Greece is tightening the rules governing political advertising, bringing online campaigning, voter targeting and the financing of political ads under closer scrutiny as European governments seek greater transparency over who pays to influence voters.
A new presidential decree, published in Greece’s official gazette, implements European Union Regulation 2024/900 on the transparency and targeting of political advertising. The rules impose new obligations on political-advertising providers and publishers, with particular attention to digital platforms and the use of personal data to target voters.
Publishers will have to maintain required records, clearly label political advertisements and provide transparency notices identifying relevant information about campaigns. They will also be required to disclose to competent authorities the money or other benefits they receive for political-advertising services, including services used to target audiences and deliver ads. Such information must be reported on an aggregate basis for each campaign.
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Oversight of online targeting and ad-delivery techniques will fall to Greece’s data-protection authority, reflecting growing concern across Europe over the use of personal information in political campaigning.
The rules become especially restrictive in the run-up to elections. During the three months before elections to the European Parliament and Greece’s municipal and regional authorities, political-advertising services may be provided only under specified conditions. Sponsors generally must be EU citizens, or non-EU nationals permanently resident in the bloc who have voting rights under the law of their country of residence. EU-established companies can also qualify, subject to restrictions involving ownership or control by entities outside the bloc.
The financial consequences for violations could be substantial. Authorities may issue recommendations but can also impose fines ranging from 3% to 6% of a political-advertising sponsor’s or provider’s annual income or budget, using the higher figure as the basis for calculating the penalty.
Regulators must consider the seriousness and duration of an infringement, whether it was repeated, intentional or negligent, the offender’s cooperation with authorities and any efforts to limit the damage. The financial strength of the entity can also factor into the calculation.
Enforcement becomes tougher as voting approaches. For certain violations involving political advertisements published or distributed during the final month before an election or referendum, financial penalties are mandatory. Breaches involving online targeting can separately trigger sanctions under the EU’s General Data Protection Regulation, potentially raising the stakes considerably for large digital operators.
The decree also provides procedural safeguards. An accused party must be given an opportunity to respond before a penalty is imposed, and authorities must provide a reasoned decision.
Those challenging a ruling can appeal to Greece’s Council of State, the country’s highest administrative court. An appeal doesn’t automatically suspend enforcement. And to have a challenge against a fine heard, the appellant must deposit 15% of the penalty, capped at €200,000.
