ECJ judgment: Clear rules for personal data on the Internet!
ECJ judgment: Clear rules for personal data on the Internet!
On April 26, 2025, the European Court of Justice (ECJ) made a pioneering judgment that concerns the processing of personal data in the context of personalized advertising. According to The Belgian court had previously imposed measures and fines against the IAB because the company had violated the GDPR regulations. One of the central findings of the ECJ is that before the report of personalized advertising, the consent of users: inside for data collection and processing must be obtained. The data that may be collected include information such as location, age, search process or purchases.
New regulations for data processing
The judgment illustrates the criteria that are defined under Art. 4 No. 1 of the GDPR. Accordingly, personal data is information that relates to identified or identifiable natural persons. The ECJ also made it clear that the TC-String, a technical means of coding and storing user preferences, is considered a personal date within the meaning of the GDPR. The IAB is thus regarded as a jointly responsible person for the processing of this data, even if it can only be held liable if it is demonstrably influenced on their further processing.
The GDPR also demands that the principles of "purpose binding" and "data minimization" remain preserved. Data may only be processed for the specified purpose, for example not to send advertising if they have been collected to send a book. The new principles "Privacy by Design" and "Privacy by Default" emphasize that data protection must be integrated into technologies and services right from the start.
rights of consumers
The stricter requirements regarding the consent to data processing include that this must be granted voluntarily. This requires separate consent for different processing. A flat -rate consent is inadmissible. Consumers: Inside have several essential rights that are clearly anchored in the GDPR. These affect, among other things:
- Right to information and information: Before data collection, users must be informed about the data and its purpose.
- Right to correction and deletion: consumers can request the correction of false data or claim their right to "forgotten".
- consent: An understandable and accessible consent for data processing is required.
- Right to revoke: The consent can be revoked at any time without giving reasons.
- Right to object: user: inside can object to the unwanted data processing.
A changed right -wing environment urges companies to rethink their data processing procedures in order to meet the new requirements. Note is required for the market location principle, which provides that companies have to adapt to European data protection regulations, no matter where they are based. This influences the way advertising and data management are operated in Europe.
Overall, the judgment of the ECJ shows that data protection in the EU must not only be perceived as a legal obligation, but also as an essential part of the user experience and self -determination. Developments in the area of data protection -compliant advertising are only at the beginning, and it remains to be seen how companies and consumers: inside will react to these challenges.
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