DSA: Advertising Transparency
Advertising Transparency [Art 26, 39]
Rule: 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.
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