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ARTICLE · 28 MARCH 2024

Choppy Waters: Recent Privacy Developments In Targeted Advertising On Both Sides Of The Atlantic

Global Advertising Lawyers Alliance (GALA)
Explore more from Global Advertising Lawyers Alliance (GALA)

Recent privacy developments on both sides of The Pond make it clear that targeted advertising is becoming more challenging in both the United States and Europe.

GlobalMedia, Telecoms, IT, Entertainment
Gary Kibel (Davis & Gilbert LLP)
Gary Kibel (Davis & Gilbert LLP)
Emily Catron (Davis Gilbert LLP)
Emily Catron (Davis Gilbert LLP)
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Recent privacy developments on both sides of The Pond make it clear that targeted advertising is becoming more challenging in both the United States and Europe. The latest Interactive Advertising Bureau (IAB) Europe's Transparency and Consent Framework (TCF) decision clarifies IAB Europe's role under the General Data Protection Regulation (GDPR) framework. Meanwhile, in the U.S., competing and shifting regulatory frameworks continue to foster uncertainty in the advertising technology landscape.

The Latest TCF Decision: IAB Europe May Operate as Joint Controller

The recent decision by the Court of Justice of the European Union (CJEU) provided clarity on IAB Europe's role within the TCF framework. The TCF is an industry-designed mechanism to facilitate obtaining a GDPR compliant legal basis to process data, such as cookies, within the ad tech ecosystem, underlying many targeted advertising practices.

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