Belgian Court of Appeal: The “Transparency & Consent Framework” (TCF) is illegal. TCF is live on 80% of the Internet https://www.iccl.ie/digital-data/eu-ruling-tracking-based-advertising-by-google-microsoft-amazon-x-across-europe-has-no-legal-basis/
EU ruling: tracking-based advertising by Google, Microsoft, Amazon, X, across Europe has no legal basis

EU data protection authorities find that the consent popups that plagued Europeans for years are illegal. All data collected through them must be deleted. This decision impacts Google’s, Amazon’s and Microsoft’s online advertising businesses.

Irish Council for Civil Liberties

@CCC
"Tech companies turned the GDPR into a daily nuisance rather than a shield for people."

That sentence. Amazing.

@xinit @CCC And politicians tell us that data protection hinders economic development. Amazing...
@xinit @CCC absolutely accurate and HECK YEAH TCF ILLEGAL PARTY  
@CCC yall may be celebrating today but it's their bread and butter. this will not be without consequences for us.
@lritter @CCC no one has a right to a business model, especially an illegal one. You're right that they won't take this lying down, but it's important to remember they can still advertise without hoarding and auctioning off private data.

@CCC I don't get it. Weren't the cookie banners introduced just to prevent user information from being stored? I see 2 contradictory issues:
- you're not using a cookie banner - you're violating privacy
- you use a cookie banner - you are violating privacy

So how should it be? Or is it something else entirely?

@CCC Oh, maybe I understand more now. This is about one product from one company (IAB).
OK, I'm glad this advertisement world is completely out of my hands.
@michal @CCC the IAB is an absolutely gargantuan data broker though.
@michal @CCC 95% of all Websites dont need Cookie Banners, when they are not tracking People. 80% of all Websites woudnt need even Cookies. Thats the way websites must be implemented.

@michal @CCC Cookie banners are not required at all. If you don’t store users’ personal data, you don’t need their consent.

But more to the point: From what I’ve gathered, the problem seems to be that the scheme advertising companies use is set up in such a way that users can never be sufficiently informed about what happens with their data, therefore they can never legally consent to their data being used in this way.

@michal @CCC no tracking allowed hence no cookies and no popup

it is very simple

@helle @CCC Yes, but Do Not Track HTTP header is deprecated. How do you know someone doesn't want to be tracked if you can't store that information anywhere?
@michal @CCC you are not allowed to track to begin with and doing so is a crime
@michal @CCC the whole point of these laws was to not store the data at all, ever

@michal @helle @CCC You know they don't want to be tracked because they didn't call your customer support number and say "please track me" and then mail you a notarized letter affirming they want to be tracked.

This is not hard unless you're presuming entitlement. The whole point of the law is that you're forbidden from presuming entitlement or coercing "consent".

@michal the issue at hand here is, that this ad system is handing over data by bidding and therefore cannot keep track of all the personal data it collected. Therefore it is in violation with GDPR, since the user of that data has no more control over it.

The decision itself has little to do with cookie banners. EU originally hoped that the GDPR would stop unnecessary data collection, but with a vast ad system in place, consent banners emerged on all ad-ridden sites and other people now use them pre-cautiously too.

@michal @CCC Um, they should not be doing any tracking the user didn't explicitly opt in to. This means no banners, no nags, no dark patterns, no intentional hindrances of functionality to force users to accept. Just delete all the fucking trackers.
@CCC The internet, or the web?
@enigmatico Well, the web, yes. :)
@CCC I guess it's a first step. Any bets on how many years it's going to take before they notice that 99% of the "legitimate interest" stuff isn't actually legitimate, either?
@CCC The courts finally put on paper what we've been saying for years.

A good sign. Hopefully we see some meaningful enforcement.
…well, hopefully Europe sees enforcement and companies don't bother maintaining a separate site for Americans.


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