On Thursday, the CJEU upheld and clarified a 2022 decision from the Belgian Data Protection Authority that the identifiers used to record responses to popup consent solicitations under IAB Europe's
RTB is the process by which online ads get auctioned at high speed. It includes transmitting an identifier known as the Transparency and Control String from web browsers to participating advertisers. These auctions broadcast personal data , according to Ryan and Santos, but lack security controls. The CJEU also ruled that IAB Europe qualifies as the"joint controller" under GDPR, but not the sole controller.
"Relying in particular on the principle of the rule of law and the principle of free access to the law, the Court considers that the possibility for citizens to acquaint themselves with those standards may be necessary in order to enable them to verify whether a given product or service actually complies with the requirements of such legislation," the CJEU explained.
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