April 19 , 2025 by Kees de Jong
Principal Consultant : AdTech / Media / Retail Media / Talent
The recent decision by the Belgian Market Court to reaffirm that the IAB’s Transparency & Consent Framework (TCF) violates the GDPR may seem like a technical ruling, but its implications are profound and long overdue.
From the start, the TCF was an uneasy compromise. Designed to create a standardised way for publishers and vendors to share user consent across a fragmented ad tech ecosystem, the framework never truly addressed the core intent of the GDPR: to empower individuals with transparent, meaningful control over their data.
The ruling confirms what many of us have known all along: you cannot bolt consent onto an opaque system and call it compliance. The TCF operates more like a legal fig leaf than a genuine mechanism of transparency. It’s not just about the IAB being declared a joint controller. It is about the entire RTB-based architecture being fundamentally misaligned with data protection law.
But there is a silver lining here, especially for retailers building or scaling retail media networks.
A Moment of Clarity and Competitive Advantage
This decision is not just a setback for legacy ad tech. It is a moment of clarity. The ruling shines a spotlight on the growing divide between privacy-invasive, programmatic advertising models and first-party, consent-led ecosystems.
Retailers are in a unique position:
- They have direct customer relationships
- They collect authenticated, consent-based first-party data
- They operate within logged-in, owned environments where value exchange is clear (e.g. loyalty programs, ecommerce)
In other words, retail media networks are not just surviving this shift. They are made for it.
Why This Is Good for Retail Media
This legal precedent will accelerate the industry’s pivot away from leaky, third-party cookie-based advertising and toward more sustainable, privacy-aligned models. Here’s why that benefits retail media:
- Trust as a Differentiator
In an era where regulators and consumers demand transparency, retailers can credibly position themselves as privacy-first media platforms. That is a powerful brand and commercial advantage. - Better Data, Better Outcomes
Retailers don’t rely on probabilistic data stitched together from third-party sources. Their signals are deterministic, consented, and tied to real transactions — the holy grail for advertisers. - Less Intermediation, More Value
The collapse of TCF and the broader RTB model will lead to shorter value chains. That means more margin for retailers and more accountability for brands. - Futureproofing by Design
Unlike the TCF, retail media ecosystems can be designed from the ground up to comply with data protection laws. This helps sidestep the reputational and legal risks that plague much of the open web.
Time to Build the Right Thing
This is not just a legal judgment. It is a wake-up call. The industry must stop trying to retrofit outdated systems to meet modern privacy standards. It is time to build with integrity and with user trust at the core.
For retailers, the ruling is a tailwind. It reinforces the strategic logic behind investing in retail media and further validates the shift from mass reach to precise, permissioned relevance.
We don’t need more duct tape on broken frameworks. We need better blueprints. And retail media is leading the way.