IAB Europe – Violation Found (Belgium, 2021)
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
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 tracking cookies or scripts are loaded without obtaining prior user consent.
Art. 13, 14 GDPR
The cookie banner or cookie policy provides vague, incomplete, or unclear information about what cookies are used and why.
Art. 12, 13 GDPR
The cookie banner uses misleading language to trick or pressure users into accepting cookies (dark patterns).
Art. 7 GDPR
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.
Similar Cases
Enforcement actions with similar violations
Details
Decision Date
8 January 2021
Authority
Autorité de Protection des Données
Enforcement Tracker ID
ETid-1051
GDPRhub ID
gdprhub-3084About this data
Cite as: Cookie Fines. IAB Europe - Belgium (2021). Retrieved from cookiefines.eu
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