CMA continues oversight of Google's Privacy Sandbox changes

UK competition watchdog evaluates Google's revised approach to third-party cookies and Privacy Sandbox browser updates.

CMA continues oversight of Google's Privacy Sandbox changes
Privacy Sandbox

The UK Competition and Markets Authority (CMA) today provided an update on its ongoing investigation into Google's Privacy Sandbox browser changes. The CMA's statement addresses Google's revised approach to third-party cookies and outlines the regulator's next steps in ensuring fair competition in digital advertising.

Who: The Competition and Markets Authority, the UK's primary competition regulator
What: An update on the investigation into Google's Privacy Sandbox changes
Where: United Kingdom
When: September 24, 2024
Why: To address ongoing competition concerns in digital advertising
How: Through continued oversight and potential modifications to existing commitments

On July 22, 2024, Google announced a significant shift in its approach to the Privacy Sandbox initiative. Instead of completely removing third-party cookies from its Chrome browser as initially planned, Google will now allow users to choose whether to retain third-party cookies. This change prompted the CMA to seek stakeholder input on the revised approach and its potential implications for consumers and market outcomes.

After careful consideration of the responses received, the CMA has determined that competition concerns persist under Google's revised approach. The regulator aims to ensure that these changes support continued competition in digital advertising.

Key points from the CMA's update

  1. The current commitments, accepted by the CMA in February 2022, need to be updated to reflect the evolution in Google's planned Privacy Sandbox browser changes.
  2. The CMA is in discussions with Google about potential modifications to the commitments to address ongoing competition concerns.
  3. If an agreement on changes to the commitments cannot be reached, the CMA will consider what further action may be necessary.
  4. The regulator plans to publicly consult before making any decision on whether to accept changes to the commitments, with an aim to do so in Q4 2024.
  5. The CMA also intends to provide an update on its views relating to the Privacy Sandbox tools and its assessment of testing and trialing results during the same period.
  6. Collaboration with the Information Commissioner's Office (ICO) will continue to address privacy and user choice design concerns related to Google's revised approach.

The CMA's investigation into Google's Privacy Sandbox proposals began in January 2021. The regulator accepted initial commitments from Google in February 2022 to address competition concerns resulting from the proposed removal of third-party cookies and other functionalities from the Chrome browser.

These commitments established a framework for the CMA to work closely with Google on the design and development of Privacy Sandbox proposals. The goal is to ensure that both competition and privacy are protected as these changes are implemented.

Throughout the investigation, the CMA has published quarterly reports on the implementation of Google's commitments. These reports provide updates on progress, stakeholder feedback, and areas where competition concerns remain.

The CMA's continued oversight of Google's Privacy Sandbox changes reflects the complex balance between protecting user privacy and maintaining fair competition in the digital advertising ecosystem. As the situation evolves, stakeholders in the advertising industry will be closely watching for further updates and opportunities to provide input on the proposed changes.

Key facts

Initial investigation opened: January 2021

Original commitments accepted: February 2022

Google's revised approach announced: July 22, 2024

Latest CMA update: September 24, 2024

Next public consultation planned: Q4 2024