Remember:a little earlier in the year, several French companies joined forces to try to counter the blocking of cross-application tracking available since iOS 14.5 for all iPhone users. Since then, however, the file seemed to have stalled, but it would indeed be back on track. According to information shared by the press agencyReutersand confirmed byThe Echoes, a first hearing will even take place on September 17.
For the moment, no one knows exactly what evidence the CNIL is trying to collect. The body is thus responsible for investigating the case in question, which concerns supposedly illegal practices on the part of Apple. Indeed, the latter is suspected of not respecting the legislation in force in France since the application of the GDPR, a standard now on a European scale.
Advertising in question
More precisely, these are in fact the “personalized advertisements” offered by iOS which are covered here. Indeed, the complaint from France Digitale at the origin of the dispute particularly highlights the eponymous functionality, activated as standard in Settings. Which would therefore be contrary to the consent which must usually be obtained from the consumer, especially since the lex specialis ePrivacy is applied by the European Commission,also on the back of Cupertino.
Furthermore, everything suggests that Apple is playing this maneuver on two fronts. Indeed, ATT is precisely an option supposed to help users avoid this kind of behavior. An obligation criticized by many developers who consider themselves financially harmed, because they can no longer determine the audience of their promotional campaigns as precisely as before.
A hefty fine as a sanction?
Until now, the various fines received by Apple have always been insignificant when compared to the billions that its products generate every month. However, violating the GDPR is not punished in the same way. Indeed, rather than a few symbolic millions, Tim Cook's firm could have to pay a sum based on its revenues. A percentage which would ultimately prove to be much higher than before, and which perhaps already signals serious counter-lobbying operations in Paris.
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By : Keleops AG
