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Germany ’s antitrust watchdog has been investigating Apple ’s app secrecy framework since2022 . On Thursday , releasing preliminary findings from this probe , the Bundeskartellamt ( FCO ) allege it suspect the iPhone Divine may not be treating third - company app developers as equally as the law requires .
The antitrust guard dog said it believe Apple ’s behavior could amount to self - preferencing . Apple is banned from prefer its own services and products in Germany sinceApril 2023 , when it became subject to particular contumely control purport at regulating magnanimous tech ’s market place force .
Under the wider Pan - EU Digital Markets Act ( DMA ) , Apple is also interdict from self - preferencing on iOS and a handful of other burden platform services such as the App Store .
The app privateness issue being investigated now relate to Apple’sApp Tracking Transparency framework(ATTF ) , which allow iOS exploiter instruct third - party apps not to track their usage for advertizement targeting .
At government issue , for the FCO , is the difference in how Apple treats tracking permission requested by third company versus its own trailing of iOS users .
“ [ T]he strict requirements under the ATTF only apply to third - party app providers , not to Apple itself , ” the FCO wrote in apress firing . “ In the Bundeskartellamt ’s preliminary view , this may be proscribe under the special maltreatment control provisions for large digital companies ( Section 19a(2 ) of the German Competition Act ( GWB ) ) and under the oecumenical ill-usage control provisions of Article 102 TFEU [ pact on the Functioning of the European Union ] . ”
“ The consent dialogues for Apple ’s own apps and for third - party apps differ substantially , ” it kick the bucket on . “ The current excogitation , in particular the wording , of the dialog for Apple ’s own apps makes it more potential that user will go for than that of the ATTF talks for third - company apps . ”
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The FCO says three aspects of the framework bring up contest concern .
foremost , while Apple defines tracking “ in a way that only covers datum processing for advertising purposes across companies , ” per the FCO , the same “ rigorous ” ATTF rules “ do not treat Apple ’s own practice of conflate drug user data across its ecosystem — from its App Store , Apple ID and connected devices — and using them for advert purpose . ”
second , it highlight how third - party apps may show up to four consecutive consent dialogues under the ATTF , while Apple apps show a maximum of two . Nor do the soda water - ups around Apple ’s own apps refer to “ Apple ’s own processing of user data across services ( known as first - company trailing ) as such , ” in the FCO ’s assessment .
Finally , the watchdog consider the design of give chase consent dialog on iOS are address unequally . The FCO says Apple ’s dialogues are designed to encourage users to let it march their information , while the ones for third - political party apps steer users towards turn down them .
gloss in a statement , Andreas Mundt , the FCO ’s president , said , “ Apple operates a comprehensive digital ecosystem , which [ … ] supply Apple with blanket access to user information relevant for advertising . personalized advertising is also of great commercial signification for other companies wishing to proffer detached apps , some of which vie with Apple ’s own serve , in the App Store [ … ] However , the ATTF hit it far more difficult for competing app newspaper publisher to enter the substance abuser data relevant for advertizing . ”
Apple spokesman Tom Parker emailed a assertion in which the companionship defend how it operates : “ App Tracking Transparency turn over users more dominance of their concealment through a ask , well-defined , and easy - to - understand command prompt about one matter : tracking . That prompt is consistent for all developer , including Apple , and we have receive strong support for this lineament from consumers , privacy counselor , and data protection authority around the public , ” Apple spell .
“ 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 proceed to have transparency and manipulate over their data , ” the caller say .
The tech giant now has the opportunity to reply to the FCO ’s findings .
developer have often complain that Apple has duple standards in relation to its own apps and services versus third party . The society ’s discussion of third parties is also under DMA scrutiny : The European Commission issuedone preliminary rift find last summerabout how Apple operates the App Store .
It ’s worth mention that Apple is appeal the FCO ’s appellation , essay to overturn the watchdog ’s ability to manage the particular abuse powers . The outcome of that appeal is pending a courtyard determination due on March 18 , 2025 .
Meanwhile , the powers implement on Apple , and the FCO ’s action at law underlines how Apple anda handful of otherdesignated tech giantsare share with major rivalry interventions on multiple front line in Europe .
