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The Belgian Court of Appeal has upheld a ruling that the Transparency and Consent Framework (TCF), widely used for online advertising across the European Union, along with the technologies underpinning it, violates multiple provisions of the General Data Protection Regulation (GDPR), which came into force in 2018. This decision reaffirms the 2022 judgment issued by the Belgian Data Protection Authority.
The TCF—commonly implemented in digital advertising—was developed by the Interactive Advertising Bureau (IAB) to outline how websites solicit user consent for tracking activities. However, in 2022, the Belgian regulator determined that this framework contravenes GDPR requirements.
The court’s decision may have far-reaching implications for major tech companies such as Google, Amazon, and Microsoft, whose business models heavily rely on online advertising. EU regulatory bodies may now compel the IAB to revise the TCF to ensure its alignment with data protection laws within the Union.
In response, the IAB has announced its intention to amend the TCF and submit the revised framework to the Belgian Data Protection Authority, with the goal of ensuring that digital advertising practices within the EU comply more fully with regional legal standards.
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