Impossible Asks: Can the Transparency and Consent Framework Ever Authorise Real-Time Bidding After the Belgian DPA Decision?

Authors

DOI:

https://doi.org/10.26116/techreg.2022.002

Keywords:

adtech, real-time bidding, data protection, online advertising, online tracking, data controllership, transparency and consent framework, rtb, behavioural advertising, gdpr

Abstract

On 2 February 2022, the Belgian Data Protection Authority handed down a decision concerning IAB Europe and its Transparency and Consent Framework (TCF), a system designed to facilitate compliance of real-time bidding (RTB), a widespread online advertising approach, with the GDPR. Here, we summarise and analyse this large, complex case. We argue that by characterising IAB Europe as a joint controller with RTB actors, this important decision gives DPAs an agreed-upon blueprint to deal with a structurally difficult enforcement challenge. Furthermore, under the DPA’s simple-looking remedial orders are deep technical and organisational tensions. We analyse these “impossible asks”, concluding that absent a fundamental change to RTB, IAB Europe will be unable to adapt the TCF to bring RTB into compliance with the decision.

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Author Biographies

Michael Veale, University College London

Associate Professor, University College London, UK

Midas Nouwens, Aarhus University

Assistant Professor, Department of Digital Design and Information Studies, Aarhus University, Denmark

Cristiana Santos, Utrecht University

Assistant Professor, School of Law, Utrecht University, The Netherlands

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Published

09-02-2022

How to Cite

Veale, M., Nouwens, M., & Santos, C. (2022). Impossible Asks: Can the Transparency and Consent Framework Ever Authorise Real-Time Bidding After the Belgian DPA Decision?. Technology and Regulation, 2022, 12–22. https://doi.org/10.26116/techreg.2022.002

Issue

Section

Articles
Received 2022-02-06
Accepted 2022-02-09
Published 2022-02-09