Political opinions are considered particularly sensitive data and are subject to special protection under the General Data Protection Regulation (GDPR). Processing such data is generally prohibited unless valid consent has been obtained or the processing is carried out by nonprofit organizations—such as political parties—and concerns their members or individuals who are in regular contact with the organization.
New EU Rules: The TTPW Regulation
Starting in October 2025, new binding requirements for political advertising—offline, online, and on social media—will apply throughout the EU. Political advertising is defined as any political message disseminated in exchange for payment or benefits in kind. The EU Regulation on the Transparency and Targeting of Political Advertising (TTPW Regulation) governs, among other things:
Transparency requirement: All political advertising must be identified as such. The advertiser, funding source, context, and other information must be disclosed and made easily accessible to the recipient. When targeting is used, the criteria employed must be made transparent.
Targeting: To target individuals, only personal data collected directly from those individuals may be used, and explicit consent for that purpose must be obtained. Sensitive data such as political opinion, religion, or ethnic origin may not be used for targeting in election advertising.
Jurisdiction for the TTPW Regulation
For data controllers based in Lower Saxony, the State Data Protection Commissioner of Lower Saxony is responsible for monitoring compliance with Articles 18 and 19 of the TTPW Regulation regarding targeting and transparency. Data subjects may file complaints with this authority. Additional responsibilities lie with the Digital Services Coordinator (DSC) of the Federal Network Agency and with the state media authorities.
Legal Notice Requirement for Election Campaigning
Publications issued by electoral campaign organizations in connection with elections (e.g., posters, flyers) are printed materials within the meaning of the Lower Saxony Press Act (NPresseG). They are subject to the legal notice requirement under § 8 NPresseG. A violation of the legal notice requirement constitutes an administrative offense.