§2 SCOPE OF THESE GUIDELINES

12. The guidelines are addressed to providers of VLOPs and VLOSEs whose services bear risks of actual or foreseeable negative effects on electoral processes stemming from the design, functioning, and use of those services within the meaning of Article 34 of Regulation (EU) 2022/2065. Pursuant to Article 35(1) of that regulation, providers of VLOPs and VLOSEs shall put in place reasonable, proportionate, and effective mitigation measures, tailored to the specific systemic risks identified. 13. Article 35(1) of Regulation (EU) 2022/2065 provides a non-exhaustive list of mitigation measures that providers of VLOPs and VLOSEs may adopt to address the systemic risks they identify in the risk assessment process to which their service and its related systems, including algorithmic systems, give rise, or which arise from the use made of their services. These guidelines further elaborate on that list and set out best practices and recommend risk mitigating measures specifically for risks related to electoral processes. 14. The measures presented in these guidelines are not an exhaustive list of recommendations to providers of VLOPs and VLOSEs in all instances. The appropriate mitigation measures depend on the specific service and the specific systemic risks identified pursuant to Article 34 of Regulation (EU) 2022/2065. 15. Providers of VLOPs and VLOSEs should apply these guidelines for electoral processes in Member States, including for national elections and for elections to the European Parliament. This should include measures during pre-electoral, electoral, and post-electoral periods (17). Mitigation measures should also be applied for regional and local elections or referenda, should risk assessments conclude there are actual or foreseeable negative effects for these electoral processes. 16. The scope of these guidelines is the application of Article 35(1) of Regulation (EU) 2022/2065. Pursuant to Article 35(2) the Board, in cooperation with the Commission, shall publish comprehensive reports once a year which will include the identification and assessment of the most prominent and recurrent systemic risks reported by providers of VLOPs or VLOPSEs or identified through other information sources. 17. In line with recital 103 of Regulation (EU) 2022/2065, these guidelines may also serve as a source of inspiration for providers of online platforms or search engines that have not been designated as VLOPs or VLOSEs and whose services give rise to similar risks. It may also serve as a reference for the continuous research into, and analysis of, the effectiveness of risk mitigation measures in response to risks related to electoral processes. Where the mitigation measures and best practices recommended in these guidelines are of application to electoral processes in general, providers of VLOPs and VLOSEs may consider keeping the measures and practices in place where appropriate to protect public debate outside of electoral processes, considering the impact this may have on fundamental rights.

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