Opinion

Privacy Sandbox – CMA oversight role and how to engage – video

In this June 11th 2021 webinar we explain Google’s proposed commitments and the CMA’s position before taking questions and explaining how you can now get involved confidentially.

Key documents:

CMA to monitor Google : CMA to have key oversight role over Google’s planned removal of third-party cookies – GOV.UK (www.gov.uk)

CMAs position and Google’s proposed commitments : Notice of intention to accept binding commitments offered by Google (publishing.service.gov.uk)

Competition and Privacy working together : ICO and CMA set out blueprint for cooperation in digital markets | ICO


Get involved – Section 7

The CMA’s intentions and invitation to comment

7.1 In light of the above, the CMA provisionally considers that the Proposed Commitments, as set out in Appendix 1, are sufficient to address its competition concerns. Therefore, the CMA intends to accept the Proposed Commitments by a means of a formal commitments decision.

7.2 As required by paragraph 2(2)(d) of Schedule 6A of the Act, the CMA now invites interested third parties to make representations on the Proposed Commitments and will take such representations into account before making its final decision whether to accept the Proposed Commitments.

Invitation to comment

7.3 As noted above, the CMA has not reached a final view and invites all interested parties to submit observations and evidence in order to assist the CMA in its final assessment of the Proposed Commitments.

7.4 Any person wishing to comment on the Proposed Commitments should submit written representations to Angela Nissyrios and Simon Deeble at [email protected] by 8 July 2021 at 5pm. Please quote the case reference 50972 in all correspondence related to this matter.

7.5 The CMA is interested to hear from anyone wishing to comment on the Proposed Commitments. Any non-disclosure agreement a party may have in place with Google should not prevent them from responding to this consultation. How the CMA handles confidential information is set out in paragraph 7.8 below.

7.6 The CMA is particularly interested to hear any views on whether the Proposed Commitments, as set out in Appendix 1, are sufficient to address the competition concerns set out in section 5 above regarding:

(a) unequal access to the functionality associated with user tracking;
(b) self-preferencing Google’s own ad tech providers and owned and
operated ad inventory;
(c) imposition of unfair terms on Chrome’s web users.

7.7 In any representations to the CMA on the Proposed Commitments, please refer as far as possible to the relevant heading(s) and/or paragraph(s) within the Proposed Commitments.


Confidentiality

7.8 The CMA does not intend to publish the responses to the consultation with any commitments decision or notice to provisionally accept any modified commitments. However, the information contained in the responses may be used or summarised on an anonymous basis in these documents.

7.9 In the event that the Proposed Commitments are not accepted and the CMA is considering disclosing the information (such as in or with a statement of objections), it will revert to the provider of that information to obtain representations on confidentiality. The CMA will then consider those representations before deciding whether the information should be
disclosed under Part 9 of the Enterprise Act 2002.