Germany Evaluates Apple’s Suggested Remedies for App Tracking Transparency Antitrust Concerns

Germany Evaluates Apple's Suggested Remedies for App Tracking Transparency Antitrust Concerns

Germany Evaluates Apple’s Suggested Remedies for App Tracking Transparency Antitrust Concerns


Apple’s suggested modifications to App Tracking Transparency, designed to tackle antitrust issues, are currently under scrutiny in Germany. Here are the specifics.

### Some background

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

According to the Office’s initial assessment, “the stringent criteria under the ATTF are applicable only to third-party app developers, not to Apple itself,” a claim that Apple contested:

> Apple has been a frontrunner in creating industry-leading technologies that offer users excellent features without sacrificing privacy. App Tracking Transparency empowers users with greater control over their privacy through a necessary, clear, and straightforward prompt about one issue: tracking. That prompt is uniform for all developers, including Apple, and we have garnered strong backing for this feature from consumers, privacy advocates, and data protection authorities globally.
> Additionally, Apple holds itself to a higher benchmark than it demands from any third-party developer by giving users a positive choice regarding whether they wish to see personalized advertisements at all. Moreover, Apple has structured services and features like Siri, Maps, FaceTime, and iMessage so that the company cannot connect data across those services even if it desired to do so.
> We firmly believe that users should have control over when their data is shared and with whom, and we will continue to engage constructively with the Federal Cartel Office to guarantee that users have transparency and control over their data.

A few months later, Apple indicated that “intense lobbying efforts in Germany, Italy, and other European nations may compel” the company to withdraw ATT, alluding to the idea that companies and media organizations have been working discreetly to undermine the ATT tool for their own advantage.

### Apple acts to mitigate antitrust issues

In spite of its objections, Apple has been proactive in addressing the antitrust concerns presented by the Bundeskartellamt.

As reported by *Reuters*, Apple has consented to make changes to the wording and formatting of the text shown to users on the ATT consent prompt, “while preserving essential user advantages.”

From the report:

> Apple agreed to implement neutral consent prompts for both its own services and third-party apps, and to largely synchronize the wording, content, and visual design of these notifications, stated Andreas Mundt, the head of Germany’s Bundeskartellamt.
> The company also suggested streamlining the consent process so developers can secure user permission for advertising-related data processing in a manner that complies with data protection laws.

Following Apple’s proposals, the Bundeskartellamt is now reportedly “seeking input from publishers, media organizations, and regulators to evaluate whether the new measures resolve competition issues.”

Based on this input, the Office will then formulate a final decision on whether Apple’s modifications alleviate the anticompetitive concerns.