Executive Summary
The Story So Far
Why This Matters
Who Thinks What?
Apple has publicly called for the repeal of the European Union’s Digital Markets Act (DMA), arguing that the regulation hinders its ability to roll out new features in Europe and that the European Commission acts as an unfair and politically influenced arbiter. This comes after the tech giant faced a €500 million fine earlier this year from the Commission for restricting app developers from offering cheaper subscription options outside its App Store.
Apple’s Stance on the DMA
The company formalized its objections in a public submission to the European Commission, which is currently reviewing the effectiveness of the DMA. Apple contends that the regulation has directly prevented the launch of its latest iPhone features, including Live Translation and iPhone Mirroring, within the EU market.
Apple’s global marketing vice president, Greg Joswiak, previously expressed frustration to the Irish Independent, stating the company is “pissed off” about these restrictions. The company’s formal submission explicitly calls for the DMA’s repeal and the implementation of a more “fit for purpose legislative instrument.”
Concerns Over Enforcement and Independence
Beyond advocating for repeal, Apple’s submission also suggests that if the DMA remains in effect, its enforcement should be transferred to an independent European agency, separate from the European Commission. This proposed agency, Apple argues, would be “shielded from political interference” and capable of ensuring a “predictable, equitable, balanced, and text-based application” of the DMA that respects fundamental rights.
The company’s submission questions the Commission’s impartiality, stating, “Apple calls for a fundamental review as to whether the European Commission meets the criteria of an independent authority in the context of DMA enforcement.” It further alleges that the Commission has been “highly responsive to external pressures” and has “encouraged complaints and work hand-in-hand with third-parties” against Apple.
Security and Privacy Implications
Apple also raised concerns about the DMA’s impact on user security and privacy. The company claims that the new regulatory framework forces it to support third-party app marketplaces and alternative payment systems that may not adhere to the same high privacy and security standards as its own App Store.
According to Apple, this requirement increases the risk of EU users encountering scams, malware, and inadequate security. The company highlighted potential issues seen on other mobile platforms, such as fake banking apps and third-party payment systems lacking robust consumer protections, as risks the DMA could introduce to its ecosystem.