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The European Commission Announced That It Has Initiated Initial Proceedings To Determine Apple's Interoperability Obligations Under The Digital Markets Act

In the press release published on its official website  on September 19,02024, the European Commission (“Commission”) announced that two specification proceedings has launched on 19 September 2024 to help Apple comply with its interoperability obligations under the Digital Markets Act (“DMA”).

According to the press release;

  • DMA aims to ensure competitive and fair markets in the digital sector. It regulates the gatekeepers who regulate major digital platforms; These platforms can have the power to create bottlenecks in the digital economy by providing an important gateway between business users and consumers.
  • On 6 September 2023, the Commission designated Apple's online intermediation service App Store, Apple's operating system iOS, and Apple's web browser Safari as core platform services. On 29 April 2024, the Commission adopted a decision designating Apple's iPadOS, the operating system for tablets, as a core platform service under the DMA. Apple had to fully comply with all DMA obligations for its operating system iOS by 7 March 2024, while the iPadOS has to be compliant by 30 October 2024.
  • The Commission has published an annual report on the implementation of the DMA and the progress made towards achieving its objectives.
  • The specification proceedings formalise the Commission's regulatory dialogue with Apple on certain specific areas of Apple's compliance with Article 6(7) DMA.
  • Pursuant to Article 8(2) of the DMA, the Commission may, on its own initiative, adopt a decision specifying the measures a gatekeeper has to implement to ensure effective compliance with substantive DMA obligations, such as the interoperability obligation of Article 6(7) DMA.
  • The first proceeding focuses on several iOS connectivity features and functionalities, predominantly used for and by connected devices. Companies offering these products depend on effective interoperability with smartphones and their operating systems, such as iOS. The Commission intends to specify how Apple will provide effective interoperability with functionalities such as notifications, device pairing and connectivity.
  • The second proceeding focuses on the process Apple has set up to address interoperability requests submitted by developers and third parties for iOS and IPadOS.
  • The Commission will conclude the proceedings within 6 months from their opening. In the course of these proceedings, the Commission will communicate its preliminary findings to Apple, where it will explain the measures the gatekeeper should take to effectively comply with the interoperability obligation of the DMA. A non-confidential summary of the preliminary findings and envisaged measures will be published to enable third parties to provide comments.

You can reach further information here.

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr