CJEU ruling needed in assessment of TCF action plan

11/09/2023 | IAB Europe

The Belgian Market Court has suspended its assessment of the validation decision made by the Belgian Data Protection Authority (APD) in January 2023, following IAB Europe's appeal against it. The Market Court has referred questions to the Court of Justice of the European Union (CJEU) for a preliminary ruling and has held that the APD was in breach of its duty of care. IAB Europe filed a second appeal to prevent the APD from pre-empting the referral to the CJEU and to ensure that future iterations of the Transparency and Consent Framework (TCF) are sustainable and aligned with EU-level interpretations of the EU General Data Protection Regulation (GDPR). The Market Court's judgement allows for a completion of the remaining legal proceedings and removes the risk of introducing changes to the TCF that may ultimately be found inappropriate by the CJEU and rolled back.

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