IAB Europe announced today that it has officially requested interim measures in the Transparency and Consent (TCF) dispute with the Belgian Market Court. This comes after the Belgian Data Protection Authority (APD) decided to approve the action plan IAB Europe presented on April 1, 2022, as one of the requirements under the Authority’s judgment from February 2022.
Following a referral by the Belgian Market Court in September 2022, this validation was surprisingly announced on January 11, 2023, while outstanding issues are being reviewed by the Court of Justice of the European Union (CJEU). The Belgian Market court found that the APD had violated its duty of care in that same ruling, casting doubt on the APD’s judgment from February 2022.
The plan must be put into action within six months, by July 11, 2023, a date by which the CJEU has not yet issued its decision. IAB Europe is requesting interim steps to stop the APD from imposing the implementation of revisions to the TCF that may need to be rolled back when the CJEU’s judgment is given, so that it can continue with various versions of the TCF that are less directly affected by the CJEU procedure. This formal request proved to be essential because the APD has not made it apparent that it is prepared to speak with IAB Europe about its decision and appears unlikely to do so before July 11th, 2023.
“If the European Court finds that IAB Europe is not a (joint) data controller and/or the TC String is not personal data, the steps taken in the action plan that are premised on these findings – steps that will need to be taken by vendors, CMPs and thousands of publishers, in addition to IAB Europe – will have to be rolled back. Companies will have wasted resources and made changes to their business practices, while consumers will be negatively impacted and misled through multiple adjustments.” noted Townsend Feehan, IAB Europe CEO.
“The APD’s approval of the action plan in its entirety is an important and welcome confirmation of the legality of the TCF. IAB Europe is moving ahead with positive changes to the TCF that are less impacted by the referral to the CJEU,” continued Feehan. “Pursuing interim measures will allow a serene completion of the remaining legal proceedings on the points that are significantly impacted.”
On the website of IAB Europe, you may find an updated FAQ about the TCF, click here.
