Consultation on modified commitments in respect of Google’s ‘Privacy Sandbox’ browser changes
Consultation description
In June 2021, the Competition and Markets Authority (CMA) invited views on commitments, offered by Google, to address the CMA’s competition concerns in the context of an investigation under the Competition Act 1998. That CMA investigation relates to Google’s proposals to remove third party cookies and other functionalities from its Chrome browser.
Following the consultation, the CMA identified a number of aspects of those initial commitments that should be strengthened or revised in order to ensure its competition concerns were addressed. Google offered modified commitments to the CMA on 19 November 2021. As detailed more fully in the related notice, the modified commitments:
- add obligations on Google regarding its transparency and consultation with third parties by requiring that the CMA’s role (and ongoing process) is referenced in Google’s key public disclosures, including publication of a process for engaging with third parties and that Google report regularly to the CMA on how Google has taken into consideration third-party views;
- put in place a more transparent process through which Google will develop and test the Privacy Sandbox Proposals and extend the requirement that Google should test and trial (with the involvement of the CMA) all the Privacy Sandbox Proposals which are amenable to quantitative testing, not just those intended as replacements for TPCs;
- add commitments to address concerns about Google removing additional functionality or information before TPCs – ie Google will now also commit that, before removing TPCs, it will not enforce the Privacy Budget, and will only implement the GNATCATCHER proposal after making reasonable efforts to support websites’ ability to combat fraud/spam;
- provide for a mechanism for the CMA to monitor Google’s adherence to any resolutions reached between the CMA and Google under the commitments;
- clarify the internal limits on the data that Google is allowed to use for the purposes of targeting and measuring digital advertising, and confirm Google’s intent to use Privacy Sandbox tools in the future in the same ways as third parties will be able to use them;
- improve the approach to addressing concerns about the potential for Google self-preferencing Google’s own products/services which includes providing greater certainty for third parties who are developing alternative technologies;
- improve the provisions on reporting and compliance, eg by providing for a CMA-approved monitoring trustee; and
- provide for a longer duration for any commitments.
Any person wishing to comment on the modified commitments should submit written representations to Angela Nissyrios and Simon Deeble at 50972-Consultation@cma.gov.uk by 17 December 2021 at 5pm.
Please quote the case reference 50972 in all correspondence related to this matter. Any non-disclosure agreement a party may have in place with Google should not prevent them from responding to this consultation. Google has confirmed that it will not use any confidentiality provision with a party to prevent them from responding to this consultation.
More information can be found on the Investigation into Google’s ‘Privacy Sandbox’ browser changes case page.
