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Germany evaluates Apple’s proposed fixes for App Tracking Transparency antitrust concerns

Apple’s proposed changes to App Tracking Transparency, aimed at addressing antitrust concerns, are now being put to the test in Germany. Here are the details.

A bit of background

Earlier this year, Germany’s Bundeskartellamt (Federal Cartel Office) concluded a three-year investigation that resulted in antitrust accusations against Apple regarding the App Tracking Transparency Framework (ATTF).

According to the Office’s preliminary view, “the strict requirements under the ATTF only apply to third-party app providers, not to Apple itself,” a premise that Apple disputed:

Apple has led the way in developing industry leading technologies to provide users great features without compromising privacy. App Tracking Transparency gives users more control of their privacy through a required, clear, and easy-to-understand prompt about one thing: tracking. That 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.

Apple additionally holds itself to a higher standard than it requires of any third-party developer by providing users with an affirmative choice as to whether they would like personalized ads at all. And Apple has designed services and features such as Siri, Maps, FaceTime, and iMessage such that the company cannot link data across those services even if it wished to do so.

We firmly believe that users should control when their data is shared, and with whom, and will continue to constructively engage with the Federal Cartel Office to ensure users continue to have transparency and control over their data.

A few months later, Apple would go on to state that “intense lobbying efforts in Germany, Italy and other countries in Europe may force” the company to withdraw ATT, referring to the notion that companies and media groups have been working behind the scenes to neuter the ATT tool for their own benefit.

Apple moves to appease antitrust concerns

Despite its protests, Apple has been working to address the antitrust concerns raised by the Bundeskartellamt.

As reported by Reuters, Apple has agreed to make wording and formatting adjustments to the text that is presented to users on the ATT consent prompt, “while maintaining core user benefits”.

From the report:

Apple had agreed to introduce neutral consent prompts for both its own services and third-party apps, and to largely align the wording, content and visual design of these messages, said Andreas Mundt, head of Germany’s Bundeskartellamt.

The company also proposed simplifying the consent process so developers can obtain user permission for advertising-related data processing in a way that complies with data protection law.

Following Apple’s proposals, the Bundeskartellamt is now reportedly “seeking feedback from publishers, media groups and regulators to assess whether the new measures address competition concerns.”

Based on this feedback, the Office will then work on a final decision on whether Apple’s changes address the anticompetitive concerns.

Do you think ATT is anticompetitive? Let us know in the comments.

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Author

Avatar for Marcus Mendes Marcus Mendes

Marcus Mendes is a Brazilian tech podcaster and journalist who has been closely following Apple since the mid-2000s.

He began covering Apple news in Brazilian media in 2012 and later broadened his focus to the wider tech industry, hosting a daily podcast for seven years.