Last week, on 29 June 2023, the UK Competition & Market Authority (CMA) published its guidance to third parties – i.e. ad techs, publishers , advertisers on how they can test Google’s Privacy Sandbox tools. That will allow the CMA to assess the tools by capturing the metrics and analysing the information as the market participant’s testing results.
CMA Case summary
Historically, the CMA had opened an investigation into Google’s proposals to remove third-party cookies (TPCs) on Chrome and replace TPCs functionality with a range of ‘Privacy Sandbox’ tools, while transferring key functionality to Chrome in January 2021, based on Chapter II of the Competition Act 1998. Then, one year later, on 11 February 2022, the CMA published its decision to accept Google’s commitments, addressing its competition concerns and developing its Privacy Sandbox tools. However, Google’s Android Privacy Sandbox proposals do not fall within the scope of these commitments. The process also involved the Information Commissioner’s Office (ICO) to ensure the protection of competition and privacy. Accordingly, in respect of the personal data use, Google’s commitment clarified the internal limits on the data that Google is allowed to use for the purposes of targeting and measuring digital advertising.
CMA guidance
The guidance note outlines the type of likely informative testing designs, enabling the market participants to assess the effectiveness of the Privacy Sandbox APIs. Furthermore, it describes how CMA proposed testing approaches fit with the support Google intends to provide for testing, including implications for timing. Also, it provides a meaningful way for the market participants to report test results to the CMA. The testing phase will last until the end of Q2 2024.
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