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23.09.2024 | 🇫🇷 French competition authority
The CNIL has issued final recommendations on mobile applications to enhance user data protection and promote best practices. The Autorité de la concurrence supports these recommendations but raises concerns about potential competition issues, especially for dominant market players. They emphasize the importance of ensuring that privacy measures beyond GDPR requirements do not harm market efficiency or consumer benefits.
The collaboration between CNIL and Autorité aims to clarify data protection obligations for stakeholders in the mobile app ecosystem, focusing on user privacy while fostering competition and innovation. The recommendations address responsibilities under GDPR, the French Data Protection Act, and best practices for compliance. The competitive structure involves various players, including vertically integrated giants like Google and Apple.
SDK providers offer development tools, developers create apps, and app publishers distribute them through app stores. Operating system providers like Apple and Google offer OS for mobile devices, while app store providers offer platforms for distribution. The Autorité and CNIL aim to protect data, privacy, and competition, with a focus on user benefits. They highlight the importance of balancing competition and privacy protection in the market.
The Autorité cautions against delegating regulatory authority to dominant players, potentially strengthening their market power. They address concerns regarding OS providers and app stores, warning against anticompetitive practices and barriers to entry. Recommendations should apply equally to all apps to prevent unfair advantages, with a focus on enhancing privacy protection beyond data regulations for OS providers.
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