As previously reported, Apple is currently under investigation in Brazil due to allegations of anti-competitive behavior related to its App Store. While the company has been granted additional time for discussions, the Brazilian antitrust body, Cade, is now looking into the App Tracking Transparency feature.
A report from the Brazilian outlet O Globo (citing MacMagazine) mentions that Cade initiated its investigation following a complaint from Meta about the App Tracking Transparency (ATT) functionality on iOS. Specifically, Meta contends that only third-party applications are required to obtain user consent for data collection, while Apple’s own apps do not face the same restrictions regarding data collection and sharing.
The Brazilian regulatory body claims there is “evidence” suggesting that Apple collects and processes user data under more favorable conditions than those permitted for third-party applications.
Introduced in 2021, the App Tracking Transparency feature mandates that third-party apps present a prompt to iOS users, asking for their permission to track them across other apps and websites. Not surprisingly, most users decline to be tracked.
Companies like Meta, which rely heavily on online advertising for revenue, have been significantly impacted by ATT, as user data is critical for the process of fingerprinting—creating profiles based on a user’s online activities. This data is typically sold to advertisers for more targeted marketing efforts.
Since the ATT feature’s rollout, Meta has frequently criticized Apple, labeling ATT as a “harmful policy.”
Turning back to the situation in Brazil, Apple will not face immediate legal action, as Cade continues to review the company’s terms and conditions concerning ATT for third-party apps. Should the regulator find these terms to be unjust, Apple may incur penalties in Brazil in the future. Recently, France imposed a fine of $132 million on Apple for a similar issue.
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