TCF 2.0: Belgian Commercial Court refers individual legal questions on the APD decision to the ECJ for a preliminary ruling

Latest news on TCF 2.0

The Brussels Commercial Court has referred some legal questions from the IAB case against the Belgian data protection supervisory authority APD in the TCF 2.0 case to the European Court of Justice (ECJ) for a preliminary ruling.

The Belgian court has not yet made a final decision on the IAB’s complaint, but wants to have (especially legal) questions clarified at the European level beforehand.
The questions is whether IAB Europe is (joint) controller and, whether the TC string should be considered as personal data.

As the ECJ will need about one year for a preliminary ruling, the final decision of the Brussels Commercial Court will still be pending until 2023/2024.

Important watchout: 1. What will the Belgian data protection authority APD doing in the meantime and 2. whether the APD is pushing the interim enforcement of its original decision against TCF.

The APD has so far only announced that it will now consult with the other data protection authorities in the EU on possible further steps.