
The European Commission has officially published its against Apple’s App Store practices in the European Union, and the message is clear: the company’s new “DMA-compliant” terms… still aren’t compliant.
Following its initial €500 million fine in April , the European Commission is now giving Apple 30 days to fully align its App Store rules with the Digital Markets Act (DMA). If it fails to comply, the EU says it will start imposing “periodic penalty payments” until Apple does:
“In view of the seriousness of Apple’s non-compliance with Article 5(4) of Regulation (EU) 2022/1925, as established in this Decision and considering that the non-compliance has been found to be on-going, the Commission concludes that it is necessary to impose periodic penalty payments pursuant to Article 31(1), point (h), of Regulation (EU) 2022/1925 if Apple were to fail to implement measures that bring the infringement effectively to an end within 60 calendar days from the date of notification of this Decision.
Any periodic penalty payments that may be definitively set should be sufficient to ensure compliance by Apple with this Decision and may take account of Apple’s significant financial resources (see recitals (286) and (307) of this Decision).”
And
“If the addressee of this Decision fails to comply with Article 3 within 60 calendar days from the date of notification of this Decision, it shall incur periodic penalty payments not exceeding the limit stipulated in Article 31(1) of Regulation (EU) 2022/1925, from the date on which it is required to bring the non-compliance effectively to an end pursuant to Article 3, until the date on which it complies with the Decision.”
At the heart of the issue is Apple’s approach to anti-steering restrictions, which prevent app developers from telling users they can pay for services outside the App Store environment. Under the DMA, gatekeepers like Apple must let developers inform users about alternative payment options, promote those options inside their apps, and complete transactions—free of charge.
Apple did make changes earlier this year. But according to the new ruling, those changes fall short in just about every way.
The Commission evaluated Apple’s original App Store terms, its new business terms introduced in March, and a separate version for music streaming apps. In all cases, it found Apple is still not compliant:
“It follows from the above that Apple has not put forward any convincing arguments calling into question the serious gravity of the non-compliance.”
Under Apple’s new proposed rules, developers can include one external link per app to their own website. However, they must use Apple’s format, can’t include pre-filled user data in the URL, and must show a scare sheet before the link actually opens. Also, Apple charges a 27% commission on these purchases, instead of the 30% it collects for in-app purchases.
Apple argued that the DMA doesn’t require it to “technically enable” or “facilitate” steering, but rather to simply “allow” for it. The Commission rejected that interpretation, saying Apple’s restrictions, fees, and technical limitations “undermine the effectiveness” of the law.
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