Legal expert: Meta, Google, others want to test boundaries

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The European Union aims to enforce stricter rules for online political advertising with the Regulation on Transparency and Targeting of Political Advertising (TTPW Regulation), as a supplement to the Digital Services Act. The goal is to limit manipulation through personalized political advertising. Why major platforms like Meta and Google are reacting negatively and shutting down political advertising, explains Dr. Jessica Flint, a legal expert from Würzburg, at the AI Week of the Baden-Württemberg State Commissioner for Data Protection in Stuttgart.

So far, social networks have enabled targeted political targeting, where ads are individually tailored. "I am only shown what excites and convinces me," said Flint. Social media platforms collect enormous amounts of user data and therefore know "better than anyone else" what appeals to individual people.

The TTPW Regulation aims to restrict this practice and requires that political advertising be comprehensively disclosed. Each ad must indicate who paid for it, who it is aimed at, and on what data the targeting is based. Furthermore, the use of sensitive data such as health or political information, as well as minors, is prohibited.

A separate opt-in has been newly introduced, allowing political advertising to be based on personal data only if the affected person has expressly consented. In addition, platforms must disclose who financed the ad, who controls it, and how much money was spent on the campaign. If the funds come from a third country, the advertising may no longer be displayed in the past three months before an election.

If information is missing or contradictory, users can also report an ad. Within one month before an election, platforms must then respond within a period of 48 hours. This gives the previously undefined term "promptly" a fixed deadline for the first time.

"TikTok employees have a good sense of time"

Flint considers two reasons why Meta and Google are rejecting election advertising. Firstly, the corporations may be afraid of being caught having only partially complied with previous regulations. This could become visible through the new transparency regulation.

Secondly, the providers wanted to test boundaries, as they had already done with the Digital Services Act (DSA). There too, they reacted to complaints only formally: at TikTok, after exactly 30 minutes, the feedback is that a complaint has been reviewed and no violation has been found. The same happens if an objection is filed against the feedback. "The employees at TikTok have a good sense of time," said Flint. However, no fines have been imposed so far. Observers also suspect that the EU Commission is waiting with proceedings so as not to disrupt international negotiations. Many platforms have learned that they can get away with "superficial acting as if."

According to Flint's assessment, the EU Commission is taking its time in enforcing the rules and imposing penalties because, according to observers, it is considering political and economic negotiations, particularly with the USA, in the international context. Premature or harsh sanctions against large US platforms could be considered a burden on these relationships.

Emotions as a driver

If platforms refuse entirely, it only affects paid advertising, not organic reach. On TikTok, where political advertising is already prohibited, right-wing populist parties are significantly more successful than others. "The AfD is using the algorithms correctly," said Flint. The ban on political advertising therefore harms all other parties. The TTPW Regulation only addresses the symptoms. However, the algorithms of large platforms are geared towards profit, and anger, hate, and division lead to engagement. Today, it is no longer paid ads, but the systems themselves that shape users' perceptions and opinions.

Politics must be equally accessible to the entire population, and political advertising should therefore not be personalized. In broadcasting, political advertising is already prohibited outside of election periods and, during election campaigns, is only permitted on an equal footing – without targeting and under the supervision of independent bodies. These rules are transferable to online platforms.

Commercial interests in the foreground

Meike Kamp, Berlin Commissioner for Data Protection and Chairwoman of the Data Protection Conference, also criticized that "commercial interests" ultimately take precedence for the platforms. Political messages and other content can be sold there, like products, through data-based advertising networks. For online platforms, the main goal is "to keep people engaged so that they spend as much time as possible on the platforms." These mechanisms and their negative side effects can, according to Kamp, have a direct impact on democratic processes and elections.

Therefore, political advertising must be scrutinized particularly closely in the future – not only paid ads but also organic content that is algorithmically amplified. Even subtle mechanisms of targeted dissemination can significantly influence political opinion formation.

Kamp pointed out that the TTPW Regulation is a Lex specialis to the GDPR. It contains specific data protection grounds for targeting and ad placement in Articles 18 to 20, which go beyond the general provisions. In the future, platforms will only be allowed to process personal data with the consent of the data subject and will no longer be allowed to take it over from third parties. The TTPW Regulation also provides for additional transparency, documentation, and risk assessment obligations.

Kamp also sees an important step in the new research access that the largest networks must establish within the framework of the DSA. Researchers can now, under certain conditions, directly access data from the largest online platforms to scientifically investigate targeting, tracking, and algorithm mechanisms. This access is intended to help better understand and monitor the impact of algorithmic systems. Since the end of October 2025, researchers can gain access to internal, non-public data of large platforms upon request. This will enable independent impact research and scientific oversight on a broad basis for the first time.

Influencers and political responsibility

Kamp also mentioned that political advertising does not only work through traditional ads. Increasingly, parties or actors are using influencers to spread political messages. The crucial factor is whether compensation is involved. Only then does the TTPW Regulation apply. As a well-known example of political expression without commercial connection, Kamp cited that of YouTuber Rezo, who achieved high reach with his CDU criticism video. This, according to Kamp, does not fall under political advertising within the meaning of the regulation, but under freedom of expression.

Flint emphasized that, in her view, there are already enough rules to effectively control the platforms, the crucial thing now is their implementation. "We have the right rules – we just need to apply them," she said.

(mack)