emphasis on transparency labels, notices, targeting, and record-keeping.
Who Are "Providers of Political Advertising Services"
The Regulation covers every entity that prepares, places, promotes, publishes, delivers, or distributes political advertising. This includes:
- Online Platforms
- Publishers
- Ad Servers
- DSP / SSP
- Ad Exchanges
- Media Agencies
Transparency Label Obligations
The label (Article 11) is the immediate visual marking that content is political advertising. The responsibility falls on the political advertising publisher - the entity that ultimately displays the ad to the user.
| ROLE | LABEL RESPONSIBILITY | NOTES |
|---|---|---|
| Social Platform | Responsible | Full publisher responsibility |
| Publisher Site | Responsible | Full publisher responsibility |
| CTV Platform | Responsible | Full publisher responsibility |
| DSP | Not publisher | Must provide the data |
| Ad Server | Technical implementation | Supports label rendering |
The label must:
- Be clear and prominent
- State that the content is political advertising
- Reference the Transparency Notice
- Appear immediately upon publication
The format is determined by Implementing Regulation 2025/1410.
Transparency Notice Obligations
The publisher must ensure the following information is available:
- Sponsor identity
- Ultimate controlling entity
- Expenditure amount (ad & campaign level)
- Source of funding
- Electoral process
- Dissemination period
- Targeting information (where applicable)
- Reporting mechanism
Accuracy of Information
- The sponsor provides the data
- The publisher must make reasonable efforts to verify completeness
- If there are obvious inaccuracies → cannot claim ignorance
Targeting & Ad Delivery
If the platform or ad-tech provides microtargeting, audience segmentation, or optimisation/amplification, additional obligations apply:
- Transparency regarding targeting criteria
- No use of prohibited data
- GDPR compliance
- Recording of targeting parameters
Record-Keeping (Article 9)
Obligation for all providers of political advertising services. Records must be maintained for 7 years in machine-readable format:
| ACTOR | WHAT MUST BE RECORDED |
|---|---|
| All Providers | Campaign served, service provided, amounts invoiced/received, origin of funds, sponsor identity, linked electoral process |
| Platforms | Full delivery & monetisation trail, targeting parameters |
| Publishers | Revenue per political campaign, dissemination period |
| Ad Tech (DSP/SSP/Exchanges) | Budget allocation trail, tech/service fees, targeting configuration logs |
Role-Specific Exposure
A. Online Platforms (High Exposure)
The most exposed layer. Obligations include:
- Label, Notice, Reporting mechanism
- Repository obligations
- Targeting transparency
- Cooperation with authorities
B. Publishers
- Label implementation
- Notice provision
- Revenue record-keeping
- Cooperation in audits
C. Ad Servers
Do not necessarily bear sponsor transparency responsibility, but carry technical compliance:
- Technical support for label rendering
- Delivery recording
- Record-keeping for service provided
D. DSP / SSP / Exchanges
Not always a publisher, but bear significant responsibility when controlling targeting:
- Record-keeping
- Financial traceability
- Targeting documentation
- Cooperation with publisher for notice data
Risk & Liability Overview
High-risk violations include: missing labels, incomplete notices, concealed sponsors, illegal microtargeting, and non-cooperation with authorities.
Sanctions may include:
- Administrative fines
- Ad withdrawal
- Dissemination suspension
- Combined liability with GDPR
- Public disclosure of violations
Repository Obligations (European Repository)
Applies to online political advertising publishers. They must:
- Register political ads in a public repository
- Provide machine-readable transparency data
- Maintain entries for a specified period
This primarily affects social media platforms, large digital platforms, and publishers with online political inventory. DSPs/ad servers don't register directly but provide data to the publisher.
Response Obligations to Regulatory Authorities
All providers are required to:
- Respond to information requests
- Provide records within deadlines
- Cooperate in cross-border investigations
- Execute withdrawal/suspension orders
Platforms have an enhanced cooperation obligation due to their "gatekeeper" role.
Enhanced Duties Before Elections
During pre-election periods:
- Increased oversight from authorities
- Faster response to notices
- Potentially shorter compliance deadlines
- Increased scrutiny on targeting and amplification
Platforms and major publishers are expected to have dedicated compliance teams, fast-track review mechanisms, and real-time transparency updates.
Responsibility for Amplification
The Regulation covers not just "ad placement" but also algorithmic amplification, optimisation, promotion boosting, and paid visibility enhancement.
If a platform artificially boosts the visibility of political advertising or uses recommendation systems, that amplification is considered a political advertising service - subject to transparency & record-keeping. Key targeting/ad-delivery parameters must be declared. DSPs with auto-optimisation engines have increased exposure.
Risk Gradient
| Platform Type | Risk Level |
|---|---|
| Large Online Platforms | Very High |
| Major Publishers | High |
| DSP/SSP with Targeting Control | High |
| Pure Ad Server (Technical Only) | Medium |
| Infrastructure-Only Hosting | Low |
Executive Summary
The Regulation transforms the digital ad ecosystem into:
- A transparency-first environment
- A financially traceable system
- A regulator-auditable infrastructure
Platforms bear the heaviest burden.
Intermediaries carry significant risk when they control targeting or budget flow.
Publishers are the final transparency executors.