IAB Europe – Violation Found (Belgium, 2021)

Violation Found
Autorité de Protection des Données23 March 2021Belgium
final
Violation Found

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

IAB Europe faced a decision regarding the language used in a cross-border data protection case. The ruling changed the language of proceedings from French to Dutch, which is significant for how complaints are handled across different countries. Companies should be aware of language requirements in international data cases to ensure compliance.

What happened

The Belgian DPA's language of proceedings was changed from French to Dutch for a cross-border case.

Who was affected

Parties involved in the complaints against IAB Europe from different Member States.

What the authority found

The court upheld an agreement to allow parties to choose their preferred language for proceedings.

Why this matters

This decision illustrates the complexities of handling data protection cases across borders and the importance of language in legal proceedings. Companies should be prepared for varying requirements in different jurisdictions.

GDPR Articles Cited
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Art. 6(GDPR)
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Art. 6(GDPR)

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Full Legal Summary
Detailed

The decision of APD/GBA - 01/2021 has been appealed by several parties, a hearing was held in front of the Court of Markets. What language should the Belgian DPA use in a cross-border procedure concerning complaints by data subjects in different Member States? Pursuant to the agreement reached between the parties, as upheld by the Court of Markets in its ruling 2020/1351 of February 17, 2021, this interlocutory order, amends interlocutory order No. 01/2021 of January 8, 2021 in which it was decided that the proceedings would be held in French. The DPA changes the language of its proceedings and communication to Dutch (from French). A translation of the decision will be provided in French and English to the parties. The parties are free to chose their own language between Dutch, French and English. The DPA will not be responsible for the translation of the documents provided by the parties. On the 4th of February, an inspection report (of 13th July, 2020) was provided to the parties in French (cleanses of English wording) which replaces the previous version. IAB Europe will bind itself to not the report on the basis of the language laws. A Dutch translation was provided on the 11th of February. The identity of the parties is not withheld based on the earlier publicity of this case.

Outcome

Violation Found

The DPA found a violation but did not impose a fine.

Details

Decision Date

23 March 2021

Authority

Autorité de Protection des Données

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. IAB Europe - Belgium (2021). Retrieved from cookiefines.eu

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