CJEU invalidates IAB Transparency and Consent Framework (TCF)

March 7, 2024 was a watershed moment for the digital privacy landscape. The landmark CJEU Judgment in Case C‑604/22 on the commercial Transparency and Consent Framework (TCF) set a new precedent, not just for online platforms, but for every entity processing personal data across the European Union. This judgment isn't a mere legal jargon shuffle; it redefines the intersection of personal data, consent, and accountability.

Navigating the New Normal of Data Privacy Governance in the Wake of the CJEU Judgment: What It Means for Digital Identity Industry.

A Groundbreaking Judgment for the Modern Digital World

The Court pronounced a robust perspective, broadening the scope of data controllership and emphasizing that it's not merely about the hands-on data processing but also about orchestrating the very purposes and means of processing.

March 7, 2024 - CJEU Judgment in Case C‑604/22 (IAB TCF)

The Broader Ramifications of Data Controllership

This interpretation effectively expands the circle of entities labeled as data controllers. It's not just about the literal data handlers; software-as-a-service (SaaS) providers and application platforms, by design, dictate the processing of data and thus shoulder the responsibilities of a joint controller.

Any service using I Agree - data protection agreements do not have valid consent.

Invalidating 'Processor' Claims

Platforms that have been traditionally leaning on Data Processing Agreements (DPAs) as a shield for their 'processor' status are now facing a crossroads—those agreements may need revision to accommodate their newly-established joint controllership. As Digital Privacy is not a Contract based agreement framework, instead it uses law which stipulates contract as only one legal justification for processing, and this is usually b2b.

Extending Privacy Protection to All Digital Pavements

The jurisdiction of the judgment is not confined to web services. Mobile applications, desktop tools, and operating systems all fall under its purview, signifying that no digital domain shall be exempt from the stringent privacy principles this judgment upholds.