Declaration Obligations
Declaration obligations refer to the legal requirement for sponsors and providers of political advertising services to provide specific transparency information before, during, and after a political advertisement is published. This includes declaring who paid for the ad, the amounts spent, and other details that help voters understand who is trying to influence them and how.
Legal Basis
"Sponsors shall, before the first publication or dissemination of a political advertisement, provide the publisher with the transparency information referred to in Article 6 and, as soon as possible and without undue delay, update such information when necessary."
— Article 7(1), Regulation (EU) 2024/900
"Sponsors shall, within three months after the last day of dissemination of a political advertisement or, where applicable, 30 days after a voting day or the last day of voting in an election or referendum, whichever date comes first, make publicly available the information on the total amount of expenditure incurred for that political advertisement or political advertising campaign."
— Article 7(4), Regulation (EU) 2024/900
Why It Matters
Declaration obligations are the foundation of political advertising transparency in the EU. These requirements ensure that every political ad carries clear information about who is behind it, making it much harder for hidden actors to manipulate public opinion without accountability.
For sponsors (political parties, candidates, advocacy groups), declaration obligations mean gathering and sharing information about ad spending, targeting techniques, and reach before and after campaigns. Providers of political advertising services—including platforms, publishers, influencers, and ad agencies—must ensure this information is displayed correctly and made available to the public and authorities.
Failing to meet declaration obligations can result in penalties from national authorities and damage to reputation. More importantly, these requirements protect democratic processes by giving voters the information they need to critically evaluate political messages and understand who is trying to influence their vote.
Key Points
- Pre-publication duty: Sponsors must provide transparency information to publishers before an ad goes live, ensuring labels and disclosures appear from the first moment of dissemination.
- Post-campaign reporting: Within three months after an ad campaign ends (or 30 days after voting day, whichever is first), sponsors must publicly disclose total spending for that campaign.
- Continuous updates: If information changes during a campaign (e.g., additional sponsors join, spending increases), sponsors must update the transparency information without undue delay.
- Publisher responsibility: Publishers must ensure that the transparency information provided by sponsors is displayed correctly and remains accessible throughout the ad's dissemination.
- Accessibility to authorities: Transparency information must be made available in a format that allows competent authorities and, where applicable, the public to verify compliance.
- Cross-border consistency: Declaration obligations apply uniformly across all EU Member States, preventing sponsors from exploiting regulatory gaps by advertising across borders.
Declaration Obligations vs. Transparency Notice
While closely related, declaration obligations and transparency notices serve different functions in the TTPA framework. Declaration obligations are the legal duties placed on sponsors and providers to gather, provide, and report information at specific points in time (before publication, during campaigns, and after voting). The transparency notice is the practical outcome—the actual label, disclosure, or information display that appears alongside or with the political advertisement.
Think of declaration obligations as the "what and when" of compliance (what information must be declared, and by what deadlines), while the transparency notice is the "how it appears" to voters (the visible label they see when encountering a political ad). Declaration obligations are enforced through audits, record-keeping reviews, and post-campaign reporting checks, whereas transparency notices are immediately visible and can be reported by any citizen who spots a missing or incorrect label.
Related Terms
- Political Advertising
- Sponsor
- Publisher
- Provider of Political Advertising Services
- Transparency Notice
- Targeting Techniques
- Ad-Delivery Techniques
- Competent Authority
- Record-Keeping Requirements
- Political Actor