A typical ATT pop-up asks a user whether to allow an app “to track your activity across other companies’ apps and websites,” and says that “your data will be used to deliver personalized ads to you.”
Agency: “Double consent” too cumbersome
The agency said there is an “asymmetry” in which user consent for Apple’s own data collection is obtained with a single pop-up, but other publishers are “required to obtain double consent from users for tracking on third-party sites and applications.” The press release notes that “while advertising tracking only needs to be refused once, the user must always confirm their consent a second time.”
The system was said to be less harmful for big companies like Meta and Google and “particularly harmful for smaller publishers that do not enjoy alternative targeting possibilities, in particular in the absence of sufficient proprietary data.” Although France’s focus is on how ATT affects smaller companies, Apple’s privacy system has also been criticized by Facebook.
The €150 million fine won’t make much of a dent in Apple’s revenue, but Apple will apparently have to make some changes to comply with the French order. The agency’s press release said the problem “could be avoided by marginal modifications to the ATT framework.”
Benoit Coeure, the head of France’s competition authority, “told reporters the regulator had not spelled out how Apple should change its app, but that it was up to the company to make sure it now complied with the ruling,” according to Reuters. “The compliance process could take some time, he added, because Apple was waiting for rulings on regulators in Germany, Italy, Poland and Romania who are also investigating the ATT tool.”
Apple said in a statement that the ATT “prompt is consistent for all developers, including Apple, and we have received strong support for this feature from consumers, privacy advocates, and data protection authorities around the world. While we are disappointed with today’s decision, the French Competition Authority (FCA) has not required any specific changes to ATT.”
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