APD Ruling Clears Way For Work on Developing TCF into a Formal GDPR Code of Conduct: IAB Europe Statement on the APD Decision Announced Today

2nd February, Brussels, Belgium: IAB Europe acknowledges the decision announced today by the Belgian Data Protection Authority (APD) in connection with its investigation of IAB Europe.  We note that the decision contains no prohibition of the Transparency & Consent Framework (TCF), as had been requested by the complainants, and that the APD considers the purported infringements by IAB Europe that it has identified to be susceptible of being remedied in six months.

We reject the finding that we are a data controller in the context of the TCF.  We believe this finding is wrong in law and will have major unintended negative consequences going well beyond the digital advertising industry.  We are considering all options with respect to a legal challenge.

Notwithstanding our grave reservations on the substance of the decision, we look forward to working with the APD on an action plan to be executed within the prescribed six months that will ensure the TCF’s continuing utility in the market.  As previously communicated, it has always been our intention to submit the Framework for approval as a GDPR transnational Code of Conduct. Today’s decision would appear to clear the way for work on that to begin.

For more information on the APD decision on IAB Europe and the TCF, please visit our FAQ document here.

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