Following constructive dialogue with Apple, the Commission has closed its investigation into Apples obligations under the Digital Markets Act (DMA). The Commission also informed Apple of its preliminary view that Apples contract terms regarding alternative app distribution violate the DMA.
Closing of the investigation into Apples user choice obligations
The Commission closed the investigation against Apple concerning the DMA obligation allowing EU users to easily uninstall software applications and change default settings on iOS, as well as choose their default web browser from a choice screen.
This closure follows a constructive dialogue between the Commission and Apple. Apple changed its browser choice screen, streamlining the user experience for selecting and setting a new default browser on iPhone.
Apple also simplified the process 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 centrally, streamlining customization.
Additionally, users can now uninstall several pre-installed Apple apps, such as Safari — a previously unavailable feature.
The Commission will continue to monitor Apples measures and maintain 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 respective breaches of the Digital Markets Act. More information can be found here.
Preliminary findings on Apples contract terms
Under the DMA, Apple is required to allow app distribution on its iOS operating system by means other than the Apple App Store. Practically, this means allowing third-party app stores on iOS and apps to be downloaded directly from the web to the iPhone.
The Commission preliminarily views that Apple failed to comply with this obligation given the conditions imposed on app (and app store) developers. Developers wishing to use alternative app distribution channels on iOS are discouraged as they must opt for business terms including a new fee (Apples Core Technology Fee). Apple also introduced overly strict eligibility requirements, hindering developers ability to distribute apps through alternative channels. Finally, Apple makes it overly burdensome and confusing for end-users to install apps when using such alternative distribution channels.
The Commission has preliminarily found that Apple has failed to demonstrate that the implemented measures are strictly necessary and proportionate. Apple now has the opportunity to exercise its rights of defense by examining the Commissions investigation file and responding to the preliminary findings.
Background
On March 25, 2024, the Commission opened a non-compliance investigation into Apples adherence to user choice obligations related to users ability to easily uninstall software applications on iOS; to easily change default settings on iOS; to prompt users with choice screens allowing them to effectively and easily select an alternative browser on their iPhones.
On June 24, 2024, the Commission opened a non-compliance investigation into Apple over concerns that its new contractual requirements for alternative app distribution, including Apples new “Core Technology Fee”, fall short of ensuring effective compliance with Apples obligations under the DMA.
For more information and the latest news on the DMA, please check the Commission website.