In an unprecedented move, IAB Europe announced on March 15th, 2023, that the APD (Belgian Data Protection Authority) has voluntarily suspended the implementation period for IAB Europe’s action plan for six months. This decision came after IAB Europe lodged a second appeal before the Belgian Market Court against the APD’s decision to validate the action plan, amid ongoing proceedings before the Court of Justice of the European Union (CJEU).
IAB Europe’s action plan was surprisingly validated by the APD on January 11th, 2023, with a six-month deadline for implementation (July 11th, 2023). The validation occurred while several key points were being examined by the CJEU, following IAB Europe’s appeal against the APD’s February 2022 decision before the Belgian Market Court.
The voluntary suspension by the APD of the implementation of the action plan was essential to prevent the APD from preempting the CJEU’s response and avoid implementation of changes to the Transparency and Consent Framework (TCF) that may need to be rolled back when the CJEU’s ruling is rendered.
If the Belgian Market Court upholds the APD’s validation decision of January 2023, despite the pending appeal against the February 2022 decision, the implementation period will resume at that time. This would postpone the deadline for implementation to Q4 2023 instead of July 11th, 2023.
IAB Europe’s CEO, Townsend Feehan, commented on the situation: “The APD’s validation of the action plan was a welcome confirmation of the legality of the TCF, but its timing had raised legitimate concerns. Given the impact of that referral on the foundations of the APD’s decision of last year, and by extension on the action plan, that deadline in practice could have robbed the referral of its utility.”
IAB Europe is pleased that the voluntary suspension by the APD will enable the release of sustainable improvements to the TCF pending the decision of the Belgian Market Court. As the deadline of July 11th, 2023, ceases to apply, IAB Europe will move forward with various iterations to the TCF that are less directly impacted by the CJEU procedure.
IAB Europe has updated its FAQ regarding the TCF, which can be found on its website. More information regarding these iterations and their timing will be provided at a later stage to enable TCF participants to prepare for them. The Belgian Market Court’s ruling on this second appeal is expected at the end of Q2 or the beginning of Q3 2023.
