Germany’s Federal Cartel Office (Bundeskartellamt) has kicked off a public consultation to weigh Apple’s latest tweaks to its App Tracking Transparency Framework (ATTF). This comes after the agency flagged serious antitrust red flags back in February over how the system handles user data consents.
Andreas Mundt, the head of the Bundeskartellamt, put it bluntly: “At the end of the day, it’s about who calls the shots on app access to people’s data – and that shapes the whole playing field for competitors. Apple’s ATTF lays down those ground rules, so they’ve got to be clear, even-handed, and square with everyone involved. Folks need to get what’s happening with their info, and those pop-up consent screens have to play by the antitrust book. We’ve spotted some real flaws that need fixing, so we’re digging deep into whether Apple’s proposed overhauls actually cut it.”
Here’s the rub: Apps from Apple or outsiders alike pull in all sorts of user details prime for targeted ads. To do that legally, developers need a green light from users. Apple’s ATTF spells out the drill for iPhones and the like. But right now, the consent screens vary wildly – Apple’s homegrown apps get a smoother ride with simpler language, snappier layouts, and fewer hoops, while third-party ones hit roadblocks with clunkier designs. Data privacy laws still hold sway across the board, of course.
From the Cartel Office’s standpoint, this setup nudges users toward saying yes to Apple’s stuff while making it a hassle for everyone else. Apple basically referees the data game in its own backyard, dictating terms not just for itself but for rivals too. That imbalance hits third-party devs hard, especially those banking on ad revenue to stay afloat.
Back in February, the agency laid out its worries in a draft report (check out the original alert from Feb. 12). After months of back-and-forth, Apple’s new package of fixes looks promising enough to put under the microscope via this market test.
The feedback drive will rope in app makers, media and ad trade groups, content creators, the Federal Data Protection Commissioner (BfDI), and Bavaria’s data watchdog (BayLDA). Their input will feed straight into the final antitrust call. If the changes stack up, the office could greenlight them as a clean slate for its concerns.
On the table: A full redo of the two big consent flows – the ATT screen for outsider apps and the PA one for Apple’s in-house lineup. The goal? Strip out sneaky “dark patterns” that the agency called out earlier, sync up the text, look, and feel across both, and spell out post-consent tech steps in plain English.
Apple’s also floating ways to streamline the maze of options for third-party apps. Developers could tap the ATT prompt to snag compliant nods for ad-related data grabs covered by the framework, with a menu of tech tweaks to test out alongside industry partners.
One sticking point: Apple isn’t budging on how it tracks ad performance (aka attribution), sticking to its no-consent-needed routine. The Cartel Office isn’t thrilled, but it’ll probe during the test if rivals still get shortchanged – especially since Apple’s own data scoops there seem pretty contained anyway. Lingering questions about whether privacy rules even demand user okay for Apple’s attribution tricks will get a close look too, looping in the data protection pros.
This probe draws on German antitrust rules (Section 19a GWB) and EU heavyweight Article 102 TFEU. Fellow watchdogs across Europe have poked at Apple’s ATTF too, some wrapping up, others still in the thick of it. The Bundeskartellamt’s been syncing up tight with them through the European Competition Network (ECN) and Brussels brass all along.
Industry watchers are buzzing about the potential ripple effects. If the tweaks pass muster, it could ease tensions for smaller developers scraping by on ad bucks, but skeptics worry Apple might still hold the upper hand. Consumer advocates are pushing for even tougher transparency, arguing that any edge in data handling tilts the scales unfairly. Meanwhile, as the consultation wraps by mid-January, all eyes are on whether this signals broader EU crackdowns on Big Tech’s privacy plays, possibly influencing global norms down the line.
