Court case Tussenarrest 2022/AR/292 – Court Ruling (Belgium, 2022)

Court Ruling
DPA HofvanBeroep7 September 2022Belgium
final
Court Ruling

A Belgian court ruled that IAB Europe's consent framework for online ads did not comply with GDPR rules. The court found that IAB failed to properly inform users and obtain valid consent for tracking cookies. This decision highlights the importance of clear consent practices for businesses using digital advertising tools.

What happened

IAB Europe's consent framework for digital ads did not meet GDPR standards for user consent and information.

Who was affected

Internet users whose data was processed through IAB's consent framework without proper consent.

What the authority found

The court decided that IAB Europe did not have a valid legal basis for processing personal data, violating GDPR's requirements for transparency and consent.

Why this matters

This ruling emphasizes that companies must ensure their consent mechanisms are clear and compliant with GDPR. Businesses using similar frameworks should review their practices to avoid legal issues.

GDPR Articles Cited

Art. 6 GDPR
Art. 12 GDPR
Art. 13 GDPR
Art. 14 GDPR
Art. 24 GDPR
Art. 25 GDPR
Art. 30 GDPR
Art. 32 GDPR
Art. 35 GDPR
Art. 37 GDPR
Art. 38 GDPR
Art. 39 GDPR
Art. 4(1) GDPR
Art. 4(7) GDPR
Art. 5(1)(a) GDPR
Art. 5(1)(f) GDPR
Decision AuthorityHof van Beroep
Full Legal Summary
Detailed

The Transparency and Consent Framework (TCF) failed to obtain proper consent for third-party cookies and provided unclear information about data processing.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Violations (3)

Third-Party Cookies Without Consent
critical

Third-party tracking cookies or scripts are loaded without obtaining prior user consent.

Art. 13, 14 GDPR

Unclear Cookie Information
high

The cookie banner or cookie policy provides vague, incomplete, or unclear information about what cookies are used and why.

Art. 12, 13 GDPR

Misleading Banner Messaging
critical

The cookie banner uses misleading language to trick or pressure users into accepting cookies (dark patterns).

Art. 7 GDPR

Related Cases (0)

No other cases found for Court case Tussenarrest 2022/AR/292 in BE

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

7 September 2022

Authority

DPA HofvanBeroep

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
AI-verified and classified
Cookie relevance: 80%

Cite as: Cookie Fines. Court case Tussenarrest 2022/AR/292 - Belgium (2022). Retrieved from cookiefines.eu

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