Corrective Measures
Corrective measures are actions that supervisory authorities or the Commission can require sponsors, providers, or publishers of political advertising to take when they fail to comply with the Regulation on transparency and targeting of political advertising. These measures aim to bring non-compliant parties back into compliance and may include fines, orders to cease violations, or requirements to implement specific changes to their practices.
Legal Basis
"The competent authority shall have the power to adopt decisions requiring sponsors, providers of political advertising services and publishers of political advertising to comply with the obligations laid down in this Regulation and to take corrective measures to remedy identified infringements, including the power to impose fines."
— Article 20, Regulation 2024/900
Why It Matters
Corrective measures are the enforcement backbone of the political advertising transparency framework. When sponsors fail to label ads properly, providers use prohibited targeting techniques, or publishers don't maintain required transparency notices, supervisory authorities can step in with binding orders to fix the violations.
These measures affect everyone in the political advertising ecosystem. Political parties may be ordered to provide missing transparency information. Platforms may face requirements to implement better labeling systems. Data processors may be required to stop using certain personal data for targeting. The measures are designed to be proportionate to the severity of the infringement, ranging from warnings and compliance orders to significant financial penalties.
For businesses providing political advertising services across multiple EU Member States, corrective measures create a compliance incentive. Authorities can require not just immediate fixes but also structural changes to prevent future violations, such as implementing new internal controls or modifying algorithmic systems that deliver political ads.
Key Points
- Supervisory powers: National competent authorities and the Commission have explicit powers to order corrective action when they identify violations of transparency or targeting rules
- Range of measures: Corrective action can include warnings, compliance orders, operational changes, periodic penalty payments, and administrative fines up to specified limits
- Proportionality requirement: Authorities must ensure corrective measures are proportionate to the nature, gravity, and duration of the infringement
- Structural remedies: Measures can require systemic changes to business practices, not just fixes to individual violations
- Cross-border cooperation: When violations affect multiple Member States, authorities coordinate through mutual assistance mechanisms to ensure consistent enforcement
- Appeal rights: Recipients of corrective measures have the right to judicial review under national law
Corrective Measures vs. Preventive Obligations
Corrective measures respond to violations that have already occurred, while preventive obligations are proactive requirements that all actors must follow from the start. Preventive obligations include labeling all political ads, maintaining transparency notices, and only using permitted targeting techniques. Corrective measures come into play when these preventive obligations are breached.
While preventive obligations are the same for all actors in the same category (all publishers must label, all sponsors must provide information), corrective measures are tailored to the specific violation. An authority might order one platform to fix its labeling system while requiring another to stop a prohibited data processing practice entirely.
| Aspect | Preventive Obligations | Corrective Measures |
|---|---|---|
| Timing | Ongoing compliance duty | After violation detected |
| Scope | Apply to all actors | Tailored to specific infringement |
| Purpose | Prevent violations | Remedy non-compliance |
| Authority | Self-implemented | Imposed by supervisory authority |
Related Terms
- Competent Authority
- Enforcement Mechanisms
- Administrative Fines
- Compliance Obligations
- Supervisory Authority
- Periodic Penalty Payments
- Transparency Notice
- Targeting Techniques
- Provider of Political Advertising Services
- Cross-border Cooperation