Digital Markets Act

Apple calls for changes to DMA and may stop shipping to the EU

Apple criticises Brussels’ Digital Markets Act

Over the past few months, the European Commission — which is responsible for the DMA — has asked for more feedback from companies and EU citizens about the law’s effects. 

Octopus Energy

Apple has asked the European Commission to repeal many aspects of the Digital Markets Act (DMA), warning that unless it is amended the company could stop shipping some products and services to the bloc.

In the latest of a series of clashes with Brussels, Apple said the Digital Markets Act was leading to a worse experience for Apple users, exposing them to security risks, and disrupting the seamless way Apple products work together.

The company hit out in a submission to the commission’s review of the anti-monopoly legislation, which is intended to regulate the gatekeeper power of the largest digital companies including search engines, app providers and messaging services.

It said it had already delayed the launch of features such as live translation through AirPods and mirroring iPhone screens on to laptop because of the act’s demands for interoperability with non-Apple products and services.

Apple said in a statement:

At Apple, we’ve always focused on creating technology that empowers people and enriches their lives. We design our products to be intuitive and simple to use, to work seamlessly together, and to protect people’s privacy and security. Since we launched the App Store in 2008, we’ve also worked with developers to create one of the most vibrant, safe, and successful digital marketplaces in the world.

Millions of people in Europe choose Apple products because they love and trust them. Developers choose them to reach users globally and build thriving businesses. It’s a model that works — in Europe and around the world.

But the Digital Markets Act (DMA) is forcing us to make some concerning changes to how we design and deliver Apple products to our users in Europe.

Apple says that the DMA is impacting many parts of their EU users’ experience on their products — from how they download apps and make app payments, to how their Apple products work together.

The DMA requires Apple to make certain features work on non-Apple products and apps before they can share them with users. Unfortunately, that requires a lot of engineering work, and it’s caused Apple to delay some new features in the EU:

  • Live Translation with AirPods uses Apple Intelligence to let Apple users communicate across languages. Bringing a sophisticated feature like this to other devices creates challenges that take time to solve. For example, Apple designed Live Translation so that users’ conversations stay private — they’re processed on device and are never accessible to Apple — and teams are doing additional engineering work to make sure they won’t be exposed to other companies or developers either.
  • iPhone Mirroring lets users see and interact with their iPhone from their Mac, so they can seamlessly check their notifications, or drag and drop photos between devices. Apple teams still have not found a secure way to bring this feature to non-Apple devices without putting all the data on a user’s iPhone at risk. And as a result, Apple have not been able to bring the feature to the EU.

Apple said the DMA should be repealed or, at a minimum, replaced with more appropriate legislation. It did not specify which products could in future be prevented from being distributed in the EU, but said that the Apple Watch might not be released today in the EU.

App Store

Apple says they’ve always run the App Store to be a safe and trusted marketplace for users, and to create a business opportunity for developers.

Due to the DMA, EU users are experiencing the following impacts:

  • More risks when downloading apps and making payments: The DMA requires Apple to allow sideloading, other app marketplaces, and alternative payment systems — even if they don’t meet the same high privacy and security standards as the App Store. On other mobile platforms, users face scams spread through fake banking apps, malware disguised as games, and third-party payment systems that overcharge them with no way to get their money back. The DMA’s requirements make it more likely Apple EU users will be exposed to similar risks.
  • A less intuitive experience: Instead of one trusted place to get apps, EU users now face multiple marketplaces, each with their own design, rules, and review standards. On other mobile platforms, that leads to harmful look-alike apps that slip through with fewer checks, and marketplaces where users don’t know where to turn if something goes wrong. Apple users in the EU are now more likely to face those same risks. And it’ll only become harder for EU users to know where an app came from, who’s responsible for it, and what protections apply if problems arise.
  • New exposure to harmful apps: For the first time, pornography apps are available on iPhone from other marketplaces — apps that Apple never allowed on the App Store because of the risks they create, especially for children. That includes Hot Tub, a pornography app that was announced by AltStore earlier this year. The DMA has also brought gambling apps to iPhone in regions where they are prohibited by law.

Apple says:

We built the App Store to be a central, trusted place for our users where every app is reviewed, every developer follows the same rules, and parents have tools to protect their children.

We’re still fighting to protect that quality experience our users expect, but the DMA has forced changes to that model. And that’s creating more complexity and more risks for our EU users.

Privacy and Security Threats

The DMA also lets other companies request access to user data and core technologies of Apple products. Apple is required to meet almost every request, even if they create serious risks for Apple users.

Apple says that companies have submitted requests for some of the most sensitive data on a user’s iPhone. The most concerning include:

  • The complete content of a user’s notifications: This data includes the content of a user’s messages, emails, medical alerts, and any other notifications a user receives. And it would reveal data to other companies that currently, even Apple can’t access.
  • The full history of Wi-Fi networks a user has joined: Wi-Fi history can reveal sensitive information about a user’s location and activities. For instance, companies can use it to track whether you’ve visited a certain hospital, hotel, fertility clinic, or courthouse.

Apple says that large companies continue to submit new requests to collect even more data — putting Apple EU users at much higher risk of surveillance and tracking.

Apple says they have explained these risks to the European Commission, but so far, they haven’t accepted privacy and security concerns as valid reasons to turn a request down.