Apple CEO Tim Cook delivers a keynote address at the European Union Privacy Conference in the European Parliament in Brussels, Belgium on October 24, 2018.
Yves Herman | Reuters
LONDON – France Digital, a French lobbying group, has lodged a complaint against Apple with the country’s privacy regulator, arguing that the iPhone maker’s iPhone 14 operating system may be in breach of European Union rules.
The campaign group, which has about 2,000 members, on Tuesday lodged a seven-page complaint, which CNBC saw, with the Commission Nationale de l’Informatique et des Libertés.
It claims that Apple may be collecting user data for ad tracking services without explicitly requesting permission, and calls on the CNIL to investigate. It specifically thinks that Apple has standardized its “Personalized Ads” option on iPhones with iOS 14 installed. Apple did not immediately respond to a request for comment from CNBC.
“Our suspicion is that this is a very serious violation of our privacy regulations,” Nicolas Brien, CEO of France Digital, told CNBC, adding that Apple violates Europe’s general data protection regulation and the electronic privacy guideline, also known as the e- privacy guideline, may violate. .
“Our problem here is that you do not have the choice to agree,” Brien said. “It is turned on automatically and is strictly prohibited by GDPR and e-privacy.”
France Digital has also criticized Apple over the past few weeks for its App Store practices, saying it harms businesses.
Apple only allows developers to release iPhone and iPad apps via its iOS smartphone platform. The company has a strict approval process for iOS apps and has received criticism over fees of up to 30% it charges on in-app transactions.
Last year, the European Commission launched antitrust inquiries into Apple’s App Store rules and its Apple Pay wallet. Epic Games, the creator of the popular video game Fortnite, has been particularly vocal in its criticism of Apple. At the time, Apple said it was “disappointing” that the European Commission was listening to “unfounded complaints” from a small number of businesses.
The UK’s competition regulator launched its own antitrust inquiry into Apple on March 4. The Competition and Market Authority said Apple would investigate complaints from software developers about the technology giant’s App Store.
Apple has said it will work with the CMA to address its concerns. “We believe in thriving and competitive markets where any good idea can thrive,” a company spokesman said earlier this month.
Different rules for Big Tech?
While Europe is catching up with America’s Big Tech businesses, Brien still thinks companies like Apple are getting a relatively easy ride.
He claims that Apple is not investigating the same level of privacy as French businesses and other small businesses.
“We’re being investigated all the time,” Brien said. “We need to stop it. Technological regulations should not be primarily aimed at start-ups.”
A CNIL spokesman confirmed to CNBC that he had received the complaint and that he intended to investigate.
Brien said he thinks privacy regulators in other countries can also investigate Apple when they find out about the feature Digital has been dealing with.
“This is something huge and we believe it is an extremely important issue,” he said. “We’m talking about the most valuable technology company here, and who should be different if they do not comply with the rules?”
Apple has positioned itself as a company that takes privacy more seriously than Google and Facebook, the neighbors of Silicon Valley.