Poland has launched a new antitrust investigation into Apple's App Tracking Transparency rules, questioning whether Apple misled users about privacy while giving its own apps a competitive advantage over third-party developers. AppleInsider reports: On November 25, Poland's UOKiK has started another investigation into App Tracking Transparency, and whether Apple had restricted competition in mobile advertising. Reuters reports that, to the anti-monopoly regulator, ATT may have limited advertisers' ability to collect user data for advertising purposes while simultaneously favoring Apple's ad program. On November 25, Poland's UOKiK has started another investigation into App Tracking Transparency, and whether Apple had restricted competition in mobile advertising. Reuters reports that, to the anti-monopoly regulator, ATT may have limited advertisers' ability to collect user data for advertising purposes while simultaneously favoring Apple's ad program.
This is not the first time that Poland has looked into ATT rules. In December 2021, the regulator held a similar probe following criticism from advertisers. It's not clear what that complaint determined, or if it is still ongoing. Regardless, in the new complaint, the logic is that Apple had a competitive advantage since its own apps were not subject to ATT rules, but third-party apps did have to deal with ATT. Since Apple didn't visibly ask for consent for its first-party apps in the same way, there is a presumption that Apple's rules only applied to other companies.
This is despite Apple's repeated insistence that it doesn't use the same kinds of collected data in its own apps and services for marketing purposes, as well as its stance on privacy in general. In short, Apple apps don't use the data, so it doesn't pop up a dialog box asking the user if the app can use the data. There is also the argument that, in setting up an account with Apple, users are providing blanket consent to the company. Implementing ATT on its own apps would therefore be a waste of time, since that consent was already granted. Apple said that it will work with the regulator on the matter, but warned that it could force them to withdraw the feature "to the detriment of European consumers."
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