Belgian Court Declares IAB Europe's TCF Illegal Under GDPR: What This Means for Marketers

In a landmark ruling this week, the Belgian Court of Appeal has upheld a 2022 decision by the Belgian Data Protection Authority declaring the Transparency and Consent Framework (TCF) illegal under the EU’s General Data Protection Regulation (GDPR).

The TCF, developed by IAB Europe, is widely used to collect user consent for behavioural advertising via Real-Time Bidding (RTB).  It is the system underpinning most online ad consent pop-ups in Europe.

The court found that the framework fails to meet GDPR standards, including issues with transparency, valid consent, and accountability for data sharing.

While IAB Europe expressed relief that it won't be held jointly responsible for how participants use personal data, the organisation still faces pressure to rebuild the TCF in compliance with EU privacy laws. This ruling threatens the foundational structure of programmatic advertising in Europe, particularly how user consent is gathered and processed.