France’s antitrust regulator, Autorité de la concurrence, has imposed a €150 million ($162 million) fine on Apple for abusing its dominant market position through its App Tracking Transparency (ATT) privacy framework. The framework, introduced in 2020 and enforced since April 2021, requires apps to obtain user permission before tracking them across websites and services owned by other companies.

## Problematic Implementation, Not Concept

The French watchdog clarified that while ATT’s privacy protection goal isn’t inherently problematic, its implementation is “neither necessary nor proportionate” to Apple’s stated objective of protecting user data. The authority found that the framework fails to comply with GDPR standards due to:

– Lack of neutrality in implementation
– Overly complicated user experience
– Disadvantaging third-party developers with multiple consent pop-ups
– Creating an imbalance by exempting Apple’s own apps from the same regulations

## Impact on Smaller Publishers

The competition regulator emphasized that ATT has particularly harmed smaller publishers who rely heavily on third-party data collection for financing their business. Unlike major platforms with substantial proprietary data, these smaller publishers lack alternative targeting possibilities.

“While the principle of the ATT framework is not problematic in terms of the likely benefits for users as regards privacy protection, the Autorité found that how the framework is implemented is abusive within the meaning of competition law,” the watchdog stated.

## Penalties and Previous Fines

In addition to the €150 million fine, Apple must publish the decision’s summary on its website for seven consecutive days. The penalty reflects the seriousness of the infringement, which occurred between April 2021 and July 2023, as well as Apple’s significant economic power.

This fine follows other recent European penalties against Apple, including a €1.8 billion fine from the European Commission for preventing music streaming services from promoting cheaper alternatives outside its App Store, and an €8 million fine from France’s data protection authority for collecting App Store user data without consent.