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ARTICLE · 28 NOVEMBER 2022

Adtech's ‘compliance Theatre' May Be Heading For Its Final Curtain

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

Joint managing partners: Jo Farmer, Richard Miskella International offices: Dublin, Hong Kong...

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IAB Europe ("IAB") operates the Transparency and Consent Framework ("TCF") which is designed so that participants in the adtech ecosystem can be transparent with users about how their data...

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On 7 September 2022 the Brussels Court of Appeal dismissed numerous grounds of IAB Europe's appeal from a decision of the Belgian Data Protection Authority – Autorité de protection des données ("APD") – and referred various questions relating to fundamental concepts of the GDPR to the Court of Justice of the European Union ("CJEU").

How did we get here?

IAB Europe ("IAB") operates the Transparency and Consent Framework ("TCF") which is designed so that participants in the adtech ecosystem can be transparent with users about how their data is used and obtain a lawful basis, including their consent, for its use. The TCF works by using consent management platforms ("CMPs"), which is what users interact with in order to indicate their preferences. Those CMPs then generate a Transparency and Consent String ("TC String") of letters and numbers which contain that users' chosen preferences. The TC String is what can then be shared within the ecosystem to inform all

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