Affiliate Disclosure
If you buy through our links, we may get a commission. Read our ethics policy.

French hit Apple with antitrust complaint over serving personalized ads without consent

Last updated

Apple has come under fire in France for its advertising system, with a lobbying group complaining its own ad-serving tool doesn't ask for user consent to offer targeted ads, despite Apple's policies forcing third-party iOS app developers to make the request.

Apple is in the process of enabling its App Tracking Transparency feature in iOS and iPadOS, which would require users to give consent to apps to track their activity to serve personalized advertising. However, in France, Apple's own tools are the subject of a complaint, claiming there are double standards at play.

According to lobbying group France Digitale's complaint to regulator CNIL filed on Tuesday and seen by Bloomberg, the advertising system Apple uses for App Store, Apple News, and Stocks app ads doesn't require any permission from users to start tracking for advertising purposes. The feature, titled "Personalized Advertising" uses user data to determine and show appropriate ads to different users.

This disparity between its own tools and third-party advertising mechanisms regarding tracking permissions is at the center of the complaint. Users are "insufficiently informed about the use and the processing of its personal data," said the group.

"Apple keeps the right to choose who is a partner' and who is a third party' in an arbitrary manner, a quality which may change over time, without the user being informed of such a change," the complaint continued.

In response, Apple called the claims in the complaint "patently false and will be seen for what they are, a poor attempt by those who track users to distract from their own actions and mislead regulators and policymakers."

"Transparency and control for the user are fundamental pillars of our privacy philosophy, which is why we've made App Tracking Transparency equally applicable to all developers including Apple," it added. "Privacy is built into the ads we sell on our own platform with no tracking."

A letter from Apple head of privacy Jane Horvath explained that with Personalized Ads enabled, Apple targets ads "by grouping together users who share similar characteristics such as apps downloaded, age, country or city of residence, and gender into segments, so that a given campaign or set or campaigns cannot identify a given user."

The regulator is expected to offer a ruling on the matter in the near future.

This is not Apple's only advertising issue in France, as in October 2020, advertisers and publishers filed a complaint with competition regulator ADLC over Ad Tracking Transparency. It reasoned that users would effectively be asked about tracking twice, due to the need to follow GDPR data protection rules.

The inbound Ad Tracking Transparency is also still receiving criticism from companies heavily dependent on advertising, over fears revenue could be lost over the change. FaceBook has conducted an ad campaign against the change, framing it as a battle to assist small businesses, among other complaints.

Not all companies have complained openly about Apple's policy. On March 3, Twitter CFO Ned Segal said the microblogging service felt confident about the privacy changes, and that it could help level the playing field with other social networks.



26 Comments

22july2013 11 Years · 3736 comments

In response, Apple called the claims in the complaint "patently false and will be seen for what they are, a poor attempt by those who track users to distract from their own actions and mislead regulators and policymakers." I look forward to hearing more from Apple about that.

InspiredCode 8 Years · 405 comments

I hate those ads. It would be great if at least Apple One subscribers could turn them off.

80s_Apple_Guy 8 Years · 291 comments

There seems to be increasing dissonance between Apple’s publicly claimed objectives and standards and what it actually does internally. Whether it’s this, or is concern for human rights except where that interferes with profits. It’s “concern for the environment” by not shipping chargers, but making devices that cannot be fixed. It all looks really bad at many levels. They should get back to making great products and services and jump off the preachy public attitudes. They set themselves up to be jumped on for every little nuance that doesn’t fit their party line. Like this. 

CloudTalkin 5 Years · 916 comments

I hate those ads. It would be great if at least Apple One subscribers could turn them off.

All Apple users can turn off Personalize Ads.  It's pretty easy.  You can't get rid of advertising altogether (which may be what you're requesting).  If you turn off Personalized Ads you'll still get just as many ads as you would have with it on.  They just won't be as relevant to you as Personalized Ads.  

It's actually a pretty good idea to have no ads at all as a perk of an Apple One sub.  Apple is a for profit company so the idea of foregoing "free money" might not go over so well.

tommikele 12 Years · 599 comments

In response, Apple called the claims in the complaint "patently false and will be seen for what they are, a poor attempt by those who track users to distract from their own actions and mislead regulators and policymakers." 
I look forward to hearing more from Apple about that.

Apple does not share data with third party tracker and ad sellers. That is consistent with their new privacy features. Facebook on the other hand shares data internally as Apple does, but with half of the rest of the world too..

The statement you quote is 100% correct.