DSA: Advertising Transparency
Advertising Transparency [Art 26, 39]
Citation: Art 26 (basic requirements), Art 39 (VLOP repository)
Key rule (Art 26): Online platforms must clearly mark all advertisements and disclose who paid for the ad and why the user was targeted (the main targeting parameters).
Rule: Under Art 26, online platforms must ensure advertisements are clearly identifiable and provide information about who paid for them and why the user was targeted. VLOPs have additional repository requirements under Art 39.
Basic Ad Transparency [Art 26]
All online platforms displaying advertisements must ensure recipients can clearly identify:
| Required Information | Description |
|---|---|
| It’s an advertisement | Clear marking that content is an ad |
| On whose behalf | The natural or legal person paying for the ad |
| Who paid | If different from above, who paid |
| Meaningful targeting info | Main parameters used to target the user |
How to Display [Art 26(1)]
Information must be:
- Clear and unambiguous
- Displayed in real time for each advertisement
- Prominent and adapted for the service
Meaningful Targeting Information [Art 26(1)(c)]
Users must be informed of the main parameters used to determine why they see the ad:
- Demographics (age, gender, location)
- Interests and behaviors
- Device or platform
- Content context
- Any other significant targeting criteria
Prohibition on Sensitive Data Targeting [Art 26(3)]
Online platforms shall not present advertisements based on profiling using:
| Prohibited Categories |
|---|
| Racial or ethnic origin |
| Political opinions |
| Religious or philosophical beliefs |
| Trade union membership |
| Health data |
| Sex life or sexual orientation |
| Special categories under GDPR Art 9(1) |
Prohibition on Minor Targeting [Art 28(2)]
Online platforms shall not present advertisements based on profiling when they are aware with reasonable certainty that the recipient is a minor.
VLOP Ad Repository [Art 39]
VLOPs and VLOSEs must compile and make publicly available a repository of all advertisements.
Repository Contents [Art 39(2)]
For each ad, the repository must contain:
| Element | Description |
|---|---|
| Content | The advertisement content |
| Natural/legal person | On whose behalf it’s displayed |
| Payment info | Who paid (if different) |
| Display period | When it was displayed |
| Target audience | Whether targeted to specific groups |
| Targeting parameters | Main parameters used |
| Total reach | Number of recipients reached (per Member State) |
Access Requirements [Art 39(3)]
Repository must be:
- Publicly accessible via searchable interface
- Available for one year after last display
- Accessible to vetted researchers under Art 40
Practical Implementation
For all online platforms:
- Add “Sponsored” or “Ad” labels to all advertisements
- Display “Paid for by [name]” information
- Create “Why am I seeing this?” feature
- Do NOT target using sensitive categories
- Do NOT target minors via profiling
For VLOPs additionally:
- Build public ad repository
- Include all required data elements
- Maintain for 1 year post-display
- Enable search functionality
- Provide researcher access