The EC has published its preliminary findings and proposed measures in two cases aimed at ensuring interoperability with Apple’s software
The EC is consulting on measures aimed at ensuring Apple meets its interoperability obligations under the DMA
On 18 December 2024, the EC launched a consultation on proposed measures for interoperability between Apple’s iOS operating system and connected devices. As a gatekeeper under the Digital Markets Act (DMA), Apple must provide free and effective interoperability to third party developers and businesses with hardware and software features that are controlled by iOS and iPadOS – both of which have been designated as ‘core platform services’. The consultation follows the EC’s decision to open a “specification proceeding” in September 2024 focused on a number of iOS connectivity features and functionalities, the aim of which being to support Apple’s compliance with its interoperability obligations under the DMA.
The proposed measures are focused on interactivity, data transfer and configuration between iOS and connected devices
The EC has published its proposed draft measures for Apple to take and its preliminary findings on Apple iOS’ current lack of interoperability. These measures centre around how third-party devices such as headsets, smartwatches and headphones can be better integrated with iOS in the same way that Apple products such as AirPods are. The EC’s proposals relate to three key features:
Interactivity, such as seamless audio switching, audio intelligently switches between devices when using Apple headphones to prioritise the most relevant audio. The EC is proposing this feature through iOS be made available to all this-party headphones;
Data transfer, such as the AirDrop feature which allows Apple devices to share files with one another in close range with no friction or need to download any other apps. The EC is proposing this service be made available between iPhones and third-party devices; and
Device set-up and configuration, such as proximity-triggered pairing, only Apple’s connected devices such as AirPods and the Apple Watch can “magically” pair with an iPhone through a user-friendly process when an unpaired device is brought close to the iPhone. The EC is proposing that Apple must allow third-party devices to make use of a pairing process that is as user-friendly as this.
The EC’s proposed measures will also require Apple to implement some general measures for the various listed features that require improved interoperability under the DMA. Interoperability will have to be enabled for any type of connected device free of charge via complete and accurate frameworks provided by Apple. Any of these interoperability solutions must be equally as effective to those available to other Apple devices.
Apple will also be expected to make improvement to its request-based process for interoperability
In parallel, the EC has opened a consultation on proposed measures that Apple should implement to improve the request-based process for requesting interoperability with iOS and iPadOS – which also follows an earlier specification proceeding. The draft measures apply to all stages of the request process, including information on frameworks, libraries and daemons, support for developers, communications mechanisms and the conciliation process to address disagreements with Apple on technical issues. The EC is seeking feedback from third parties on whether these proposals would ensure that Apple’s request-based process is transparent, timely and fair, and in particular whether they are sufficient to make the process effective. The EC has posed a number of specific questions for stakeholders, for example:
Is the mapping of existing frameworks adequate to provide developers with prior information to submit a request and to obtain interoperability?
Are the proposed timelines adequate to establish a timely and predictable process that takes into account the specificities of the varying technical needs?
Are the proposed measures on communication and feedback allowing adequate developers’ involvement in the process?
Are the transparency measures allowing developers to be sufficiently informed about the process and its outcome?
Would the proposed process ensure a fair treatment of the requests and accountability for Apple’s decisions?
Are the proposed measures adequate to ensure that the request process delivers interoperability solutions that are effective and future-proof?
The EC will continue to enforce the DMA against Apple and other gatekeepers in 2025
Both consultations are open until 9 January 2025, with final decisions due to be adopted by the EC within six months of the opening of each specification proceeding – i.e. 19 March 2025. Although the EC’s work on ensuring Apple’s DMA compliance is currently its most advanced, it also has a number of ongoing investigations into other designated gatekeepers under the act. For instance, in July 2024, the EC published preliminary findings judging that Meta’s “pay or consent’ model for personalised advertising on Meta platforms violated the DMA. Such initiatives are only expected to continue within the new Commission now in place, with Teresa Ribera Rodrídguez (EVP for Clean, Just and Competitive Transition) promising a vigorous application of the DMA and collaboration with Henna Virkkunen (EVP for Tech Sovereignty, Security and Democracy) to fulfil that pledge.
