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The advertising industry cannot stop anti-tracking inquiries in France

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French industry associations in the advertising industry have failed in an attempt to stop Apple’s new app tracking requirement. The competent authority saw no evidence of discrimination against competitors.
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Elsewhere, too, there is still resistance to Apple’s latest push to strengthen data protection in iOS.

Apple’s new requirement for app tracking does not violate French and European law, the decided recently the competent French supervisory authority Autorité de la Concurrence. French industry associations in the marketing and advertising industry had previously raised allegations against Apple’s new practice: This provides for a mandatory request for a user’s permission to evaluate their behavior when using the app and also across app boundaries.
The complainants alleged that they see themselves discriminated against by Apple’s new specification in iOS.
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Apple did not violate any applicable law

The authority could not agree with this position. Even if Apple occupies a dominant position within its own ecosystem in the French market, the company is free to define the rules for the use of its services itself, provided that they do not conflict with applicable law. The authorities saw no signs of this. This could be the case, for example, if Apple prefers its own services, as these do not trigger a dialog in which the user has to consent to app tracking. Apple is now also providing information on the use of personal data for its own apps, as has recently been requested from all new apps in the App Store.

However, the competition watchdog will continue to monitor Apple’s practice in order to prevent distortions of competition. In a statement, Apple was satisfied with the decision, which was in the best interests of its customers. Other players also think little of Apple’s new requirements for developers, such as we in this message had reported. In the meantime, China is even starting to Bypass Apple’s new requirement. It remains to be seen whether and how Apple will act against this.

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