Legal Representative
A legal representative is a person or entity established in the EU that a sponsor or provider of political advertising services must appoint when they are not themselves established in the Union. This representative acts as a contact point for national authorities and accepts service of legal documents on behalf of the non-EU entity.
Legal Basis
"Sponsors and providers of political advertising services that are not established in the Union but provide political advertising services shall designate, in writing, a legal representative in one of those Member States where the political advertising services are provided."
— Article 12(1), Regulation 2024/900
Why It Matters
The legal representative requirement ensures that EU authorities can enforce transparency and targeting rules even when sponsors or providers operate from outside the Union. Without this requirement, cross-border accountability would be nearly impossible to achieve.
For non-EU sponsors—such as international political consultancies, advertising agencies, or overseas organizations—appointing a legal representative is mandatory before providing political advertising services in the EU. The representative must be reachable and capable of responding to official inquiries, enforcement actions, and legal proceedings.
National competent authorities rely on legal representatives to communicate compliance requirements, investigate potential violations, and deliver enforcement decisions. Failure to appoint a representative when required can result in penalties and prevent non-EU entities from lawfully operating in the EU market.
Key Points
- Mandatory for non-EU entities: Any sponsor or provider not established in the EU must appoint a legal representative in at least one Member State where services are provided
- Contact point function: The representative serves as the primary point of contact for all competent authorities and recipients of services
- Legal authority: The representative has the power to receive and respond to official communications, including enforcement actions and legal proceedings
- Written mandate: The appointment must be documented in writing and include clear authorization for the representative to act on behalf of the appointing entity
- Accessible information: Contact details of the legal representative must be made publicly available and easily accessible
- Member State choice: The representative must be established in a Member State where the political advertising services are provided, though not necessarily in all Member States where services are offered
Legal Representative vs. Point of Contact
While both terms refer to designated contacts for authorities, a legal representative is specifically required for entities not established in the EU and carries broader legal authority. A point of contact (required under Article 13 of Regulation 2024/900) is a general requirement for all providers, including those in the EU, to facilitate communication with competent authorities.
The legal representative can receive service of legal documents and enforcement decisions on behalf of the non-EU entity, making it a more substantial legal role. A point of contact primarily handles inquiries and information requests but may not have the same authority to accept legal service. EU-established entities need only a point of contact; non-EU entities need both a legal representative and, through that representative, a point of contact.