Compliance monitoring
Compliance monitoring is the ongoing process of checking whether political advertising services meet the transparency and targeting rules set out in EU Regulation 2024/900. It involves supervisory authorities reviewing whether sponsors, publishers, and providers are following their legal obligations, including labelling requirements, transparency notices, and restrictions on targeting techniques.
Legal Basis
While Regulation 2024/900 does not define "compliance monitoring" as a standalone term, the regulation establishes the framework for supervision and enforcement:
"Member States shall designate one or more competent authorities responsible for the supervision and enforcement of this Regulation."
— Article 29, Regulation 2024/900
The regulation further specifies that competent authorities shall have investigative and enforcement powers, including the power to conduct investigations, request information, and impose penalties for non-compliance.
Why It Matters
Compliance monitoring ensures that the rules on political advertising transparency and targeting are not just written on paper but actively enforced. Without effective monitoring, sponsors could disseminate unlabelled political ads, use prohibited targeting techniques with sensitive personal data, or accept funding from unauthorized third-country sources during election periods.
For publishers and providers of political advertising services, compliance monitoring means they must maintain accurate records, respond to information requests from authorities, and demonstrate that their systems and processes meet regulatory requirements. They may face inspections, audits, or requests to provide documentation about specific political advertising campaigns.
For political actors and sponsors, compliance monitoring creates accountability. Supervisory authorities can investigate complaints about missing transparency labels, verify the accuracy of transparency notices, and check whether targeting restrictions have been respected. This oversight helps maintain public trust in the electoral process and ensures a level playing field for all political participants.
Key Points
- Multiple authorities involved: Member States designate competent authorities for supervision, with Digital Services Coordinators playing a key role for transparency obligations and data protection authorities supervising targeting rules
- Investigative powers: Authorities can request information, access documents, conduct on-site inspections, and require providers to demonstrate compliance with their obligations
- Complaint-driven and proactive: Monitoring can be triggered by complaints from individuals or civil society, or initiated proactively by authorities based on risk assessments or media reports
- Record-keeping requirements: Providers and publishers must maintain records of political advertising services for supervisory purposes, facilitating effective compliance checks
- Cross-border cooperation: When political advertising crosses borders, authorities in different Member States cooperate and exchange information to ensure consistent enforcement
- Penalties for non-compliance: Authorities can impose fines and other sanctions on sponsors, publishers, and providers who fail to meet their obligations under the regulation
Compliance monitoring vs. Self-regulation
Compliance monitoring under Regulation 2024/900 is mandatory oversight by public authorities with legal powers to investigate and enforce, whereas self-regulation refers to voluntary industry codes or standards that platforms or advertisers adopt themselves. While self-regulatory measures (such as industry codes of practice) can complement legal requirements, they cannot replace the binding obligations and official supervision established by the regulation.
The key difference is enforcement power: compliance monitoring by competent authorities can result in legal penalties, orders to cease violations, and binding decisions. Self-regulation typically relies on voluntary participation and industry-imposed consequences. For political advertising, the regulation requires official compliance monitoring to ensure democratic safeguards are consistently applied across all Member States.