In short. DSA Article 26 requires covered online platforms to identify each ad, its sponsor and any different payer, with accessible information about audience selection.
Definition: As of 17 October 2026, Article 26 of the Digital Services Act (DSA) requires online platforms within its scope to make each advertisement identifiable and disclose the person it is presented for, any different payer, and information about audience selection.
Key facts
- Article 26 of the DSA requires clear, concise, unambiguous identification in real time for each specific ad shown to each individual recipient.
- The European Commission’s explanation of online protections describes ad labelling and information about who places an ad and why the recipient sees it.
- The Commission’s DSA questions and answers identify public advertising repositories as an additional obligation for very large online platforms and very large online search engines.
What must appear with an advertisement?
Article 26(1) requires recipients to identify that the information is an advertisement, including through prominent markings. It also requires identification of the natural or legal person on whose behalf the ad appears. If someone else pays for the ad, that payer must also be identifiable. Sponsor and payer information therefore describe potentially different parties.
Meaningful information about the main parameters used to select the recipient must be directly and easily accessible from the ad. Where applicable, this includes how to change those parameters. These requirements concern each individual advertisement and recipient, so a general advertising policy alone cannot supply the required ad-specific identification.
Article 26 is titled “Advertising on online platforms.”
Which services fall within this requirement?
Article 3(i) of the DSA defines an online platform as a hosting service that stores information at a recipient’s request and disseminates it to the public, subject to an exception for minor ancillary features. Article 3(r) defines an advertisement as information promoted on a platform’s interface against remuneration specifically for that promotion. The definition covers commercial and non-commercial purposes.
Article 2 covers intermediary services offered to recipients established or located in the European Union, irrespective of the provider’s location. Article 26 addresses providers of online platforms presenting ads on their interfaces. Applying it to an AI search surface therefore requires examination of the service’s legal classification.
Article 19 generally excludes platform providers qualifying as micro or small enterprises under the referenced Commission recommendation from the section containing Article 26. It also provides a transitional exclusion for twelve months after loss of that status, with an exception for very large online platforms. Designation as a very large online platform overrides the size exemption. An advertiser’s own business size does not determine the platform provider’s exemption.
How are user-declared commercial communications handled?
Article 26(2) requires platforms to provide a function through which recipients declare whether their content is or contains commercial communications. Once a declaration is submitted, the platform must make that commercial character identifiable to other recipients clearly, unambiguously and in real time, including through prominent markings.
For a business publishing commercial content on a covered platform, the relevant mechanism is this declaration function. The statutory duty to provide it and display the resulting identification rests with the platform provider.
Related terms
- DSA advertising repositories
- DSA recommender system transparency
- Which ad disclosures can the DSA require on an AI search surface?
FAQ
Must the sponsor and payer both be identified?
Under Article 26(1)(b) and (c), the person on whose behalf the ad appears must be identifiable. A separate payer must also be identifiable when those parties differ.
Does Article 26 itself require a public advertising archive?
The repository duty appears in Article 39 of the same regulation and covers very large online platforms and very large online search engines presenting ads. It requires a searchable public repository, also accessible through application programming interfaces, throughout an ad’s display and for one year after its last appearance.
Sources
- European Parliament and Council, "Regulation (EU) 2022/2065 (Digital Services Act)", 19 October 2022
- European Commission, "How the EU protects you online", undated
- European Commission, "Digital Services Act: Questions and Answers", undated
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