REGULATORY WATCH BRIEF Moderate 53 🔎 Regulatory Interpretation published

EDPB orders Belgian DPA to assess NOYB cookie banner complaint on merits

The ruling clarifies DPAs must assess cookie banner complaints substantively, strengthening enforcement of GDPR consent requirements.

ImpactModerate 53
Type🔎 Regulatory Interpretation
Statuspublished enacted, check the effective date
JurisdictionEU-BE
Effective28 May 2026

What happened

The European Data Protection Board issued a binding decision on 28 May 2026 requiring the Belgian DPA to evaluate a NOYB complaint about VRT's cookie banners on the merits rather than dismiss it on procedural grounds. The decision found no abuse of rights under Art.77 and Art.80(1) GDPR and instructed the Belgian DPA to submit a new draft decision to the Austrian DPA under Art.60(3) GDPR.

Why it matters for trust and compliance

  • Its status is published. It is enacted but may not be in force yet. Check the effective date before planning around it.
  • The ruling clarifies DPAs must assess cookie banner complaints substantively, strengthening enforcement of GDPR consent requirements.
  • Takes effect May 28, 2026.
  • It relates to GDPR. The regulations library explains what that law requires.

Who is affected

media controller regulator Belgian Data Protection Authority Austrian Data Protection Authority Vlaamse Radio-en Televisieomroeporganisatie (VRT) NOYB

Recommended actions

  1. Review consent, cookie and tracking practices against the requirement.
  2. Check that privacy notices describe the practices this addresses.