Third-Country Sponsors
A third-country sponsor is any natural person who is not a citizen of the European Union or permanently residing in the EU, or any legal entity established outside the EU, that pays for political advertising within the Union. During the three months before EU, national, regional, or local elections or referendums, these sponsors are restricted from funding political advertisements to prevent foreign interference in democratic processes.
Legal Basis
"Providers of political advertising services shall, during the three months preceding the date of an election or referendum organised at Union level or at national, regional or local level in a Member State, only provide political advertising services to sponsors that are citizens of the Union, third-country nationals permanently residing in the Union and having the right to vote in that election or referendum or legal persons established in the Union which are not controlled by third-country entities or third-country nationals."
— Article 12(2), Regulation (EU) 2024/900
Why It Matters
Third-country sponsor restrictions protect European elections from external interference. Evidence shows that foreign entities and nationals have previously used political advertising to manipulate public opinion, spread disinformation, and undermine trust in democratic processes. The regulation creates a clear three-month pre-election window during which only EU citizens, eligible third-country nationals, and EU-established entities may sponsor political ads.
This restriction affects political advertising publishers, platforms, and advertising agencies operating in the EU. They must verify the identity and eligibility of sponsors before accepting payment for political advertising during restricted periods. Failure to comply can result in significant penalties from national competent authorities.
The three-month minimum period begins before any election or referendum. Member States may apply stricter rules, including longer restriction periods, reflecting different national assessments of foreign interference risks. Publishers must track election calendars across all Member States where they operate to ensure timely compliance.
Key Points
- Three-month window: The restriction applies during the three months immediately before any EU, national, regional, or local election or referendum
- Who can sponsor: Only EU citizens, eligible third-country residents with voting rights, and EU-established legal entities not controlled by third-country entities
- Publisher responsibility: Political advertising service providers must verify sponsor eligibility before accepting ads during restricted periods
- Control test: Legal persons established in the EU may be excluded if ultimately controlled by third-country entities or nationals
- Member State variations: Individual Member States may impose longer restriction periods or additional requirements beyond the three-month minimum
- Multiple elections: Publishers must monitor election calendars across all Member States where they offer services to ensure continuous compliance
Third-Country Sponsors vs. Third-Country Nationals
While these terms overlap, they are distinct concepts. A third-country national is any person who is not a citizen of an EU Member State. A third-country sponsor refers specifically to a third-country national (or entity) who pays for political advertising in the EU.
Not all third-country nationals are restricted as sponsors. Third-country nationals who permanently reside in the EU and have the right to vote in a specific election or referendum may sponsor political advertising related to that election during the three-month restricted period. However, third-country nationals without permanent EU residence or voting rights, as well as legal entities established outside the EU, are prohibited from sponsoring political ads during this window.
The restriction focuses on preventing foreign interference while respecting the democratic participation rights of third-country nationals who are part of the EU's civic community through permanent residence and voting eligibility.