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Tracking has no legal basis, but it's still permitted with consent. The problem with IAB Europe (and other similar ad providers, as well as IAB's customers) is
by jeroenhd 1y ago
Tracking has no legal basis, but it's still permitted with consent. The problem with IAB Europe (and other similar ad providers, as well as IAB's customers) is that IAB Europe didn't obtain consent; it tried to hide its tracking by using supposedly non-personal identifiers, which wouldn't necessitate consent, but the court ruled that these identifiers were actually PII. IAB also tried to weasel its way out of its responsibilities, but preventing that seems to have failed.
As a result, data collected through IAB about European customers was collected unlawfully, and third parties must delete that data. IAB also can't smuggle consent like this anymore, and needs to pay a fine that was handed down a few years ago.
The legal publication can be found here (translated into various languages, though I believe the original may have been Dutch or French as it was the Belgian DPA that started the suit): https://curia.europa.eu/juris/documents.jsf?num=C-604/22 https://curia.europa.eu/juris/documents.jsf?num=C-604/22 and here https://www.dataprotectionauthority.be/the-market-court-rules-in-the-iab-europe-case https://www.dataprotectionauthority.be/the-market-court-rule...
I very much doubt ad companies will actually delete the illegally obtained data, but IAB and other companies in the cyberstalking industry this can be a problem, because they need to actually comply with the law.
- secondcoming 1y agoThe IAB doesn't track anything though? There is no IAB tracking pixel.
- piva00 1y agoThere's the IAB TC string though, which I think it's what's been considered analogous to PII.