§1.1 Purpose and Legal Basis

1. Online platforms and search engines have become important venues for public debate and for shaping public opinion and voter behaviour. Regulation (EU) 2022/2065 (“Digital Services Act”) imposes obligations on providers of very large online platforms (VLOPs) and very large online search engines (VLOSEs) (1) to carry out specific risk assessments and put in place reasonable, proportionate and effective risk mitigation measures including for “any actual or foreseeable negative effects on civic discourse and electoral processes” (2). 2. Pursuant to Article 35(3) of Regulation (EU) 2022/2065, the Commission may issue guidelines on the risk mitigation measures providers of VLOPs and VLOSEs are required to adopt in relation to specific risks. Such guidelines may, in particular, present best practices and recommend possible measures, having due regard to the possible consequences of the measures on the fundamental rights enshrined in the Charter of Fundamental Rights of the European Union (the ‘Charter’) of all parties involved. 3. A wide range of phenomena involving online platforms and search engines give rise to a heightened risk to election integrity. These include, but are not limited to, the proliferation of illegal hate speech online, threats linked to foreign information manipulation and interference (“FIMI”) as well as the wider phenomenon of disinformation, the spread of (violent) extremist content and such with the intent to radicalise people, as well as the spread of content generated through new technologies such as generative Artificial Intelligence (“AI”) (3). In view of several elections planned in the EU in the months to come, including the upcoming 2024 elections to the European Parliament, this document contains guidance aimed at supporting providers of VLOPs and VLOSEs to ensure that, where appropriate, they comply with their obligation to mitigate specific risks linked to electoral processes. This guidance remains generally relevant even after those elections have taken place. 4. Measures taken by VLOPs and VLOSEs in line with Regulation (EU) 2022/2065, including all measures to mitigate negative effects on electoral processes mentioned in these guidelines, should be taken with particular consideration for the protection of fundamental rights enshrined in the Charter, including the right to human dignity, respect for private and family life, the protection of personal data, freedom of expression and information, including freedom and pluralism of the media, freedom of association and freedom to conduct a business. Providers of VLOPs and VLOSEs should pay due regard to the potential impact of the measures on the fundamental rights of all parties involved, including vulnerable groups considering accessibility and inclusiveness of the measures. 5. These guidelines already account for forthcoming obligations imposed on providers of VLOPs and VLOSEs by the Regulation (EU) 2024/900 on the transparency and targeting of political advertising (“Regulation on Political Advertising”) (4), as well as the forthcoming Regulation laying down harmonised rules on Artificial Intelligence (“AI Act”) (5), both of which are in the process of adoption by the EU legislator, as well as the voluntary commitments undertaken by providers of VLOPs and VLOSEs under the AI Pact to adhere to the obligations laid down in the AI Act prior to its entry into application (6). Providers of VLOPs and VLOSEs shall be bound to comply with such legally binding rules when they enter into application, to the extent applicable to them. 6. Providers of VLOPs and VLOSEs shall comply with their obligations under Regulation (EU) 2022/2065. These guidelines should be seen in the framework of supporting providers of VLOPs and VLOSEs to ensure compliance with the obligation under Article 35 of that Regulation vis-à-vis risks on electoral processes. In addition to the obligation to put in place reasonable, proportionate, and effective mitigation measures for risks related to electoral processes pursuant to Article 35 of Regulation (EU) 2022/2065, providers of VLOPs and VLOSEs must follow all other legal obligations in Regulation (EU) 2022/2065 which may be relevant for elections. These include, but are not limited to, Articles 14 and, 17 on Terms and Conditions and Statement of Reasons, Articles 27 and 38 on Recommender Systems, Articles 36 and 48 on Crisis Response Mechanisms and Protocols, Articles 15, 24, 37, 42 on Transparency and Independent Audits, Articles 26 and 39 on Online Advertising Transparency and Article 40 on Data Access and Scrutiny. 7. Systemic risks for electoral processes can also manifest themselves through the amplification and potentially rapid and wide dissemination of content that is illegal under European or Member State laws, for example, threats, violent extremist and terrorist content, illegal hate speech or online harassment against political candidates or office holders, journalists, election workers or others involved in the electoral process. As such Articles 9, 10, 16, 22 of Regulation (EU) 2022/2065 on Illegal Content, covering orders to act against illegal content and to provide information, as well as Notice and Action Mechanisms and the provision on Trusted Flaggers, are of particular note.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07