EU Political Advertising: What Campaign Teams Need to Know

Scope of the regulation: who is covered and what counts as political advertising

Regulation (EU) 2024/900 on the transparency and targeting of political advertising applies to a wider universe of organisations and activities than many campaign teams initially assume. The regulation's definition of "political advertising" covers not only paid electoral communications — adverts in support of candidates, parties, or referendum positions — but also paid communications that are "liable to influence" voters, or that relate to "a political issue, policy position or activity." This is a broad formulation, and it deliberately encompasses the advocacy communications of NGOs, industry associations, think tanks, and civil society organisations, not only the communications of political parties and their campaigns.

The scope of "political advertising" under the regulation is further defined by reference to its audience and its purpose. An advertisement that promotes a specific policy position to an audience in an EU member state, paid for by an organisation with an interest in that policy outcome, is likely to fall within scope — regardless of whether the paying organisation is a political party. Campaign teams advising NGOs, industry coalitions, or public affairs clients who use paid media should review all paid communications against the regulation's scope test, not only those produced for explicitly electoral purposes.

Territorial scope is equally broad: the regulation applies to advertising directed at audiences in EU member states, regardless of where the advertising organisation is established. A US-based advocacy group running paid ads targeted at Belgian voters must comply with the regulation. A UK public affairs consultancy running digital ads targeted at French MEPs must comply. The regulation's jurisdictional reach is the audience, not the advertiser's place of establishment.