IAB Europe – Violation Found (Belgium, 2021)

Violation Found
Autorité de Protection des Données8 January 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.

The complainants, Johnny Ryan, Pierre Dewitte, Jeff Ausloos, Bruno Bidon, Panoptykon (NGO), Bits of Freedom (NGO) and La Ligue des Droits de l'Homme, filed several complaints against the Interactive Advertising Bureau Europe (IAB Europe) for various GDPR violations (including the principles of legality, transparency and fairness, minimisation and security among others). In total, 4 complaints were filed before the ADP and 5 before other data protection authorities through the IMI ( Internal Market Information) system. These complaints were therefore joint into one investigation. As this is an international issue with complainants residing in various Member States, the Belgian DPA provides an interlocutory decision on the language of the procedure. What language should the Belgian DPA use in a cross-border procedure concerning complaints by data subjects in different Member States? The Belgian DPA outlined that it must first consider what language the complainants used to communicate with the DPA and what language the DPA used to communicate with them. As Article 30 of the Belgian Constitution provides for "linguistic liberty", the complainant can address the DPA in any language. However, in terms of the language for a procedure, Article 57 of the Law on the creation of the data protection authority (Loi portant création de l'Autorité de protection des données) states that the DPA uses the language "in which the proceedings are conducted according to the specific needs of the case". The complainants argued that Article 57 of the Law on the creation of the DPA was contrary to the constitutional provision cited above. However, the DPA held that it was not competent to address the legality of the Law in relation to the Constitution. It therefore went on to say that, Article 57 of the Law, read in combination with Article 60 of the same Law, provide that procedures must be conducted in one of the national languages. In this context, the DPA noted that it general

GDPR Articles Cited

National Law Articles

Article 30 Constitution Belge
Article 57 Loi portant création de l'Autorité de protection des données
Article 60 Loi portant création de l'Autorité de protection des données
Full Legal Summary

The complainants, Johnny Ryan, Pierre Dewitte, Jeff Ausloos, Bruno Bidon, Panoptykon (NGO), Bits of Freedom (NGO) and La Ligue des Droits de l'Homme, filed several complaints against the Interactive Advertising Bureau Europe (IAB Europe) for various GDPR violations (including the principles of legality, transparency and fairness, minimisation and security among others). In total, 4 complaints were filed before the ADP and 5 before other data protection authorities through the IMI ( Internal Market Information) system. These complaints were therefore joint into one investigation. As this is an international issue with complainants residing in various Member States, the Belgian DPA provides an interlocutory decision on the language of the procedure. What language should the Belgian DPA use in a cross-border procedure concerning complaints by data subjects in different Member States? The Belgian DPA outlined that it must first consider what language the complainants used to communicate with the DPA and what language the DPA used to communicate with them. As Article 30 of the Belgian Constitution provides for "linguistic liberty", the complainant can address the DPA in any language. However, in terms of the language for a procedure, Article 57 of the Law on the creation of the data protection authority (Loi portant création de l'Autorité de protection des données) states that the DPA uses the language "in which the proceedings are conducted according to the specific needs of the case". The complainants argued that Article 57 of the Law on the creation of the DPA was contrary to the constitutional provision cited above. However, the DPA held that it was not competent to address the legality of the Law in relation to the Constitution. It therefore went on to say that, Article 57 of the Law, read in combination with Article 60 of the same Law, provide that procedures must be conducted in one of the national languages. In this context, the DPA noted that it general

Outcome

Violation Found

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

Violations (4)

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

No Granular Cookie Choice
high

Users cannot select or deselect individual cookie categories; consent is presented as all-or-nothing.

Art. 4(11) GDPR

Related Enforcement Actions (0)

No other enforcement actions found for IAB Europe in BE

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

Details

Decision Date

8 January 2021

Authority

Autorité de Protection des Données

Enforcement Tracker ID

ETid-1051

GDPRhub ID

gdprhub-3084

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. IAB Europe - Belgium (2021). Retrieved from cookiefines.eu

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