Belgium: DPA sends final decision on IAB TCF to EU supervisory authorities
The Belgian Data Protection Authority ('Belgian DPA') announced, on 25 November 2021, that it had finalised its draft decision regarding compliance of the Interactive Advertising Bureau Europe ('IAB Europe') Transparency & Consent Framework ('IAB TCF') with the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'), and that it had sent, at the beginning of the week, the final draft of the decision to the EU data protection authorities, commencing a four week deadline before which such authorities can provide feedback on the draft. Considering the cross-border nature of the IAB TCF, the Belgian DPA noted that, despite being the lead authority, it had shared the final draft of the decision with other EU supervisory authorities, 27 of which had indicated their willingness to be involved in proceedings.
Ultimately, the Belgian DPA foresaw two eventualities from requesting such feedback from EU supervisory authorities. Firstly, that the authorities would provide no relevant and reasoned objection, and, as such, the decision would be finalised. Secondly, that one or more authorities do express such objection, and the Belgian DPA would be obliged to resubmit a draft which is amended accordingly, or decide not to submit amendments, which could trigger the dispute resolution mechanism under Article 65 of the GDPR.
The proceedings and decision itself remain confidential at this stage.
You can read the press release here.