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Chronicles

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The UK's CMA accepts Google's plan to phase out and replace third-party cookies with the Privacy Sandbox and will closely monitor the product's development

Jon Porter / The Verge :

The Verge Jon Porter

Context & Ripple Effects

The CMA's acceptance follows its investigation into whether Chrome's cookie changes could curb rival advertising and Google's subsequent commitment to involve UK competition and privacy regulators in the Sandbox's development. Expanded CMA oversight agreed in late 2021 set up the regulator's move from examining the proposal to monitoring its delivery.

First-order effects

  • Google can proceed with replacing third-party cookies through the Privacy Sandbox, but its product development will be subject to close CMA monitoring.
  • The CMA gains an ongoing oversight role over Google's implementation rather than relying solely on its earlier investigation of the proposal.

Second-order effects

  • Google must align Privacy Sandbox development with both competition and privacy-regulator engagement, making regulatory input part of the product's rollout process.
  • Companies whose advertising businesses were central to the CMA's initial concern gain a regulator-led channel for scrutiny of how the replacement develops.

Third-order effects

  • The case points toward competition oversight that follows major platform technical changes through implementation, not just their initial announcement.
  • If this monitoring approach holds, technical privacy changes with market-access implications may increasingly be governed through continuing commitments between platforms and regulators.

The trend: Privacy-driven platform changes are becoming a competition-policy issue managed through ongoing regulatory oversight of product development.

Discussion

  • @jimkillock Jim Killock on x
    “Dear @Google, Please keep up the law breaking until we are happy about competition issues” instructs the @CMAgovUK https://www.gov.uk/... #adtech #gdpr https://twitter.com/...
  • @pbannist Paul Bannister on x
    @alextcone ... All of this seems like a total cop out from the CMA
  • @alextcone Alex Cone on x
    I wonder how tied these commitments are to proposals w/ the Privacy Sandbox moniker. Say for instance the new PATCG says some version of @Meta & @mozilla's Interoperable Private Attribution is the right focus & @Google says it will adopt for attribution. Do commitments apply? htt…
  • @cmagovuk @cmagovuk on x
    🍪 We've accepted commitments from #Google about their removal of third-party cookies from #GoogleChrome. We'll now supervise Google to ensure the 🔒 #PrivacySandbox is developed in a way that benefits users and protects #competition. Read more: https://ow.ly/... https://twitter.co…
  • @googleeurope @googleeurope on x
    Since we offered to make commitments on the Privacy Sandbox last year, we have continued to work with @CMAgovUK and engage with @ICOnews to address feedback. The CMA has now accepted these commitments: https://blog.google/...
  • @lewis_crofts Lewis Crofts on x
    Success for @Google. It wrapped up a big UK #antitrust probe into their privacy/cookie measures. They'll be hoping this sets the standard and puts the brakes on a few similar investigations. https://blog.google/... Also @CMAgovUK will be happy to have been out in front on this.
  • @wavesblog Simonetta Vezzoso on x
    “Involvement of the CMA and the ICO in the development and testing of the Privacy Sandbox proposals, to ensure they achieve effective outcomes for consumers to protect both competition and privacy” https://twitter.com/...