Appeals court confirms that tracking-based online advertising is illegal in Europe

Engadget - May 14th, 2025
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The Belgian Court of Appeal has ruled that the Transparency and Consent Framework (TCF), a key component of most online advertising, is illegal under EU law. This decision supports the 2022 findings of the Belgian Data Protection Authority, which stated that the TCF violates the General Data Protection Regulations (GDPR). The TCF was developed by the Interactive Advertising Bureau (IAB) to standardize how websites obtain user consent for tracking. The ruling suggests that the current consent system, used by major tech companies like Google and Amazon, misleads Europeans, as highlighted by Dr. Johnny Ryan of the Irish Council for Civil Liberties.

The decision represents a significant win for privacy advocates and may lead to changes in how online advertising operates in the EU. While IAB Europe is relieved it hasn't been held accountable for data collected through TCF, the organization must revise its framework to comply with GDPR. This ruling's implications are far-reaching for advertisers using real-time bidding technology, as regulators will likely oversee updates to the TCF. The exact changes and future of consent pop-ups remain uncertain, but the decision underscores the ongoing tension between digital privacy and advertising practices in the EU.

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RATING

7.6
Fair Story
Consider it well-founded

The article provides a well-rounded overview of the Belgian Court of Appeal's ruling on the Transparency and Consent Framework and its implications under GDPR. It accurately reports on the court's decision and presents perspectives from both privacy advocates and industry representatives, offering a balanced view of the situation. The article is timely and addresses a topic of significant public interest, particularly in the context of ongoing debates about digital privacy and data protection.

While the article is clear and well-structured, it could benefit from more detailed information on the specific legal aspects of the ruling and the proposed changes to the TCF. Including more diverse sources and perspectives, particularly from major advertisers affected by the ruling, would enhance the article's depth and engagement. Overall, the article effectively informs readers about a complex and important issue, but there is room for further exploration of the topic's broader implications and controversies.

RATING DETAILS

8
Accuracy

The article accurately reports on the Belgian Court of Appeal's ruling regarding the Transparency and Consent Framework (TCF) and its implications under the General Data Protection Regulations (GDPR). The story correctly states that the court upheld the Belgian Data Protection Authority's findings, which deemed the TCF illegal under GDPR principles. The article also accurately notes that IAB Europe was not found to be a joint controller with TCF participants, which aligns with the court's decision.

However, the article could benefit from more precise details about the specific GDPR principles that were violated and the exact legal reasoning behind the court's decision. Additionally, while the article mentions potential changes to the TCF proposed by IAB Europe, it does not provide detailed information on what these changes entail or their current status. Overall, the article is factually sound but could be improved with more comprehensive details in certain areas.

7
Balance

The article presents a balanced view by including perspectives from both privacy advocates, such as Dr. Johnny Ryan, and industry representatives like IAB Europe. Dr. Ryan's critical stance on the current consent system is juxtaposed with IAB Europe's relief at not being found a joint controller, providing readers with a range of viewpoints.

However, the article could improve by including more voices from major advertisers affected by the ruling, such as Google, Amazon, and Microsoft. While it mentions reaching out to these companies for comment, their perspectives are not included in the article, which could have enriched the discussion and provided a more comprehensive view of the situation.

8
Clarity

The article is well-structured and written in clear, concise language. It effectively explains complex topics such as the Transparency and Consent Framework and the General Data Protection Regulations, making them accessible to a general audience.

The article maintains a neutral tone throughout, which aids in clarity and comprehensibility. However, it could improve by providing more background information on the legal proceedings leading up to the court's decision, which would help readers unfamiliar with the topic gain a fuller understanding of the context.

8
Source quality

The article relies on credible sources, such as the Belgian Court of Appeal's ruling and statements from IAB Europe and Dr. Johnny Ryan, a known figure in privacy advocacy. These sources are relevant and authoritative in the context of the topic.

However, the article could enhance its source quality by including direct quotes or statements from the Belgian Data Protection Authority or legal experts in GDPR to provide deeper insights into the legal aspects of the ruling. Overall, the sources used are reliable but could be more diverse to strengthen the article's authority.

7
Transparency

The article is transparent in its reporting, clearly stating the court's decision and the reactions from involved parties. It mentions reaching out to major advertisers for comment, which demonstrates an effort to provide a comprehensive view of the situation.

However, the article lacks detailed information on the methodology used to obtain its information, such as the specific legal documents reviewed or the experts consulted. Greater transparency in these areas would enhance the article's credibility and allow readers to better understand the basis of the claims presented.

Sources

  1. https://www.myjournalcourier.com/news/world/article/court-rules-in-favor-of-the-new-york-times-over-20326482.php
  2. https://iabeurope.eu/belgian-market-court-confirms-limited-role-of-iab-europe-in-tcf/
  3. https://www.dataprotectionauthority.be/citizen/the-market-court-rules-in-the-iab-europe-case
  4. https://technologyquotient.freshfields.com/post/102kaz6/belgian-dpas-new-fatca-ruling-adds-pressure-on-eu-us-data-transfers
  5. https://www.engadget.com/big-tech/appeals-court-confirms-that-tracking-based-online-advertising-is-illegal-in-europe-223714124.html