The Belgian Market Court annuls APD’s decision regarding TCF

The Belgian Market Court has rejected the APD’s view that IAB Europe is a joint controller (together with TCF participants) for their respective processing of personal data for purposes such as digital advertising. This is in line with the ruling by the Court of Justice of the European Union (CJEU) in March 2024. 

The Market Court annulled the APD’s February 2022 decision, pointing to procedural irregularities and the fact that the APD failed to adequately justify why it considered TC Strings to be personal data. The Market Court’s ruling upheld only part of the APD’s decision - that IAB Europe is a joint controller, together with TCF participants, solely in relation to the creation and use of TC Strings by publishers and vendors.

IAB Europe has already proposed changes to the TCF that accommodate this limited controllership as part of its action plan, which was submitted to and validated by the APD in 2023. The plan has been on hold pending the outcome of the Belgian Market Court’s ruling, but these elements of it can now be actioned swiftly to ensure compliance with the Court’s ruling. IAB Europe will continue to keep the market updated on the case and the further development of the TCF.

Townsend Feehan, CEO of IAB Europe, commented: “This decision builds upon the CJEU’s reasoning that IAB Europe should not be viewed as a joint controller together with TCF participants in relation to subsequent data processing, so anything other than the processing of TC Strings. This is a position welcomed by IAB Europe. We hope that this will signal the time to return to a meaningful and constructive dialogue with regulators that addresses technical and practical realities. Only that will allow us all to put in place workable and useful evolutions to the TCF that will benefit both users and TCF participants.”

An updated FAQs on the case may be found on IAB Europe's website here.