Italy fines Apple $116m over App Store privacy rules

• The regulator found Apple’s data collection requirements for third-party apps to be stricter than those applied to its own iOS apps.
• The fine targets Apple’s ATT policy, which requires third-party developers to request tracking consent twice.
• The authority said the ATT policy was imposed unilaterally and disproportionately on Apple’s commercial partners.
• The ruling adds to Apple’s growing antitrust challenges in Europe.

Apple has been fined over €98 million ($116m) by Italy’s antitrust regulator for imposing what it described as “excessively burdensome" privacy rules on third-party apps.

As reported by The Verge, Italy’s Competition Authority (AGCM) said Apple abused its dominant App Store position by imposing disproportionate data collection rules on third-party developers.

The AGCM said the rules go beyond privacy law requirements and are stricter than those applied to its own iOS apps.

The fine centres on Apple’s App Tracking Transparency policy, which was introduced in 2021. It requires third-party developers to obtain user consent before tracking data across apps and websites.

Developer impact

Italy’s antitrust authority said Apple’s own apps obtain tracking consent in a single tap, while third-party apps face a double consent process that reduced user opt-in rates and harmed developers reliant on personalised advertising revenue.

“The Authority established that the terms of the ATT policy are imposed unilaterally and harm the interests of Apple’s commercial partners,” said the AGCM in a statement. 

“The double consent request renders the ATT policy disproportionate, since Apple should have ensured the same level of privacy protection for users by allowing developers to obtain consent to profiling in a single step.”

Earlier this year, a London tribunal ruled that Apple abused its dominant position by charging developers unfair commissions, exposing the company to potential damages of up to £1.5 billion ($2bn).