A record fine has just been imposed on Apple in France. The Competition Authority has sanctioned the company for its implementation of the App Tracking Transparency (ATT) system. More specifically, Apple is accused of having, between April 2021 and July 2023, abused its dominant position in the sector of mobile application distribution on iOS and iPadOS devices. In its conclusion, the Authority considers that while the objective pursued by the ATT system is not open to criticism as such, its implementation methods are neither necessary nor proportionate to the goal of protecting personal data pursued by Apple.
What is App Tracking Transparency?
Introduced in April 2021, at the time of the launch of version 14.5 of the iOS and iPadOS operating systems, the ATT consists of: request, with a view to better privacy protection, the consent of iPhone or iPad users to the collection of their data. The approach is laudable, but it suffers from numerous flaws. Indeed, publishers are forced to "unnecessarily complicate the user journey," the Authority believes. Moreover, the system is not neutral, since it requires two interactions to confirm advertising tracking, while a single interaction is sufficient to refuse. Finally, the processing is not the same for third-party applications and those developed under Apple's leadership. If consent is given, the application can then access the Identifier for Advertisers (IDFA), which allows the device to be tracked through its use of third-party applications and sites.
The Authority noted that the ATT, as implemented by Apple, particularly penalized smaller publishers, as they rely heavily on third-party data collection to finance their business. A first decision had been rendered on March 17, 2021, refusing the request for interim measures. The investigation continued, however. This week, the verdict was delivered: “In view of the seriousness of the facts, the duration of the infringement (between April 26, 2021 and July 25, 2023) and Apple's economic power, the Authority has decided to pronounce against Apple Distribution International Limited (ADI) and Apple Inc., as perpetrators, and Apple Operations International Limited and Apple Inc. as parent companies, a fine of 15 billion euros. In addition to this financial penalty, Apple is required to publish a summary of the decision on its website for seven consecutive days. 25-D-02 of March 28, 2025 relating to practices implemented in the advertising sector on mobile applications on iOS terminals.
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