Observed Signal · Feb 15, 2022 · Regulation · Source: CMSWire · Impact: 4/5 · Sentiment: Negative
IAB Europe to Appeal Belgian DPA GDPR Consent Ruling
IAB Europe has confirmed it will appeal the Belgian Data Protection Authority's (DPA) administrative ruling against its Transparency & Consent Framework (TCF) to the Belgian Market Court. The Belgian DPA found the TCF, which manages user consent for personalized advertising, violates several provisions of the GDPR and determined that IAB Europe acts as a joint controller for profiling and other data processing by TCF vendors in the context of OpenRTB real-time bidding. The DPA said information provided through Consent Management Platform interfaces is too generic and vague for users to maintain control over their personal data, and that the TCF lacks organizational and technical measures for data protection by design. IAB Europe CEO Townsend Feehan called the ruling a misunderstanding of the facts and a misapplication of the law. The DPA did not order IAB Europe to discontinue use of the TCF while it submits a compliance plan.
The Belgian DPA's ruling against IAB Europe's TCF challenges the core consent infrastructure underpinning GDPR-compliant programmatic advertising in Europe; the appeal will determine the legal framework for the entire digital ad industry.
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Key Takeaways & Evidence Grounding
- IAB Europe confirmed it will appeal the Belgian DPA's administrative ruling to the Belgian Market Court.
- The Belgian DPA ruled that IAB Europe's Transparency & Consent Framework (TCF) violates several GDPR provisions.
- The DPA found IAB Europe acts as a joint controller for data processing by TCF vendors in the OpenRTB real-time bidding context.
- IAB Europe CEO Townsend Feehan stated the ruling is based on a misunderstanding of the facts and a misapplication of the law.
- The Belgian DPA did not order IAB Europe to discontinue TCF use pending submission of a plan to the DPA.
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