GovWire

Investigation into Google’s ‘Privacy Sandbox’ browser changes

Competition Markets Authority

October 5
10:20 2022

Case timetable

Date Action
11 February 2022 CMA commitments decision published and case closure. Implementation of commitments commences
December 2021 to February 2022 CMA consideration of representations received in response to the consultation on modified commitments
26 November 2021 to 17 December 2021 Modified commitments consultation period
26 November 2021 Consultation opened on modified commitments proposed by Google
October to November 2021 CMA consideration of possible modifications to the commitments offered by Google
June to September 2021 CMA consideration of representations received in response to the consultation on commitments
11 June 2021 to 8 July 2021 Commitments consultation period
11 June 2021 Consultation opened on commitments proposed by Google
January 2021 to July 2021 Initial investigation: information gathering, including issue of formal or informal information requests. CMA analysis and review of information gathered
January 2021 Investigation opened

Change log

The following changes have been made to the case timetable since it was first published in January 2021:

Date of change Reason for change Change made to timetable
26 November 2021 The CMA is consulting on modified commitments offered by Google Dates for modified commitments consultation period and estimated date for CMAs consideration of representations received in response to the consultation on modified commitments
15 October 2021 Additional stage needed, to consider possible modifications to the commitments offered by Google Estimated time needed for correspondence with Google about possible modifications to the commitments offered by Google
30 July 2021 Additional time needed to analyse representations Estimated date for CMAs consideration of representations received in response to the consultation on commitments
11 June 2021 The CMA is consulting on commitments offered by Google Date for commitments consultation period and estimated date for CMAs consideration of representations received in response to the consultation on commitments

Progress reports

CMAs first update report

On 28 July 2022, the CMA published its first update report on the implementation of Googles Privacy Sandbox commitments accepted by the CMA in February 2022. This report sets out the progress made to date and highlights areas of focus where potential concerns have been raised, including through feedback from the wider industry. The report incorporates the findings from the Monitoring Trustees second quarterly report, and includes a number of specific questions where we would most value input from interested third parties.

Googles second quarterly report

We are also publishing Googles second quarterly report on its compliance with the binding commitments accepted by the CMA. The report covers the period from 1 April 2022 to 30 June 2022.

Googles first quarterly report

On 16 May 2022, Google provided us with its first report on its compliance with the binding commitments accepted by the CMA on 11 February 2022. The report covers the period from 11 February 2022 to 11 May 2022.

Under the commitments, Google is required to report on the progress of the Privacy Sandbox proposals, updated timing expectations, its interactions with the CMA and third parties, including on the testing of proposals, as well as the approach taken to address concerns raised. We are publishing the full report to inform third parties of developments on the Privacy Sandbox and progress in implementing the commitments. The commitments put in place a framework within which Google will develop and test the Privacy Sandbox proposals.

We have a role in supervising Google to ensure that the Privacy Sandbox is developed in a way that benefits consumers. As part of this role, we have continued to engage with Google on the design and development of the proposals, raising concerns as appropriate and ensuring that these are addressed in a timely manner.

The Information Commissioners Office (ICO) has been closely involved in this process, given that the aim is to ensure that both competition and privacy are protected. We have also engaged with industry stakeholders who are playing an important part in shaping the development of the proposals.

Monitoring Trustees first quarterly report

We have received an initial report from ING Bank, the Monitoring Trustee, with its assessment of Googles compliance with those provisions of the commitments which relate to Googles use of data (paragraphs 25 to 27), non-discrimination (paragraphs 30 to 31) and (with respect to those provisions) anti-circumvention (paragraph 33).

The report covers the period between 11 February 2022 and 16 May 2022.

ING Bank did not identify any reportable concerns to the CMA.

ING Bank also has a role in engaging with interested stakeholders, where they have questions about the nature and scope of the parts of the commitments which it is supervising. ING Bank be reached via the following contacts:

We are expecting to receive the next quarterly reports from Google and ING Bank in July to align with calendar quarters.

We will continue to engage with industry participants and other affected parties over the coming months to ensure that their views are taken into account in the development of the Privacy Sandbox proposals. We encourage third parties to get in touch with us if they have any concerns they would like to raise, as this will help inform our continued engagement with Google, ING Bank, the ICO and other stakeholders. We can be reached by email at:privacysandbox@cma.gov.uk.

Monitoring Trustee

Appointment of Technical Expert

On 26 September 2022, the CMA approved the appointment of S-RM Intelligence and Risk Consulting Limited by the Monitoring Trustee (ING Bank N.V.) as an independent Technical Expert to support the Monitoring Trustee in monitoring compliance with the following provisions of the binding commitments accepted by the CMA on 11 February 2022: Googles use of data (paragraphs 25 to 27), non-discrimination (paragraphs 30 to 31) and (with respect to those provisions) anti-circumvention (paragraph 33). The role of the Technical Expert is to provide specialised knowledge to support the Monitoring Trustee, particularly in relation to monitoring of data flows, and understanding the possible impacts of the Privacy Sandbox changes on ad tech markets.

Appointment of Monitoring Trustee

On 23 March 2022, the CMA approved the appointment of ING Bank N.V. by Google as Monitoring Trustee to monitor compliance with those provisions of the binding commitments accepted by the CMA on 11 February 2022 which relate to Googles use of data (paragraphs 25 to 27), non-di

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