Commission closes investigation into Apple’s user choice obligations and issues preliminary findings on rules for alternative apps under the Digital Markets Act

This article is brought to you in association with the European Commission.

Following a constructive dialogue with Apple, the Commission has decided to close its investigation into Apple’s user choice obligations under the Digital Markets Act (DMA). 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 with respect to the DMA obligation that gives users in the EU the possibility 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.

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 centralised location, streamlining the customisation process.

In addition, users can now uninstall several Apple pre-installed apps, such as Safari — a functionality previously unavailable.

The Commission 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 has also imposed fines to Apple and Meta for respective breaches of the Digital Markets Act. You can find more information here.

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 takes 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 disincentivised 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 has preliminarily found that Apple has failed to demonstrate that the measures put in place are strictly necessary and proportionate. Apple now has the possibility to exercise its rights of defence by examining the documents in the Commission’s investigation file and by responding to the preliminary findings.

Background

On 25 March 2024, the Commission opened a non-compliance investigation into Apple’s compliance with user choice obligations related to users’ ability to easily uninstall any software applications on iOS; to easily change default settings on iOS; to prompt users with choice screens which must effectively and easily allow them to select an alternative browser on their iPhones.

On 24 June 2024, the Commission opened a non-compliance investigation into Apple over concerns that its new contractual requirements for alternative app distribution, including Apple’s new “Core Technology Fee”, fall short of ensuring effective compliance with Apple’s obligations under the DMA.

For more information and latest news on the DMA, please check the Commission website.