Deliberation of the Restricted Committee concerning Apple Distribution International

€8,000,000 in fines

Excerpt

The French DPA fined Apple for implementing the ‘personalised ads’ setting as default without prior consent and making it hard to change the setting by involving multiple steps.

Our analysis

The CNIL received a complaint regarding ad personalization in the App Store and conducted several investigations in 2021 and 2022 to ensure compliance with regulations. It was found that under the previous version 14.6 of the iPhone operating system, identifiers were automatically read without obtaining consent when a user visited the App Store, which was used for personalization of ads. The complaint focused on the default activation of the "Personalized Advertisements" privacy setting in the iOS and MacOs operating systems of devices sold by Apple. This default setting did not allow users to validly consent to advertising targeting processing, and required them to perform multiple actions to disable it. The DPA stated that this made it difficult for users to give prior consent, as the option was not integrated into the phone's initialization process and was buried too deep in the settings. As a result, the DPA determined that Apple violated Article 82 of the French Data Protection Act.

Outcome

Apple was found to have contravened Article 82 of the French Data Protection Act by the DPA. Although Apple made efforts to address the shortcomings of iOS 14.6 by introducing a new consent box in iOS 15, this was deemed insufficient to fully address the breaches that occurred. Consequently, the DPA imposed a fine of €8,000,000 on Apple after taking into account various mitigating and aggravating factors.

Parties

French DPA (CNIL) and Apple Distribution International

Case number

CNIL: SAN-2022-025

Related deceptive patterns

Related laws

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