https://www.politico.eu/article/apple-france-french-data-protection-privacy-compliance-watchdog-cnil-doubt/ * Wednesday, March 24, 2021 * Editions + EU Edition + U.K. Edition + U.S. Edition * Events + About POLITICO Events + Future Events * More Info + About Us + Advertising + Content Studio + Press + Print Edition + Contact Us + Jobs + Careers at POLITICO Primary Menu Politico Pro Register Sign In Search for: [ ] Submit Politico Pro * Explore * Subscribe and more * Featured Sections + Brussels + Germany + France + Britain + Migration + Elections in Europe + Defense + Foreign Policy + Poll of Polls + Continent + EU-China + EU Recovery Plan + Special Reports * Policy Areas + Agriculture and Food + Brexit Transition + Competition and Industrial Policy + Cybersecurity and Data Protection + Energy and Climate + Financial Services + Health Care + Mobility + Sustainability + Technology + Trade + Trade UK * Featured Series + Telescope: AIDS + EU in Africa + Global Policy Lab + Changemakers + The wonk's survival guide to the EU Green Deal * Columns + The Coming Wars + Europe At Large + World View + Beyond The Bubble + Declassified Events * See all future events * March 25 -- Is offshore wind the solution to the EU's energy challenges? * April 19 -- Rewriting the Transatlantic Tech Playbook * May 18 -- POLITICO Virtual Interview: In Conversation With Nick Thomas-Symonds MP * May 31 -- POLITICO's 2021 AI SUMMIT Editions * EU Edition * U.K. Edition * U.S. Edition * Newsletters + Brussels Playbook What's driving the day in Brussels + London Playbook What's driving the day in Westminster + EU Influence Campaigning, lobbying and political influence in the EU + London Influence Campaigning, lobbying and political influence in the U.K. + Playbook Paris What's driving the day in Paris, en francais + Sunday Crunch The weekly digest of the best stories in U.K. politics + AI Decoded + Digital Bridge + China Direct + EU Confidential + Coronavirus Daily Update + EU In Africa * Multimedia + EU Confidential + Westminster Insider + Campaign Confidential + Print Edition + Poll of Polls * our apps + Play Store + App Store * Social Links + Facebook + Twitter + LinkedIn Discover POLITICO Pro In-depth reporting, data and actionable intelligence for policy professionals - all in one place. Five reasons to go Pro Areas of coverage Expert journalists Customers Contact us Hot Topics * Coronavirus vaccines * Brexit * EU-China * Brussels Playbook * London Playbook * Playbook Paris French data protection watchdog casts doubt on Apple's privacy compliance The US tech giant's targeted advertising practices raise a lot of questions, the CNIL writes in a confidential note. Consumers Line Up As Apple's iPhone 11 Goes On Sale In Stores The U.S. tech giant could be on the wrong side of compliance with EU privacy rules | Drew Angerer/Getty Images By Laura Kayali March 23, 2021 12:30 pm * Share on Facebook * Share on Twitter * Share on Linkedin * Mail * Print Apple has put privacy at the heart of its sales pitch to users, but an internal document from France's data regulator suggests the iPhone maker's own targeted advertising practices may be problematic. According to the 13-page confidential note seen by POLITICO, France's CNIL data protection authority cast doubt on Apple's compliance with EU privacy rules. Last week, the country's competition authority ruled in Apple's favor in a case over its new anti-tracking tool. "Apple's advertising processing requires consent when it involves reading or writing data on the user's device," the CNIL wrote. "Apple's practices suggest a lack of consent collection." The note, dated December 17 and signed by the CNIL president Marie-Laure Denis, is an opinion given to the country's competition authority to inform a case that pits the U.S. tech giant against four organizations representing the French online advertising ecosystem. The organizations argued that Apple's App Tracking Transparency, the new privacy feature the company plans to roll out in the spring, is anti-competitive. The feature will ask users for consent to be tracked online by third parties for targeted-ad purposes. On March 17, the competition authority backed Apple's App Tracking Transparency -- and so did the CNIL. According to the internal CNIL document, the privacy regulator said that the App Tracking Transparency is in line with the EU's flagship privacy rules -- the General Data Protection Regulation. "The pop-up proposed by the Apple company differs positively from some interfaces that do not comply with the regulations," the CNIL even wrote. When it comes to Apple's own advertising platform, however, it's another story. The U.S. tech giant could be on the wrong side of compliance with EU privacy rules, the watchdog hints. In early January, Apple provided a reply to the points raised by the CNIL. The CNIL's wording is cautious because the regulator was only asked to inform a case, not investigate it. But further down the line the regulator's assessment could have damning consequences for Apple, if confirmed in the context of a privacy complaint filed in March by startup lobby France Digitale. The complaint, seen by POLITICO, argues that Apple violates EU's privacy rules by not collecting the user's consent to engage in targeted advertising. Asked for comment, an Apple spokesperson pointed back to an earlier statement that said: "Privacy is built into the ads we sell on our platform. We hold ourselves to a higher standard by allowing users to opt out of Apple's limited first-party data use for personalized advertising, a feature that makes us unique." Consent needed, please In the note's final pages, the CNIL assesses whether Apple needs to collect consent to use personal data for its own advertising platform, which allows app developers to target users on the App Store's search results. The short answer, according to the CNIL, is most likely yes. The regulator does acknowledge there are differences between privacy-friendly and data-hungry, intrusive business models, but argues that the law applies to everyone. Apple considers that it doesn't need to collect the users' consent to process personal information within its own advertising platform because it does not engage in tracking and because of privacy-by-default features on its devices, the CNIL's note reads. However, the CNIL hints that Apple's definition of tracking could be too narrow, as it does not encompass reading or writing data from the terminal -- meaning the use of trackers such as cookies. Every case of targeted advertising that the CNIL has come across, the regulator argues, involves reading or writing data from the terminal: It appears that Apple should indeed collect consent. And it appears that Apple is not doing so, as personalized ads are activated by default on the iPhones' settings, the CNIL continues. Because the CNIL's opinion was written to inform a case led by another authority, the regulator does not reach firm conclusions about potential privacy violations. But, the watchdog says, if it is confirmed that Apple does need to collect consent, and that consent is effectively not collected, "the situation would be a major breach of regulations." The data protection authority is currently formally investigating the matter in the context of France Digitale's complaint. The CNIL declined to comment. Want more analysis from POLITICO? POLITICO Pro is our premium intelligence service for professionals. From financial services to trade, technology, cybersecurity and more, Pro delivers real time intelligence, deep insight and breaking scoops you need to keep one step ahead. Email [email protected] to request a complimentary trial. More from ... Laura Kayali Most Read Articles * 1 US health agency casts doubt on Oxford/AstraZeneca vaccine data March 23, 2021 9:50 am * 2 Dutch ready to block AstraZeneca if UK deal fails March 22, 2021 3:47 pm * 3 China throws EU trade deal to the wolf warriors March 22, 2021 10:49 pm * 4 Merkel announces hard lockdown for Germany during Easter holidays March 23, 2021 5:11 am * 5 Threats but few details as European Commission demands vaccine 'reciprocity' March 22, 2021 11:36 pm View the Latest Issue [get_image] Read the latest print issue online Next up China's hardline turn lifts chances of deeper EU-US alliance China's hardline turn lifts chances of deeper EU-US alliance March 23, 2021 11:45 pm By Stuart Lau, Rym Momtaz and Jakob Hanke Vela EU regulator to inspect Sputnik V vaccine facilities in Russia EU regulator to inspect Sputnik V vaccine facilities in Russia March 23, 2021 12:32 pm By Helen Collis US health agency casts doubt on Oxford/AstraZeneca vaccine data US health agency casts doubt on Oxford/AstraZeneca vaccine data March 23, 2021 9:50 am By Ashleigh Furlong China throws EU trade deal to the wolf warriors China throws EU trade deal to the wolf warriors March 22, 2021 10:49 pm By Stuart Lau Related Tags Business and competition Data Data protection Online advertising Platforms Privacy Regulation Startups Transparency Related Countries France Related Organizations Apple CNIL Explore politico EU * Brussels Latest news, analysis and comment from POLITICO's editors and guest writers in Europe. * Germany Latest news, analysis and comment from POLITICO's editors and guest writers on German politics. * France Latest news, analysis and comment from POLITICO's editors and guest writers on French politics. * Elections in Europe Latest news, analysis and comment on elections in Europe and beyond. * Migration Latest news, analysis and comment on migration in Europe and beyond. * Defense Latest news, analysis and comment on defense in Europe and beyond. * Security Latest news, analysis and comment on security in Europe and beyond. * Continent Latest news, analysis and comment from POLITICO's editors and guest writers on the continent. * Policy Areas + Agriculture and Food + Brexit Transition + Competition and Industrial Policy + Cybersecurity and Data Protection + Health Care + Energy and Climate + Financial Services + Mobility + Sustainability + Technology + Trade + Trade UK * Newsletters + Brussels Playbook + London Playbook + Playbook Paris + London Influence + EU Influence + Sunday Crunch + AI Decoded + Digital Bridge + EU Confidential + China Direct + Davos Playbook + Coronavirus Daily Update + EU In Africa Explore Products * Series + Telescope: AIDS + EU in Africa + Global Policy Lab + Changemakers + The wonk's survival guide to the EU Green Deal * Columns + The Coming Wars + Declassified + Europe At Large + World View + Beyond The Bubble * Multimedia + EU Confidential + Westminster Insider + Campaign Confidential + Print Edition + Poll of Polls * our apps + Play Store + App Store * Events Explore the live extension of our journalism * Discover POLITICO Pro In-depth reporting, data and actionable intelligence for policy professionals - all in one place. Politico Logo * About us * Contact us * Privacy Policy * Cookie Policy * Advertising * Press * Print Edition * Jobs * Careers at POLITICO * Ts&Cs * FAQs Close login modal Log in Log in to access content and manage your profile. If you do not have a login you can register here. Log-in [ ] Password [ ] Forgot your password? Click here. [ ] Remember me Log in By logging in, you confirm acceptance of our POLITICO Privacy Policy. Privacy