As of this week, Apple’s requirements for apps to follow its AppTrackingTransparency are now in effect. These requirements went hand-in-hand with the iOS 14.5 launch, and impacts how an app can track users and access their advertising device IDs. In particular, consumer consent is now required if the app collects consumer information and shares it with others “for purposes of tracking across apps and web sites.” Apple has provided developers with specific implementation steps, which will be reviewed when apps are submitted to Apple for approval. As part of the submission, companies need to explain why they want to track users, as required under Apple’s guidelines.

As implemented, the process will mean that the app user would receive a pop-up telling them that the app wants to access the user’s unique device ID for advertisers. The pop-up asks the user if they want to be tracked and why the app they are using wants them to opt-in. The “why” is something that the app developer will need to draft and have contained within the pop-up.

Putting It Into Practice: As we discussed with the implementation of the privacy “nutrition labels,” companies who are engaging in covered tracking activities should take care that descriptions submitted to Apple are accurate.