The Market Court decided today to refer preliminary questions to the Court of Justice of the European Union in the appeal that IAB Europe had filed against decision 21/2022 of the Belgian Data Protection Authority (BE DPA).
The Belgian data protection authority is concerned about developments that could threaten its independence. These include a preliminary draft law to amend the current BE DPA law, and the lack of resources allocated to it. The DPA has expressed its concerns in an opinion published today, that she also forwarded to the Court of Audit, the Council of State, as well as to the European Commission and the other European supervisors assembled in the European Data Protection Board (EDPB). The BE DPA is of course ready to contribute constructively to the adaptation of the preliminary draft law.
The BE DPA to restore order to the online advertising industry: IAB Europe held responsible for a mechanism that infringes the GDPR
The Belgian DPA has found that the Transparency and Consent Framework (TCF), developed by IAB Europe, fails to comply with a number of provisions of the GDPR. The TCF is a widespread mechanism that facilitates the management of users’ preferences for online personalised advertising, and that plays a pivotal role in the so called Real Time Bidding (RTB). The BE DPA imposed a €250.000 fine to the company, and gives IAB Europe two months to present an action plan to bring its activities into compliance.
The Belgian Data Protection Authority has finalized its draft decision in the case against IAB Europe. Its European counterparts have been notified about this, and now have 4 weeks to provide the BE DPA with potential feedback on the draft.
The Court of Justice of the European Union ruled today in the case between Facebook and the BE Data Protection Authority, which has been ongoing since 2015.