US EditionAppeals court confirms that tracking-based online advertising is illegal in Europe
- On 14 May 2025, the Brussels Court of Appeal determined that the use of the Transparency and Consent Framework for tracking-based online advertising does not comply with EU privacy regulations and is therefore unlawful throughout Europe.
- The ruling follows a 2022 Belgian Data Protection Authority decision and a 2024 Court of Justice of the EU judgment, both finding that the TCF fails to meet GDPR consent and transparency requirements.
- The TCF records user consent for personalized advertising mainly through real-time bidding , which shares extensive personal data, including browsing behavior, with many third parties.
- The court upheld that the TCF’s consent strings are considered personal data and ruled that IAB Europe shares responsibility as a co-controller for processing user preferences under the GDPR, resulting in a €250,000 penalty.
- This decision sets a legal precedent on data protection responsibilities in ad tech and is expected to prompt significant changes in digital advertising practices to ensure GDPR compliance.
15 Articles
15 Articles
Europe: Brussels court ruling on tracking-based ads a major win for right to privacy
Responding to the Brussels Court of Appeal ruling establishing that the consent model underpinning tracking-based advertising by Big Tech companies such as Google, Microsoft, Amazon and X in Europe is incompatible with EU privacy data law, Hannah Storey, Amnesty International Policy Advisor on Technology and Human Rights said: “This a major win for the right to privacy and a clear message that the tech industry should move away from surveillance…
“TCF” cookie consent popups violate GDPR; OSNews wants to stop using cookie popups too once we get enough Patreons – OSnews
You may not have heard of the “Transparency & Consent Framework”, but you’ve most likely interacted with it, probably on a daily basis. The TCF is used by 80% of the internet to obtain “consent” from users to collect their data and share it among advertisers – you know, the cookie popups. In a landmark EU ruling yesterday, the TCF has been declared to violate the GDPR, making it illegal. For seven years, the tracking industry has used the TCF a…
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