As I read it (in an English translation here), an appeals court in Brussels ruled consent notifications on websites illegal (or close enough) in the EU. Your interpretation may vary. Here are some sources I’ve gathered to help with that:
- Jamie Smith: Targeting ads using Real Time Bidding is now illegal, and how will we know which AI is which?
- Belgian Data Protection Authority (which won the appeal): The Market Court rules in the IAB Europe case
- Digiday: WTF just happened to the IAB Europe’s TCF — and what does it mean for targeted ads in the EU?
- Global Law Today: In a landmark decision, the Belgian Court of Appeal has upheld the Belgian Data Protection Authority’s (DPA) ruling that the Transparency & Consent Framework (TCF), developed by IAB Europe, violates the General Data Protection Regulation (GDPR).
- Sirdata: TCF: The Belgian Market Court annuls the APD’s decision against IAB Europe…
- PPCland: Belgian court limits IAB Europe’s role in TCF framework
- Privacy Matters—DLA Piper’s Global Privacy and Data Protection Resource: EU: Brussels Court of Appeal rules on IAB Europe and the TC String – Implications for GDPR Compliance
- Digital Information World: Digital Ads Face Overhaul After Belgian Ruling Invalidates Transparency and Consent Framework
- Digital Policy Alert: Belgium: Market Court issued ruling classifying the Transparency and Consent String as personal data under Interactive Advertising Bureau’s Transparency and Consent Framework
- Adblock: Understanding the Belgian Market Court Ruling on IAB Europe’s TCF
- IAB Europe (which lost the appeal): Belgian Market Court Confirms Limited Role of IAB Europe In The TCF
My dream for what happens next is that we reverse the whole consent process, based on IEEE P7012, aka MyTerms:
That’s your agent on the left. On the right might be any of the world’s sites and services. What you both agree to is a contract that you proffer as the first party, choosing one published at Customer Commons or the equivalent, on the Creative Commons model.
I now believe more than ever that MyTerms is the most important standard in development today.
Let’s prove it.
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