Tech & Sourcing @ Morgan Lewis

The European Court of Justice (CJEU) recently issued a significant final decision affecting the online advertising industry, particularly concerning the Transparency and Consent Framework (TCF) developed by the Interactive Advertising Bureau (IAB) Europe. This framework is widely used across the industry to manage users' consent preferences for data processing, known as the Transparency and Consent String (TC String). In essence, the TCF is designed to facilitate the buying and selling of online advertising space by these operators. Here's a breakdown of the court's ruling and its potential implications.
The European Commission (Commission) is adopting an Adequacy decision for certain transfers of personal data to the United States. This adoption would foster trans-Atlantic data flows and address the concerns raised by the Court of Justice of the European Union’s judgment in the Schrems II case. View our LawFlash on the case and our LawFlash on US President Joe Biden's 2022 executive order (EO) addressing points raised by the court.
The European Union’s General Data Protection Regulation (GDPR) requires companies to monitor and comply with some of the strictest privacy laws in effect. Now, the European Commission is refocusing efforts and oversight on ongoing investigations under the GDPR. Going forward, companies may want to focus even more intently on their compliance as the EU steps up investigatory procedures.