France fines Apple 150M for excessive pop-ups that let users reject tracking
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Apple's App Tracking Transparency France fines Apple 150M for excessive pop-ups that let users reject tracking Requiring "double consent" for user tracking is too much, French agency says. Jon Brodkin Mar 31, 2025 1:25 pm | 28 An iPhone 15 Pro and a MacBook Pro in 2023. Credit: Getty Images | dontree_m An iPhone 15 Pro and a MacBook Pro in 2023. Credit: Getty Images | dontree_m Story textSizeSmallStandardLargeWidth *StandardWideLinksStandardOrange* Subscribers only Learn moreFrance's competition regulator fined Apple 150 million, saying the iPhone maker went overboard in its implementation of pop-up messages that let users consent to or reject tracking that third-party applications use for targeted advertising.The App Tracking Transparency (ATT) framework used by Apple on iPhones and iPads since 2021 makes the use of third-party applications too complex and hurts small companies that rely on advertising revenue, said a press release today by the Autorit de la concurrence (Competition Authority). The system harms "smaller publishers in particular since, unlike the main vertically integrated platforms, they depend to a large extent on third-party data collection to finance their business," the agency said.User consent obtained via the ATA framework "authorizes the application in question to collect user data for targeted advertising purposes," the agency said. "If consent is given, the application can access the Identifier for Advertisers ('IDFA'), the identifier by which each device can be tracked through its use of third-party applications and sites." The French investigation was triggered by a complaint lodged by advertising industry associations.The intent of ATT "is not problematic in terms of the likely benefits for users as regards privacy protection," but "how the framework is implemented is abusive within the meaning of competition law," the agency said. Apple's "implementation methods artificially complicate the use of third-party applications and distort the neutrality of the framework to the detriment of small publishers financed by advertising," it said.Third-party publishers "cannot rely on the ATT framework to comply with their legal obligations," so they "must continue to use their own consent collection solution," the French agency said. "The result is that multiple consent pop-ups are displayed, making the use of third-party applications in the iOS environment excessively complex."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 cumbersomeThe 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."Jon BrodkinSenior IT ReporterJon BrodkinSenior IT Reporter Jon is a Senior IT Reporter for Ars Technica. He covers the telecom industry, Federal Communications Commission rulemakings, broadband consumer affairs, court cases, and government regulation of the tech industry. 28 Comments
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