Home Privacy The CNIL Is Fining Tech Companies Left And Right Over Consent Issues

The CNIL Is Fining Tech Companies Left And Right Over Consent Issues

SHARE:
decision idea yes no Businessmen opt for online business investments, via smartphone
The CNIL, France’s DPA, issued three separate fines – all to do with consent or the lack thereof – over the course of less than two weeks.

You are not experiencing déjà vu.

The CNIL, France’s data protection authority, did indeed issue three separate fines – all to do with consent or the lack thereof – over the course of less than two weeks.

In early January, the CNIL fined Apple 8 million euros for failing to collect tracking consent from French iPhone users.

Just over a week later, the CNIL announced a 5 million euro fine for TiKTok over cookie consent violations.

And less than a week after that, the CNIL hit mobile game developer Voodoo with a 3 million euro fine for using Apple’s IDFV to track users without consent.

All three enforcement actions have certain similarities, but it’s worth paying attention to the details and their potential ramifications.

No thanks, mate

To make these judgments, the CNIL relied alternately on the French Data Protection Act and the ePrivacy Directive, rather than the GDPR, so as to avoid questions over jurisdiction.

Many large non-European technology companies, including Apple, Meta and TikTok, have their European headquarters in Ireland, which makes the Irish Data Protection Commission (DPC) their lead supervisory authority.

Ireland’s outsized influence over GDPR enforcement is a fact that doesn’t sit well with most privacy advocates, who view the DPC as being too soft on Big Tech.

That voodoo that you (don’t) do

Subscribe

AdExchanger Daily

Get our editors’ roundup delivered to your inbox every weekday.

The CNIL’s Voodoo case is interesting because it calls out an ATT workaround.

As part of its AppTrackingTransparency framework, Apple requires that all third parties get an explicit opt-in before accessing a user’s IDFA (identifier for advertising) for ad tracking and personalization. Apple’s policy also explicitly states that developers are prohibited from combining the IDFV (identifier for vendors) with other data to track users across sites and apps without permission from the user.

The IDFV is a persistent identifier Apple assigns to publishers that they can use for analytics purposes across the apps in their own portfolio (and only the apps in their own portfolio).

According to the CNIL, Voodoo would show users an ATT prompt, but if they said no to IDFA tracking, the developer would still use the IDFV to track people for advertising purposes without getting consent.

In other words, Voodoo made it seem like it was honoring a user’s choice by displaying an ATT prompt, but in reality Voodoo just wasn’t taking “no” for an answer.

Tikked off

It’s a meme by this point that all the big social platforms seem to spend half their time ripping off TikTok features, but here’s something they’d do best not to copy: dark patterns for collecting consent.

Between May 2020 and June of last year, the CNIL conducted a series of checks to see whether TikTok’s mechanism for collecting consent was up to snuff. (It’s important to note that the CNIL’s investigation focused on TikTok’s website, not its mobile app.)

In the CNIL’s view, although TikTok did offer a button to simply opt into cookies, there was no button or “equivalent solution” to as easily opt out of cookie tracking. It took several clicks to refuse all cookies and only one click to accept them.

The CNIL also found that TikTok didn’t inform users “in a sufficiently precise manner” about the purposes of different cookies.

Pomme mauvaise

And then there was the CNIL’s fine against Apple, which positions itself as a staunch protector of privacy – a stance that rubs most ad tech companies the wrong way.

In March 2021, the lobbying group France Digitale, which presents French startups, brought a complaint against Apple, arguing Apple tracked iOS 14.6 users within its own apps without asking for consent.

Despite the fact that Apple started collecting consent following the 2021 complaint, it did so beginning only with iOS 15 devices (albeit using its own personalized ads prompt and not the restrictive ATT prompts required for third parties). The CNIL fined Apple for enabling personalized advertising by default on older versions of its mobile OS.

Although, from one perspective, the CNIL’s ruling against Apple is a moral victory for developers, an 8 million euro fine for Apple is not even a rounding error.

As IAB France noted in a statement after the fine was announced, “for many years Apple has had an undue comparative advantage over all the other players in the mobile ecosystem that have not been given the same impunity.”

Rather than calling it a “fine,” you could also say 8 million euros, for Apple, is the rather-affordable cost of doing business at the expense of competitors.

Must Read

Wall Street Wants To Know What The Programmatic Drama Is About

Competitive tensions and ad tech drama have flared all year. And this drama has rippled out into the investor circle, as evident from a slew of recent ad tech company earnings reports.

Comic: Always Be Paddling

Omnicom Allegedly Pivoted A Chunk Of Its Q3 Spend From The Trade Desk To Amazon

Two sources at ad tech platforms that observe programmatic bidding patterns said they’ve seen Omnicom agencies shifting spend from The Trade Desk to Amazon DSP in Q3. The Trade Desk denies any such shift.

influencer creator shouting in megaphone

Agentio Announces $40M In Series B Funding To Connect Brands With Relevant Creators

With its latest funding, Agentio plans to expand its team and to establish creator marketing as part of every advertiser’s media plan.

Privacy! Commerce! Connected TV! Read all about it. Subscribe to AdExchanger Newsletters

Google Rolls Out Chatbot Agents For Marketers

Google on Wednesday announced the full availability of its new agentic AI tools, called Ads Advisor and Analytics Advisor.

Amazon Ads Is All In On Simplicity

“We just constantly hear how complex it is right now,” Kelly MacLean, Amazon Ads VP of engineering, science and product, tells AdExchanger. “So that’s really where we we’ve anchored a lot on hearing their feedback, [and] figuring out how we can drive even more simplicity.”

Betrayal, business, deal, greeting, competition concept. Lie deception and corporate dishonesty illustration. Businessmen leaders entrepreneurs making agreement holding concealing knives behind backs.

How PubMatic Countered A Big DSP’s Spending Dip In Q3 (And Our Theory On Who It Was)

In July, PubMatic saw a temporary drop in ad spend from a “large” unnamed DSP partner, which contributed to Q3 revenue of $68 million, a 5% YOY decline.