Thursday, May 15, 2025

I wonder if anyone had bothered to anticipate this ruling?

https://www.iccl.ie/digital-data/eu-ruling-tracking-based-advertising-by-google-microsoft-amazon-x-across-europe-has-no-legal-basis/

EU ruling: tracking-based advertising by Google, Microsoft, Amazon, X, across Europe has no legal basis

Google, Microsoft, Amazon, X, and the entire tracking-based advertising industry rely on the “Transparency & Consent Framework” (TCF) to obtain “consent” for data processing. This evening the Belgian Court of Appeal ruled that the TCF is illegal. The TCF is live on 80% of the Internet.[1]

For seven years, the tracking industry has used the TCF as a legal cover for Real-Time Bidding (RTB), the vast advertising auction system that operates behind the scenes on websites and apps. RTB tracks what Internet users look at and where they go in the real world. It then continuously broadcasts this data to a host of companies, enabling them to keep dossiers on every Internet user.[2] Because there is no security in the RTB system it is impossible to know what then happens to the data. As a result, it is also impossible to provide the necessary information that must accompany a consent request.[3]

Today’s judgement confirms the Belgian Data Protection Authority’s 2022 decision. It applies immediately across Europe.

Dr Ryan of Enforce said “This decision is momentous. It creates a clear need for industry to innovate and move away from the dangerous, ineffective, and fraud-riddled tracking-based advertising. RTB can operate without personal data. This decision shows that it must. This good news for every person online, and for publishers, too.”



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