PolWG
Officially Politische-Werbung-Gesetz (PolWG), Political Advertising Transparency and Targeting
PolWG, BGBl. I Nr. 21/2026, §§ 1-11
In force since .
A transparency and process rule binding public and private bodies.
- Obligation class
- Disclosure, Governance
As of .
What it requires
- As a publisher of political advertising, provide each political advertisement in the manner, and with all the information, that Article 11(1)(a) to (e) of Regulation (EU) 2024/900 and Implementing Regulation (EU) 2025/1410 prescribe, make sure the information on where the transparency notice can be retrieved is correct (Article 11(2)), and make sure the transparency notice contains the information Article 12(1)(a) to (m) and (2) lists, complete and correct, stays available in the prescribed manner and for the prescribed time (Article 12(3)) and is kept for the retention period (Article 12(4) and (5)); section 6(3) PolWG makes a breach of each of these an administrative offence.
- As a publisher of political advertising, give access to the information Article 13(3) of Regulation (EU) 2024/900 names when you block or remove a political advertisement, archive political advertisements published through an online service as Article 13(4) provides and on time, and where Article 14 applies include the information in an annex to the management report and give it to KommAustria (Article 14(1) and (2)); section 6(3) PolWG makes a breach of each of these an administrative offence.
- As a publisher of political advertising, have a notification procedure that meets Article 15(1) to (4) of Regulation (EU) 2024/900, meet the obligations under Article 15(6), process a notification within the time Article 15(7) sets, provide information on remedies (Article 15(8)) and meet the duty to inform without delay (Article 15(9)); section 6(3) PolWG makes a breach of each of these an administrative offence.
- As a publisher of political advertising, do not continue to provide a political advertisement once you have found or been told that the information in its transparency notice is incomplete or incorrect (Article 12(2), fifth subparagraph); section 6(6) Z 1 PolWG makes a breach an administrative offence.
- As a very large online platform or very large online search engine under Article 33 of Regulation (EU) 2022/2065, make sure every political advertisement is archived and made accessible in the content and for the time Article 13(2) of Regulation (EU) 2024/900 prescribes, have a notification procedure that meets Article 15(1) to (4) and meet the obligations under Article 15(5); section 6(6) Z 2 and 3 PolWG makes a breach an administrative offence.
- As a provider of political advertising services, comply with the duties of Articles 5(1) and (2), 6(2), 7(1), (2), (4) and (5), 9(1) to (3), 10(1) and (2), 16(1) to (5), 17(1), (3) and (5) and 21(1) and (3) of Regulation (EU) 2024/900 that section 6(1) and (5) PolWG list; a breach of each is an administrative offence.
- As a sponsor, make a truthful declaration (Article 7(1), second sentence), give complete and correct information and keep it updated (Article 7(3)), correct a declaration when asked (Article 7(4), second sentence) and pass on the information Article 9(1)(a) to (f) names to the publisher where it is the only provider of political advertising services (Article 10); section 6(2) PolWG makes a breach of each of these an administrative offence.
- As a controller, take appropriate measures to transmit free of charge the information Article 19 of Regulation (EU) 2024/900 names (Article 20); section 6(4) PolWG makes a breach an administrative offence.
If you get it wrong
Criminal exposureNo
Penalty structure
Section 6(6) PolWG: up to 100,000 euro for continuing to provide a political advertisement after finding or being told that its transparency notice is incomplete or incorrect (Z 1), and up to 500,000 euro where a very large online platform or very large online search engine fails to archive political advertisements, lacks the required notification procedure or fails to meet the Article 15(5) obligations (Z 2 and 3).
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 500,000
Who enforces it
Enforcement body
KommAustria (Kommunikationsbehörde Austria), designated as the competent authority and the penalty authority for section 6 (section 2(1)).
What this law does
The Politische-Werbung-Gesetz regulates the implementation in Austria of the obligations that arise from Regulation (EU) 2024/900 on the transparency and targeting of political advertising. Section 2(1) designates KommAustria as the competent authority, the penalty authority for section 6 and the national contact point under Article 22(9) of the Regulation.
Section 6(1) fines a provider of political advertising services with up to 20,000 euro for negligence and up to 50,000 euro for intent for the breaches it lists. Section 6(2) fines a sponsor with up to 50,000 euro for negligence and up to 100,000 euro for intent for the breaches it lists.
Section 6(3) fines a publisher of political advertising with up to 20,000 euro for negligence and up to 50,000 euro for intent for the breaches it lists, which include the provision of a political advertisement with the information Article 11 requires, the transparency notice under Article 12, archiving and access under Article 13 and the notification procedure under Article 15.
Section 6(4) fines a controller that fails to take appropriate measures to transmit information free of charge under Article 20 of the Regulation, with up to 20,000 euro for negligence and up to 50,000 euro for intent. Section 6(5) fines a provider of political advertising services with up to 100,000 euro for providing its services contrary to Article 5(2) of the Regulation or for designing its contracts contrary to Article 7(2).
Section 6(6) fines a publisher of political advertising with up to 100,000 euro for continuing to provide a political advertisement after finding or being told that its transparency notice is incomplete or incorrect, and with up to 500,000 euro where a very large online platform or very large online search engine fails to archive political advertisements as Article 13(2) provides, lacks the notification procedure Article 15(1) to (4) requires or fails to meet the obligations under Article 15(5).
Sections 1 to 5 and 7 to 10(1) have applied since , and section 6 since to facts occurring after .
When LexLint raises it
When your app profile says your app operates a social platform.