Brussels – Following “constructive dialogue with Apple,” the European Commission has decided to close its investigation into the company’s user choice obligations under the Digital Markets Act (DMA).
A statement explains that the Commission has also informed Apple of its preliminary view that Apple’s contract terms concerning alternative app distribution breach the DMA.
Closing of the investigation into Apple’s user choice obligations
The Commission closed the investigation against Apple concerning the DMA obligation that allows users in the EU to easily uninstall any software applications and change default settings on iOS, as well as to choose their default web browser from a choice screen.
This closure follows “a constructive dialogue between the Commission and Apple. As a result, Apple changed its browser choice screen, streamlining the user experience of selecting and setting a new default browser on iPhone,” according to the statement.
Apple also made it easier for users to change default settings for calling, messaging, call filtering, keyboards, password managers, and translation services on iPhones. A new menu now allows users to adjust their default settings in one centralized location, streamlining the customization process. In addition, users can now uninstall several Apple pre-installed apps, such as Safari — a functionality previously unavailable. The Commission assures that it will keep monitoring Apple’s measures and continue its regulatory dialogue to ensure full and effective user choice, as safeguarded by the DMA.
Today, the Commission also imposed fines on Apple and Meta for breaches of the Digital Markets Act.
Preliminary findings on Apple’s contract terms
Under the DMA, Apple is required to allow for the distribution of apps on its iOS operating system by means other than through the Apple App Store. In practical terms, this means that Apple should allow third party app stores on iOS and apps to be downloaded to the iPhone directly from the web. The Commission took the preliminary view that Apple failed to comply with this obligation in view of the conditions it imposes on app (and app store) developers.
Developers wanting to use alternative app distribution channels on iOS are disincentivized from doing so as this requires them to opt for business terms which include a new fee (Apple’s Core Technology Fee).
Apple also introduced overly strict eligibility requirements, hampering developers’ ability to distribute their apps through alternative channels. Finally, Apple makes it overly burdensome and confusing for end users to install apps when using such alternative app distribution channels. The Commission preliminarily found that Apple had not demonstrated that the measures taken were strictly necessary and proportionate. Apple now has the opportunity to exercise its rights of defense by reviewing the documents in the Commission’s investigation file and responding to the preliminary findings.
English version by the Translation Service of Withub
