Apple Hit With $162 Million Fine Over App Tracking Transparency

Apple has been fined €150 million ($162 million) by France's Competition Authority over the implementation of its App Tracking Transparency (ATT) framework (via Bloomberg).

generic tracking prompt orange
The French regulator concluded that the way Apple deployed its ATT feature constitutes an abuse of market dominance, finding that the system unnecessarily complicated the process for users to opt out of tracking and unfairly disadvantaged third-party developers and advertising providers. Introduced in 2021 with iOS 14.5, the ATT framework requires apps to request user consent via a pop-up before tracking activity across other apps and websites. If users decline, the app is denied access to the Identifier for Advertisers (IDFA), which is typically used for delivering personalized ads.

The regulator emphasized that while the ATT framework itself is not inherently anticompetitive, its implementation by Apple resulted in a lack of neutrality. In its published decision, the authority said that the system was "neither necessary nor proportionate to the company's stated goal to protect user data" and added that the method Apple used to prompt consent introduced unnecessary friction for third-party developers. Apple's own advertising services are integrated directly into iOS and were not subject to the same user journey, raising concerns that Apple had leveraged its platform control to favor its own interests.

The decision also cited the economic consequences for app publishers and advertising providers. Since many developers of free, ad-supported apps depend on targeted advertising for revenue, the enforcement of ATT in its current form was determined to have caused financial harm, particularly to smaller publishers with limited access to first-party data.

The investigation was launched in 2021 following a complaint lodged by a coalition of French advertising trade associations, including Alliance Digitale and the Internet Advertising Syndicate. Though the Competition Authority initially declined to impose emergency interim measures that year, it proceeded with a full probe into ATT's competitive effects. The final ruling compels Apple to pay the €150 million fine and to publicly publish the decision on its website for a duration of seven days.

In a statement, Apple defended its actions and reiterated its commitment to user 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 also noted that the French authority has not mandated any specific changes to the ATT system, instead placing the onus on the company to ensure its compliance with competition law. Apple expressed disappointment with the decision but did not indicate whether it would appeal the fine.

The ruling adds to a growing list of investigations into Apple's ATT framework across Europe. Authorities in Germany, Italy, Romania, and Poland have opened similar probes to examine whether the privacy feature violates competition rules by impeding access to essential data for advertising while reinforcing Apple's own position in the digital ad market.

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Top Rated Comments

jdawgnoonan Avatar
26 weeks ago

Maybe Apple is the problem as opposed to everyone else around the world who tries to hold them to account?
Apple is the problem because they allow users to choose which apps are allowed to track them? Seriously?
Score: 40 Votes (Like | Disagree)
sniffies Avatar
26 weeks ago
That's why I h*** advertisers.

But also, France's Competition Authority are morons.
Score: 18 Votes (Like | Disagree)
jdawgnoonan Avatar
26 weeks ago
Here we go again, Apple being punished in European countries for offering positive features to users. I once again hear the stern and condescending politician lecturing the world about how the technologies we use should work.
Score: 16 Votes (Like | Disagree)
iObama Avatar
26 weeks ago
I've supported pretty much every European regulation that's been applied to Apple as of late, but this one's some bullpucky.
Score: 16 Votes (Like | Disagree)
WarmWinterHat Avatar
26 weeks ago

this is why europe's tech sector is virtually nonexistent
An entire industry (basically 99.995% of silicon valley) running off shady, dishonest and hidden tactics is not something to envy.
Score: 11 Votes (Like | Disagree)
platinumaqua Avatar
26 weeks ago
While I hate the advertisers, they do have a point. Apple’s tracking setting is buried elsewhere and sometimes it can’t be turned off.

Apple’s “Personalized Recommendations” toggle is buried in Apple ID settings > Media & Purchases > View Account

(Edit to add: There's also another toggle under Privacy & Security > Apple Advertising, but not sure if it's the same as above.)

Weather, fitness, stocks, and Books now all have tracking identifiers that can’t be turned off.

Edit 2: Telemetry/Analytics are under Privacy & Security > Analytics & Improvements
Score: 10 Votes (Like | Disagree)