Apple CEO Tim Cook delivers a keynote address during the European Union privacy conference at the EU Parliament in Brussels, Belgium, on October 24, 2018.
Yves Herman | Reuters
LONDON – France Digitale, a leading French lobby group, has filed a lawsuit against Apple over the country’s privacy regulator, arguing that the iPhone maker’s iOS 14 mobile operating system could breach EU rules.
The campaign group, which has about 2,000 members, filed a seven-page complaint on Tuesday, seen by CNBC, before the National Commission on Informatics and Freedoms.
He argues that Apple may be collecting user data for ad tracking services without asking for explicit permission and calls on the CNIL to investigate. Specifically, you believe that Apple has the “Custom Ads” option enabled by default 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 Digitale, told CNBC, adding that Apple could violate the General Data Protection Regulations. and the ePrivacy Directive, also known as the ePrivacy Directive. .
“Our problem here is that you don’t have the option to consent,” Brien said. “It activates automatically and is strictly prohibited by the RGPD and electronic privacy.”
France Digitale has also criticized Apple for its App Store practices in recent weeks, saying they are hurting emerging companies.
Apple only allows developers to launch apps for iPhone and iPad through its iOS smartphone platform. The company has a rigorous approval process for IOS apps and has been criticized for commissions of up to 30% it charges for transactions from the app.
Last year, the EU Commission launched antitrust investigations into Apple’s App Store rules and its Apple Pay mobile wallet. Epic Games, 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 heard “baseless complaints” from a small number of companies.
The UK competition regulator launched its own antitrust investigation into Apple on March 4th. The Competition and Markets Authority said it would investigate Apple over software developers’ complaints about the tech giant’s App Store.
Apple said it would work with the CMA to address its concerns. “We believe in thriving and competitive markets where any big idea can flourish,” a company spokesman said earlier this month.
Different rules for Big Tech?
While Europe contrasts with high-tech American companies, Brien still believes companies like Apple have a relatively easy journey.
He claims that Apple is not subject to the same level of privacy control as French companies and other small businesses.
“We’re being investigated all the time,” Brien said. “We need it to stop. Technology regulations should not be aimed primarily at emerging companies.”
A CNIL spokesman confirmed to CNBC that he had received the complaint and that he planned to investigate.
Brien said he believes privacy regulators in other countries could also investigate Apple when they learn of the role France Digitale has taken on.
“This is a huge thing and we think it’s an extremely important case,” he said. “We’re talking about the most valuable tech company here, and if they don’t follow the rules, who else should be?”
Apple has positioned itself as a company that takes privacy more seriously than Silicon Valley’s neighbors, Google and Facebook.