According to AppleInsider, Poland’s UOKiK antitrust regulator launched another investigation into App Tracking Transparency on November 25, examining whether Apple misled users about privacy while creating advantages over third-party developers. This marks the second time Poland has probed ATT rules since December 2021, with regulators in Germany, Italy, and Romania also investigating similar concerns. The core allegation is that Apple’s own apps don’t display the same tracking permission prompts that third-party apps must show, potentially giving Apple’s advertising business an unfair edge. Apple faces fines up to 10% of its annual Polish turnover if found guilty of abusing its dominant position. The company has warned that intense European regulatory pressure could force it to withdraw ATT entirely from European markets.
Apple’s privacy paradox
Here’s the thing about Apple’s privacy stance – it’s brilliant marketing that also happens to be genuinely good for users. But when you own both the platform and compete in advertising, there’s an inherent conflict of interest. Apple insists its first-party apps don’t need to show ATT prompts because they don’t use data the same way third-party advertisers do. Basically, they’re saying “trust us, we’re different.”
And that’s exactly what regulators are questioning. Is Apple genuinely protecting privacy, or just redirecting the advertising revenue stream toward its own services? The fact that Apple’s advertising business has been growing while third-party advertisers struggle post-ATT certainly raises eyebrows. When you’re both the referee and a player on the field, people are going to question your calls.
European pressure cooker
This isn’t just a Polish problem – it’s part of a broader European pattern. France already fined Apple $162.4 million in March for similar ATT concerns, though interestingly they didn’t require any changes to the program. Now multiple countries are piling on, and Apple’s response has been telling: they’re threatening to pull ATT entirely from Europe if the pressure continues.
That threat reveals how precarious this situation is for Apple. They’ve built their brand around privacy leadership, but now they’re facing regulatory heat from all sides. Pulling ATT would be a massive PR blow, but continuing to fight multiple antitrust battles across Europe isn’t sustainable either. It’s a classic case of being careful what you wish for – Apple wanted to position itself as the privacy champion, but now they’re being held to that standard in ways they didn’t anticipate.
The broader implications
What happens in Poland could set precedents that affect how all tech platforms handle their own services versus third-party competitors. If regulators determine that platform owners can’t have different rules for themselves, it could reshape the entire app ecosystem. We’re talking about fundamental questions of what constitutes fair competition when you control the operating system.
Meanwhile, Apple’s argument about blanket consent during account setup feels increasingly shaky in today’s regulatory environment. GDPR and other privacy laws have moved toward specific, granular consent – not blanket permissions that cover everything. Apple’s position might have flown under the radar a few years ago, but regulators are much more sophisticated about tech company tactics now.
The real question is whether Apple can maintain its privacy leadership narrative while fighting off accusations that it’s using privacy as a competitive weapon. It’s a delicate balancing act, and right now the scales seem to be tipping toward the regulators.
