4 ms·
I dug out the original ruling and skimmed the last part of it. I have probably misunderstood a bunch, it's very long. But my tl.dr. as I understand it is that
by gnyman 3y ago
I dug out the original ruling and skimmed the last part of it. I have probably misunderstood a bunch, it's very long.
But my tl.dr. as I understand it is that IAB provides a Transparency Consent Framework[2] to its users, which includes popup cookies.
They lost a case where they argued they don't have any responsibility ( to the degree that they didn't even have a Data Privacy Officer or had done a Data Privacy Impact Assessment) for providing the IAB compliance popups. These popups were used by others in order to do gain "consent" to do real time bidding ads (and probably other things), it might be that they also provided some level of RBT.
They lost and the court said they are jointly responsible and need to fix long list of things and pay 250k euro.
IAB then appealed and the appeals court deferred it to the ECJ, who has now said that yes they do have a join responsibility.
So as I understand it, this is sadly not the death-blow to valid or invalid consent popups. But at least it might improve the UX on them.
[1] https://web.archive.org/web/20240109014435/https://www.gegevensbeschermingsautoriteit.be/publications/beslissing-ten-gronde-nr.-21-2022-english.pdf https://web.archive.org/web/20240109014435/https://www.gegev...
[2] https://iabeurope.eu/transparency-consent-framework/ https://iabeurope.eu/transparency-consent-framework/
- secondcoming 3y agoJust to clarify... the IAB does not provide cookie popups. It does however provide a spec [0] for how these are supposed to operate. Website publishers then choose which popup vendor to use. [0] https://github.com/InteractiveAdvertisingBureau/GDPR-Transparency-and-Consent-Framework/blob/master/TCFv2/IAB%20Tech%20Lab%20-%20CMP%20API%20v2.md https://github.com/InteractiveAdvertisingBureau/GDPR-Transpa...
- alkonaut 3y agoThe step we need to take is find one such vendor which delivers non compliant popups, find the customers of those popups, take the 10 biggest ones and give them a nice big fine that's big enough to scare every other business into compliance.
- MauranKilom 3y agoIf you (or anyone reading it) include yourself in that "we", you can help with taking that step by writing and/or donating to the nonprofits that are driving these cases. Like the ICCL that posted this article, or e.g. NYOB (https://noyb.eu/ https://noyb.eu/).