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> the Market Court annulled the BE DPA's decision 21/2022 on procedural grounds. It's a win for advertisers. The court says, the logic holds, but the advertise

> the Market Court annulled the BE DPA's decision 21/2022 on procedural grounds. It's a win for advertisers. The court says, the logic holds, but the advertisers will not be fined and will not have to follow the 21/2022 decision.

mschuster91 1y ago
> The court says, the logic holds, but the advertisers will not be fined. That's common in European jurisdiction. We tend to operate on a "first strike is free" principle, especially in contested / purposefully left unclear legal environments. Only when the case law is clear, it can be shown that a law was intentionally exploited or broken or it's a repeat offender, then we bring the hammer down.
- raverbashing 1y ago
  Really? But from what HN told me, any minor violation of the GDPR would be met with a multi-million fine and the GDPR police blasting your doors to arrest everybody /s
  - mschuster91 1y ago
    The problem is, many people on HN are Americans and assume that the way their jurisdiction works should be an example for everyone else to follow. Our political and legal system prefers self-regulation first, if that doesn't work then regulation will be introduced, the first offenders will get a slap on the wrist to clarify for everyone what the courts' lines on interpreting the law are, and only then the fines follow.
    - raverbashing 1y ago
      Yup, pretty much this
  - jaoane 1y ago
    In this case the fine was annulled because the procedure wasn’t followed correctly by the public defenders. I can assure you that if the procedure is followed the way it should be you will be fined for any kind of violation of the GDPR no matter how small you are. I don’t know where you are getting from this “you can violate the law for free the first time”. I know HN likes to defend the EU any way it can (not because they love the EU but because they hate the US because they dared to choose a leader they don’t like), but this is absolute bs.
    - mschuster91 1y ago
      > I can assure you that if the procedure is followed the way it should be you will be fined for any kind of violation of the GDPR no matter how small you are. That depends! If it is an innocent violation or the offender is a small business, no court will hand down the top end of the fines. Only if you are someone like, say, Facebook and intentionally piss off the EU, then you will be in the deeper end of the trouble. > I know HN likes to defend the EU any way it can (not because they love the EU but because they hate the US because they dared to choose a leader they don’t like), but this is absolute bs. European HNers tend to defend the EU not because of their current leadership, we already did this during the Biden and Obama terms. We defend Europe because we believe that a lot of what the US does (both its relevant economic players and its politicians) is utterly counterproductive, if not outright harmful.
      - jaoane 1y ago
        > That depends! If it is an innocent violation or the offender is a small business, no court will hand down the top end of the fines. So you admit you will be fined? Good we’re on the same page.
        troupo 1y ago
        No you won't. You will be asked to fix the violation first. If it goes to court, then you're likely to be fined.
yorwba 1y ago
"Although decision 21/2022 is annulled for procedural reasons, the Market Court endorses the reasoning of the Belgian DPA and confirms the fine of 250,000 euros imposed. However, the Court rejects the BE DPA's conclusion that IAB Europe acts as (joint) data controller for the processing operations that take place entirely within the OpenRTB protocol." https://www.dataprotectionauthority.be/citizen/the-market-court-rules-in-the-iab-europe-case https://www.dataprotectionauthority.be/citizen/the-market-co... It's not a pure win.

mschuster91 1y ago

> The court says, the logic holds, but the advertisers will not be fined. That's common in European jurisdiction. We tend to operate on a "first strike is free" principle, especially in contested / purposefully left unclear legal environments. Only when the case law is clear, it can be shown that a law was intentionally exploited or broken or it's a repeat offender, then we bring the hammer down.

raverbashing 1y ago
Really? But from what HN told me, any minor violation of the GDPR would be met with a multi-million fine and the GDPR police blasting your doors to arrest everybody /s
- mschuster91 1y ago
  The problem is, many people on HN are Americans and assume that the way their jurisdiction works should be an example for everyone else to follow. Our political and legal system prefers self-regulation first, if that doesn't work then regulation will be introduced, the first offenders will get a slap on the wrist to clarify for everyone what the courts' lines on interpreting the law are, and only then the fines follow.
  - raverbashing 1y ago
    Yup, pretty much this
- jaoane 1y ago
  In this case the fine was annulled because the procedure wasn’t followed correctly by the public defenders. I can assure you that if the procedure is followed the way it should be you will be fined for any kind of violation of the GDPR no matter how small you are. I don’t know where you are getting from this “you can violate the law for free the first time”. I know HN likes to defend the EU any way it can (not because they love the EU but because they hate the US because they dared to choose a leader they don’t like), but this is absolute bs.
  - mschuster91 1y ago
    > I can assure you that if the procedure is followed the way it should be you will be fined for any kind of violation of the GDPR no matter how small you are. That depends! If it is an innocent violation or the offender is a small business, no court will hand down the top end of the fines. Only if you are someone like, say, Facebook and intentionally piss off the EU, then you will be in the deeper end of the trouble. > I know HN likes to defend the EU any way it can (not because they love the EU but because they hate the US because they dared to choose a leader they don’t like), but this is absolute bs. European HNers tend to defend the EU not because of their current leadership, we already did this during the Biden and Obama terms. We defend Europe because we believe that a lot of what the US does (both its relevant economic players and its politicians) is utterly counterproductive, if not outright harmful.
    - jaoane 1y ago
      > That depends! If it is an innocent violation or the offender is a small business, no court will hand down the top end of the fines. So you admit you will be fined? Good we’re on the same page.
      - troupo 1y ago
        No you won't. You will be asked to fix the violation first. If it goes to court, then you're likely to be fined.

yorwba 1y ago

"Although decision 21/2022 is annulled for procedural reasons, the Market Court endorses the reasoning of the Belgian DPA and confirms the fine of 250,000 euros imposed. However, the Court rejects the BE DPA's conclusion that IAB Europe acts as (joint) data controller for the processing operations that take place entirely within the OpenRTB protocol." https://www.dataprotectionauthority.be/citizen/the-market-court-rules-in-the-iab-europe-case https://www.dataprotectionauthority.be/citizen/the-market-co... It's not a pure win.