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Apple just had its best quarter in India

When Apple reports its earnings on Wednesday, you can expect mentions of India on the call.
Apple shipped more than 1.5 million iPhone units in India in the quarter that ended in December, up 100% year-on-year, making this its best quarter in the world’s largest smartphone market to date, according to research firms Counterpoint and CyberMedia.
Thanks to the improved sales of older generation iPhone 11, iPhone XR, iPhone 12 and the newer iPhone SE, Apple doubled its market share in India to 4% in the quarter, the research firms said.

Overall, Apple shipped more than 3.2 million iPhone units in India in 2020, up 60% year-on-year, Counterpoint said.
The shipment growth comes months after Apple launched its online store in the country and offered customers a wide-range of financing and upgrade options, AppleCare+, and lucrative perks such as a free set of AirPods with the purchase of iPhone 11. The company plans to open its first physical retail store in the country later this year.
For more than a decade, Apple has struggled to sell its handsets in India because of the expensive price tags they carry. Most smartphones that ship in India are priced between $100 to $200. Samsung, and a group of Chinese smartphone vendors including Xiaomi, Oppo, and Vivo flooded the market in the past decade with their affordable smartphones.
None the less, in recent years Apple has visibly grown more interested in the country that is also one of the world’s fastest growing smartphones markets. The company’s contract manufacturers today locally assemble a range of iPhone models and some accessories — an effort the company kickstarted more than two years ago. (A recent violent event at an Indian facility of Wistron, one of Apple’s contract manufacturers, however, underscored some of the challenges Apple will grapple with as it looks to scale its local production efforts in the country.)
That move has allowed Apple to lower prices of some older generation iPhone models in India, where for years the company has passed import duty charges to customers. The starting price of the iPhone 12 Pro Max is $1,781 in India, compared to $1,099 in the U.S. (Apple has yet to start locally assemble the iPhone 12 units.) The AirPods Pro, which sells at $249 in the U.S., was made available in India at $341 at the time of launch. AirPods Max, similarly, is priced at $815 in India, compared to $549 in the U.S. (It doesn’t help that an average person in India makes $2,000 a year.)
Unlike most foreign firms that offer their products and services for free in India or at some of the world’s cheapest prices, Apple has focused entirely on a small fraction of the population that can afford to pay big bucks, Jayanth Kolla, chief analyst at Convergence Catalyst, told TechCrunch.
That’s not to say that Apple has not made some changes to its price strategy for India. The monthly cost of Apple Music is $1.35 in India, compared to $9.99 in the U.S. Its Apple One bundle, which includes Apple Music, TV+, Arcade and iCloud, costs $2.65 a month in India.

Apple just had its best quarter in India

This Week in Apps: TikTok viral hit breaks Spotify records, inauguration boosts news app installs, judge rules against Parler

Welcome back to This Week in Apps, the weekly TechCrunch series that recaps the latest in mobile OS news, mobile applications and the overall app economy.
The app industry is as hot as ever, with a record 218 billion downloads and $143 billion in global consumer spend in 2020.
Consumers last year also spent 3.5 trillion minutes using apps on Android devices alone. And in the U.S., app usage surged ahead of the time spent watching live TV. Currently, the average American watches 3.7 hours of live TV per day, but now spends four hours per day on their mobile devices.

Apps aren’t just a way to pass idle hours — they’re also a big business. In 2019, mobile-first companies had a combined $544 billion valuation, 6.5x higher than those without a mobile focus. In 2020, investors poured $73 billion in capital into mobile companies — a figure that’s up 27% year-over-year.
This week, we’re looking into how President Biden’s inauguration impacted news apps, the latest in the Parler lawsuit, and how TikTok’s app continues to shape culture, among other things.
Top Stories
Judge says Amazon doesn’t have to host Parler on AWS

Logos for AWS (Amazon Web Services) and Parler. Image Credits: TechCrunch

U.S. District Judge Barbara Rothstein in Seattle this week ruled that Amazon won’t be required to restore access to web services to Parler. As you may recall, Parler sued Amazon for booting it from AWS’ infrastructure, effectively forcing it offline. Like Apple and Google before it, Amazon had decided that the calls for violence that were being spread on Parler violated its terms of service. It also said that Parler showed an “unwillingness and inability” to remove dangerous posts that called for the rape, torture and assassination of politicians, tech executives and many others, the AP reported.

Judge denies Parler’s bid to make Amazon restore service

Amazon’s decision shouldn’t have been a surprise for Parler. Amazon had reported 98 examples of Parler posts that incited violence over the past several weeks before its decision. It told Parler these were clear violations of the terms of service.
Parler’s lawsuit against Amazon, however, went on to claim breach of contract and even made antitrust allegations.
The judge shot down Parler’s claims that Amazon and Twitter were colluding over the decision to kick the app off AWS. Parler’s claims over breach of contract were denied, too, as the contract had never said Amazon had to give Parler 30 days to fix things. (Not to mention the fact that Parler breached the contract on its side, too.) It also said Parler had fallen short in demonstrating the need for an injunction to restore access to Amazon’s web services.
The ruling only blocks Parler from forcing Amazon to again host it as the lawsuit proceeds, but is not the final ruling in the overall case, which is continuing.
TikTok drives another pop song to No. 1 on Billboard charts, breaks Spotify’s record

@livbedumb♬ drivers license – Olivia Rodrigo

We already knew TikTok was playing a large role in influencing music charts and listening behavior. For example, Billboard last year noted how TikTok drove hits from Sony artists like Doja Cat (“Say So”) and 24kGoldn (“Mood”), and helped Sony discover new talent. Columbia also signed viral TikTok artists like Lil Nas X, Powfu, StaySolidRocky, Jawsh 685, Arizona Zervas and 24kGoldn. Meanwhile, Nielsen has said that no other app had helped break more songs in 2020 than TikTok.
This month, we’ve witnessed yet another example of this phenomenon. Olivia Rodrigo, the 17-year-old star of Disney+’s “High School Musical: The Musical: the Series” released her latest song, “Drivers License” on January 8. The pop ballad and breakup anthem is believed to be referencing the actress’ relationship with co-star Joshua Bassett, which gave the song even more appeal to fans.
Upon its release the song was heavily streamed by TikTok users, which helped make it an overnight sensation of sorts. According to a report by The WSJ, Billboard counted 76.1 million streams and 38,000 downloads in the U.S. during the week of its release. It also made a historic debut at No. 1 on the Hot 100, becoming the first smash hit of 2021.
On January 11, “Drivers License” broke Spotify’s record for most streams per day (for a non-holiday song) with 15.17 million global streams. On TikTok, meanwhile, the number of videos featuring the song and the views they received doubled every day, The WSJ said.
Charli D’Amelio’s dance to it on the app has now generated 5 million “Likes” across nearly 33 million views, as of the time of writing.

@charlidamelio♬ drivers license – Olivia Rodrigo

Of course, other TikTok hits have broken out in the past, too — even reaching No. 1 like “Blinding Lights” (The Weeknd) and “Mood” (24kGoldn). But the success of “Drivers License” may be in part due to the way it focuses on a subject that’s more relevant to TikTok’s young, teenage user base. It talks about first loves and being dumped for the other girl. And its title and opening refer to a time many adults have forgotten: the momentous day when you get your driver’s license. It’s highly relatable to the TikTok crowd who fully embraced it and made it a hit.
Weekly News
Platforms: Apple

Apple stops signing iOS 12.5, making iOS 12.5.1 the only versions of iOS available to older devices.

A report claims Apple’s iOS 15 update will cut support for devices with an A9 chip, like the iPhone 6, iPhone 6s Plus and the original iPhone SE.

New analysis estimates Apple’s upcoming iOS privacy changes will cause a roughly 7% revenue hit for Facebook in Q2. The revenue hit will continue in following quarters and will be “material.”

Platforms: Google

Google adds “trending” icons to the Play Store. New arrow icons appeared in the Top Charts tab, which indicate whether an app’s downloads are trending up or down, in terms of popularity. This could provide an early signal about those that may still be rising in the charts or beginning to fall out of favor, despite their current high position.

Google appears to be working on a Restricted Networking mode for Android 12. The mode, discovered by XDA Developers digging in the Android Open Source Project, would disable network access for all third-party apps.

Gaming

Goama (or Go Games) introduced a way for developers to integrate social games into their apps, which was showcased at CES. The company focuses on Asia and Latin America and has more than 15 partners, including GCash and Rappi, for digital payments and communications.

Goama lets developers integrate a social gaming platform into their apps

Fortnite maker Epic Games is getting into movies. The animated feature film Gilgamesh will use Epic’s Unreal Engine technology to tell the story of the king-turned-deity. The movie is not an in-house project, but rather is financed through Epic’s $100M MegaGrants fund.

Augmented Reality

Patents around Apple’s AR and VR efforts describe how a system could be identified in a way that’s similar to FaceID, then either permitted or denied the ability to change their appearance in the game.

Pinterest launches AR try-on for eyeshadow in its mobile app using Lens technology and ModiFace data. The app already offered AR try-on for lipsticks.

Pinterest launches an AR-powered try-on experience for eyeshadow

Entertainment

The CW app became the No. 1 app on the App Store this week, topping TikTok, Instagram and YouTube, thanks to CW’s season premieres of Batwoman, All American, Riverdale and Nancy Drew.

Users of podcasting app Anchor, owned by Spotify, say the app isn’t bringing them any sponsorship opportunities, as promised, beyond those from Spotify and Anchor itself.

YouTube launches hashtag landing pages on the web and in its mobile app. The pages are accessible when you click hashtags on YouTube, not via search, and weirdly rank the “best” videos through some inscrutable algorithm.

YouTube launches hashtag landing pages to all users

Apple’s Podcasts app adds a new editorial feature, Apple Podcasts Spotlight, meant to increase podcast listening by showcasing the best podcasts as selected by Apple editors.

E-commerce

WeChat facilitated 1.6 trillion yuan (close to $250 billion) in annual transactions through its “mini programs” in 2020. The figure is more than double that of 2019.

WeChat advances e-commerce goals with $250B in transactions

Fintech

Douyin, the Chinese version of TikTok, launched an e-wallet, Douyin Pay. The wallet will supplement the existing payment options, Alipay and WeChat Pay, and will help to support the Douyin app’s growing e-commerce business.

Neobank Monzo founder Tom Blomfield left the startup, saying he struggled during the pandemic. “I think [for] a lot of people in the world…going through a pandemic, going through lockdown and the isolation involved in that has an impact on people’s mental health,” he told TechCrunch.

Monzo founder Tom Blomfield is departing the challenger bank and says he’s ‘struggled’ during the pandemic

New estimates indicate about 50% of the iPhone user base (or 507 million users) now use Apple Pay. 

Samsung’s newest phones drop support for MST, which emulates a mag stripe at terminals that don’t support NFC.

Social

Indian messaging app, StickerChat, owned by Hike, is shutting down. Founder Kavin Bharti Mittal said India will never have a homegrown messenger unless it bars Western companies from its market. Hike pivoted this month to virtual social apps, Vibe and Rush, which it believes have more potential.

Instagram head Adam Mosseri, in a Verge podcast, said he’s not happy with Reels so far, and how he feels most people probably don’t understand the difference between Instagram video and IGTV. He says the social network needs to simplify and consolidate ideas.

Facebook and Instagram improve their accessibility features. The apps’ AI-generated image captions now offer far more details about who or what is in the photos, thanks to improvements in image recognition systems.

TikTok launches a Q&A feature that lets creators respond to fan questions using text or videos. The feature, rolled out to select creators with more than 10,000 followers, makes it easier to see all the questions in one place.

TikTok’s new Q&A feature lets creators respond to fan questions using text or video

Health & Fitness

Health and fitness app spending jumped 70% last year in Europe to record $544 million, a Sensor Tower report says. The year-over-year increase is far larger than 2019, when growth was just 37.2%. COVID-19 played a large role in this shift as people turned to fitness apps instead of gyms to stay in shape.

Government & Policy

Biden’s inauguration boosted installs of U.S. news apps up to 170%, Sensor Tower reported. CNN was the biggest mover, climbing 530 positions to reach No. 41 on the App Store, and up 170% in terms of downloads. News Break was the second highest, climbing 13 positions to No. 65. Right-wing outlet Newsmax climbed 43 spots to reach No. 108. In 2020, the top news apps were: News Break (23.7 million installs); SmartNews (9 million); CNN (5 million); and Fox News (4 million). This month, however, News Break saw 1.2 million installs, followed by Newsmax with about 863,000 installs, the report said.

Ireland’s Data Protection Commission (DPC) sent a draft decision to fellow EU Data Protection Authorities over the WhatsApp-Facebook data sharing policy. This means a decision on the matter is coming closer to a resolution in terms of what standards of transparency is required by WhatsApp.

WhatsApp-Facebook data-sharing transparency under review by EU DPAs after Ireland sends draft decision

German app developer Florian Mueller of FOSS Patents filed a complaint with the EU, U.S. DOJ and other antitrust watchdogs around the world over Apple and Google’s rejection of his COVID-related mobile game. Both stores had policies to only approve official COVID-19 apps from health authorities. Mueller renamed the game Viral Days and removed references to the novel coronavirus to get the app approved. However, he still feels the stores’ rules are holding back innovation.

Productivity

Basecamp’s Hey, which famously fought back against Apple’s App Store rules over IAP last year, has launched a business-focused platform, Hey for Work, expected to be public in Q1. The app has more App Store ratings than rival Superhuman, a report found. Currently, Hey has a 4.7-star rating across 3.3K reviews; Superhuman has 3.9 rating across only 274 reviews.

Trends

Baby boomers are increasingly using apps. Baby boomers/Gen Xers in the U.S. spent 30% more time year-over-year in their most used apps, App Annie reports. That’s a larger increase than either Millennials or Gen Z, at 18% and 16%, respectively.

Funding and M&A

Curtsy, a clothing resale app for Gen Z women, raised an $11 million Series A led by Index Ventures. The app tackles some of the problems with online resale by sending shipping supplies and labels to sellers, and by making the marketplace accessible to new and casual sellers.

Storytelling platform Wattpad acquired by South Korea’s Naver for $600 million. The reading apps whose stories have turned into book and Netflix hits will be incorporated into Naver’s publishing platform Webtoon.

Wattpad, the storytelling platform, is selling to South Korea’s Naver for $600 million

On-demand delivery app Glovo partnered with Swiss-based real estate firm, Stoneweg, which is investing €100 million in building and refurbishing real estate in key markets to build out Glovo’s network of “dark stores.”

Pocket Casts app is up for sale. The podcast app was acquired nearly three years ago by a public radio consortium of top podcast producers (NPR, WNYC Studios, WBEZ Chicago and This American Life). The owners have now agreed to sell the app, which posted a net loss in 2020. (NPR’s share of the loss was over $800,000.)

Travel app Maps.me raised $50 million in a round led by Alameda Research. The funding will go toward the launch of a multi-currency wallet. Cryptocurrency lender Genesis Capital and institutional cryptocurrency firm CMS Holdings also participated in the round, Coindesk reported.

Bangalore-based hyperlocal delivery app Dunzo raised $40 million in a round that included investment from Google, Lightbox, Evolvence, Hana Financial Investment, LGT Lightstone Aspada and Alteria.

London-based food delivery app Deliveroo raised $180 million in new funding from existing investors, led by Durable Capital Partners and Fidelity Management, valuing the business at more than $7 billion.

Dating Group acquired Swiss startup Once, a dating app that sends one match per day, for $18 million.

‘Slow dating’ app Once is acquired by Dating Group for $18M as it seeks to expand its portfolio

Downloads
Bodyguard

Image Credits: Bodyguard

A French content moderation app called Bodyguard, detailed here by TechCrunch, has brought its service to the English-speaking market. The app allows you to choose the level of content moderation you want to see on top social networks, like Twitter, YouTube, Instagram and Twitch. You can choose to hide toxic content across a range of categories, like insults, body shaming, moral harassment, sexual harassment, racism and homophobia and indicate whether the content is a low or high priority to block.

Bodyguard is a mobile app that hides toxic content on social platforms

Beeper

Image Credits: Beeper

Pebble’s founder and current YC Partner Eric Migicovsky has launched a new app, Beeper, that aims to centralize in one interface 15 different chat apps, including iMessage. The app relies on an open-source federated, encrypted messaging protocol called Matrix that uses “bridges” to connect to the various networks to move the messages. However, iMessage support is more wonky, as the company actually ships you an old iPhone to make the connection to the network. But this system allows you to access Beeper on non-Apple devices, the company says. The app is slowly onboarding new users due to initial demand. The app works across MacOS, Windows, Linux‍, iOS and Android and charges $10/mo for the service.

Pebble founder launches Beeper, a universal chat app that works with iMessage and others

 

This Week in Apps: TikTok viral hit breaks Spotify records, inauguration boosts news app installs, judge rules against Parler

Not even 5G could rescue smartphone sales in 2020

This was going to be the year of 5G. It was going to be the year the next-generation wireless technology helped reverse some troubling macro trends for the industry — or at the very least helped stem the bleeding some.
But the best laid plans, and all that. With about a week left in the year, I think it’s pretty safe to say that 2020 didn’t wind up the way the vast majority of us had hoped. It’s a list that certainly includes the lion’s share of smartphone makers. Look no further than a recent report published by Gartner to answer the question of just how bad 2020 was for smartphone sales.

Gartner: Q3 smartphone sales down 5.7% to 366M, slicing COVID-19 declines in Q1, Q2

It was so bad that a 5.7% global decline year-over-year for the third quarter constituted good news. In a normal year, that wouldn’t qualify as good news for too many industries outside of wax cylinder and asbestos sales. But there are few standards by which 2020 was a normal year, so now we’ll take some respite in the fact that a 5.7% drop was a considerably less pronounced drop than the ~20% we saw in Qs 1 and 2.

Smartphone sales declined again in Q2, surprising no one

Smartphone sales expected to drop 2.5% globally this year

Some context before we get into the whys here. A thing that’s important to note up front is that mobile wasn’t one of those industries where everything was smooth sailing before everything got upended by a pandemic. In 2019 I wrote a not insignificant number of stories with headlines like “Smartphone sales expected to drop 2.5% globally this year” and “Smartphone sales declined again in Q2, surprising no one.” And even those stories were a continuation of trends from a year prior.
The reasons for the decline should be pretty familiar by now. For one thing, premium handsets got expensive, routinely topping out over $1,000. Related to that, phones have gotten good. Good news for consumers doesn’t necessarily translate to good news for manufacturers here, as upgrade cycles have slowed significantly from their traditional every two years (also an artifact of the carrier subscription model). Couple that with economic hardships, and you’ve got a recipe for slowed growth.

5G devices were less than 1% of US smartphone purchases in 2019

This March, I wrote an article titled “5G devices were less than 1% of US smartphone purchases in 2019.” There was, perhaps, a certain level of cognitive dissonance there, after many years of 5G hype. There are myriad factors at play here. First, there just weren’t a ton of different 5G models available in the States by year’s end. Second, network rollout was far from complete. And, of course, there was no 5G iPhone.
I concluded that piece by noting:
Of course, it remains to be seen how COVID-19 will impact sales. It seems safe to assume that, like every aspect of our lives, there will be a notable impact on the number of people buying expensive smartphones. Certainly things like smartphone purchases tend to lessen in importance in the face of something like a global pandemic.
In hindsight, the answer is “a lot.” I’ll be the first to admit that when I wrote those words on March 12, I had absolutely no notion of how bad it was about to get and how long it would last (hello month nine of lockdown). In the earliest days, the big issue globally was on the supply side. Asia (China specifically) was the first place to get hit and the epicenter of manufacturing buckled accordingly. Both China and its manufacturing were remarkably fast to get back online.
In the intervening months, demand has taken a massive hit. Once again, there are a number of reasons for this. For starters, people aren’t leaving their homes as much — and for that reason, the money they’ve allotted to electronics purchases has gone toward things like PCs, as they’ve shifted to a remote work set-up. The other big issue here is simple economics. So many people are out of work and so much has become uncertain that smartphones have once again been elevated to a kind of luxury status.
There are, however, reasons to be hopeful. It seems likely that 5G will eventually help right things — though it’s hard to say when. Likely much of that depends on how soon we’re able to return to “normal” in 2021. But for now, there’s some positive to be seen in early iPhone sales. After Apple went all in on 5G this year, the new handset (perhaps unsurprisingly) topped sales for all other 5G handsets for the month of October, according to analysts.
The company will offer a more complete picture (including the ever-important holiday sales) as part of its earnings report next month. For now, at least, it seems that thing are finally heading in the right direction. That trend will, hopefully, continue as the new year sees a number of Android launches.
Perhaps 2021 will be the year of 5G — because 2020 sure wasn’t.

Not even 5G could rescue smartphone sales in 2020

Charge, please: Apple will pay $113M to settle 34-state ‘batterygate’ lawsuit

Apple has agreed to pay $113 million to 34 states and the District of Columbia to settle allegations that it broke consumer protection laws when it systematically downplayed widespread iPhone battery problems in 2016. This is in addition to the half billion the company already paid to consumers over the issue earlier this year and numerous other fines around the world.
The issue, as we’ve reported over the years, was that a new version of iOS was causing older (but not that old) iPhones to shut down unexpectedly, and that an update “fixing” this issue surreptitiously throttled the performance of those devices.
Conspiracy-minded people, which we now know are quite numerous, suspected this was a deliberate degradation of performance in order to spur the purchase of a new phone. This was not the case, but Arizona Attorney General Mark Brnovich, who led the multistate investigation, showed that Apple was quite aware of the scale of the issue and the shortcomings of its solution.

Brnovich and his fellow AGs alleged that Apple violated various consumer protection laws, such as Arizona’s Consumer Fraud Act, by “misrepresenting and concealing information” regarding the iPhone battery problems and the irreversible negative consequences of the update it issued to fix them.

Apple agrees to settlement of up to $500 million from lawsuit alleging it throttled older phones

Apple agreed to a $113 million settlement that admits no wrongdoing, to be split among the states however they choose. This is not a fine, like the €25 million one from French authorities; if Apple had been liable for statutory penalties those might have reached much, much higher than the amount agreed to today. Arizona’s CFA provides for up to $10,000 per willful violation, and even a fraction of that would have added up very quickly given the amount of people affected.
In addition to the cash settlement, Apple must “provide truthful information to consumers about iPhone battery health, performance and power management” in various ways. The company already made changes to this effect years ago, but in settlements like this such requirements are included so they can’t just turn around and do it again, though some companies, like Facebook, do it anyway.

9 reasons the Facebook FTC settlement is a joke

Charge, please: Apple will pay $113M to settle 34-state ‘batterygate’ lawsuit

Apple’s IDFA gets targeted in strategic EU privacy complaints

A unique device identifier that Apple assigns to each iPhone for third parties to track users for ad targeting — aka the IDFA (Identifier for Advertisers) — is itself now the target of two new complaints filed by European privacy campaign not-for-profit, noyb.
The complaints, lodged with German and Spanish data protection authorities, contend that Apple’s setting of the IDFA breaches regional privacy laws on digital tracking because iOS users are not asked for their consent for the initial storage of the identifier.
Noyb is also objecting to others’ being able to access the IDFA without prior consent — with one of its complainants writing that they were never asked for consent for third-party access yet found several apps had shared their IDFA with Facebook (per their off-Facebook activity page).

We’ve reached out to the data protection agencies in question for comment. Update: Spain’s AEPD confirmed it has received noyb’s complaint and said it will investigate — making no further comment at this stage.
While Apple isn’t the typical target for digital privacy campaigners, given it makes most of its money selling hardware and software instead of profiling users for ad targeting, as adtech giants like Facebook and Google do, its marketing rhetoric around taking special care over user privacy can look awkward when set against the existence of an Identifier for Advertisers baked into its hardware.
In the European Union there’s a specific legal dimension to this awkwardness — as existing laws require explicit consent from users to (non-essential) tracking. Noyb’s complaints cite Article 5(3) of the EU’s ePrivacy Directive, which mandates that users must be asked for consent to the storage of ad-tracking technologies such as cookies. (And noyb argues the IDFA is just like a tracking cookie but for iPhones.)
Europe’s top court further strengthened the requirement last year when it made it clear that consent for non-essential tracking must be obtained prior to storing or accessing the trackers. The CJEU also ruled that such consent cannot be implied or assumed — such as by the use of pre-checked “consent” boxes.

Europe’s top court says active consent is needed for tracking cookies

In a press release about the complaints, noyb’s Stefano Rossetti, a privacy lawyer, writes: “EU law protects our devices from external tracking. Tracking is only allowed if users explicitly consent to it. This very simple rule applies regardless of the tracking technology used. While Apple introduced functions in their browser to block cookies, it places similar codes in its phones, without any consent by the user. This is a clear breach of EU privacy laws.”
Apple has long controlled how third parties serving apps on its iOS platform can use the IDFA, wielding the stick of ejection from its App Store to drive their compliance with its rules.
Recently, though, it has gone further — telling advertisers this summer they will soon have to offer users an opt-out from ad tracking in a move billed as increasing privacy controls for iOS users — although Apple delayed implementation of the policy until early next year after facing anger from advertisers over the plan. But the idea is there will be a toggle in iOS 14 that users need to flip on before a third-party app gets to access the IDFA to track iPhone users’ in-app activity for ad targeting.
However, noyb’s complaint focuses on Apple’s setting of the IDFA in the first place — arguing that since the pseudonymised identifier constitutes private (personal) data under EU law they need to get permission before creating and storing it on their device.
“The IDFA is like a ‘digital license plate’. Every action of the user can be linked to the ‘license plate’ and used to build a rich profile about the user. Such profile can later be used to target personalised advertisements, in-app purchases, promotions etc. When compared to traditional internet tracking IDs, the IDFA is simply a ‘tracking ID in a mobile phone’ instead of a tracking ID in a browser cookie,” noyb writes in one complaint, noting that Apple’s privacy policy does not specify the legal basis it uses to “place and process” the IDFA.
Noyb also argues that Apple’s planned changes to how the IDFA gets accessed — trailed as incoming in early 2021 — don’t go far enough.
“These changes seem to restrict the use of the IDFA for third parties (but not for Apple itself),” it writes. “Just like when an app requests access to the camera or microphone, the plans foresee a new dialog that asks the user if an app should be able to access the IDFA. However, the initial storage of the IDFA and Apple’s use of it will still be done without the users’ consent and therefore in breach of EU law. It is unclear when and if these changes will be implemented by the company.”
We reached out to Apple for comment on noyb’s complaints but at the time of writing an Apple spokesman said it did not have an on-the-record statement. The spokesman did tell us that Apple itself does not use unique customer identifiers for advertising. Update: The company has now sent us this statement:
The claims made against Apple in this complaint are factually inaccurate and we look forward to making that clear to privacy regulators should they examine the complaint. Apple does not access or use the IDFA on a user’s device for any purpose. Our aim is always to protect the privacy of our users and our latest software release, iOS 14, is giving users even greater control over whether or not they want to allow apps to track them by linking their information with data from third parties for the purpose of advertising, or sharing their information with data brokers. Our practices comply with European law and support and advance the aims of the GDPR and the ePrivacy Directive, which is to give people full control over their data.
In a separate but related recent development, last month publishers and advertisers in France filed an antitrust complaint against the iPhone maker over its plan to require opt-in consent for accessing the IDFA — with the coalition contending the move amounts to an abuse of market power.
Apple responded to the antitrust complaint in a statement that said: “With iOS 14, we’re giving users the choice whether or not they want to allow apps to track them by linking their information with data from third parties for the purpose of advertising, or sharing their information with data brokers.”
“We believe privacy is a fundamental human right and support the European Union’s leadership in protecting privacy with strong laws such as the GDPR (General Data Protection Regulation),” Apple added then.
That antitrust complaint may explain why noyb has decided to file its own strategic complaints against Apple’s IDFA. Simply put, if no tracker ID can be created — because an iOS user refuses to give consent — there’s less surface area for advertisers to try to litigate against privacy by claiming tracking is a competitive right.
“We believe that Apple violated the law before, now and after these changes,” said Rossetti in another statement. “With our complaints we want to enforce a simple principle: trackers are illegal, unless a user freely consents. The IDFA should not only be restricted, but permanently deleted. Smartphones are the most intimate device for most people and they must be tracker-free by default.”
Another interesting component of the noyb complaints is they’re being filed under the ePrivacy Directive, rather than under Europe’s (newer) General Data Protection Regulation. This means noyb is able to target them to specific EU data protection agencies, rather than having complaints funnelled back to Ireland’s DPC — under the GDPR’s one-stop-shop mechanism for handling cross-border cases.
Its hope is this route will result in swifter regulatory action. “These cases are based on the ‘old’ cookie law and do not trigger the cooperation mechanism of the GDPR. In other words, we are trying to avoid endless procedures like the ones we are facing in Ireland,” added Rossetti.

Lack of big tech GDPR decisions looms large in EU watchdog’s annual report

Apple’s IDFA gets targeted in strategic EU privacy complaints