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European Union Initiates Proceedings to Compel Apple to Open Up iPhone and iPad Operating Systems

EU Takes Action Against Apple for Interoperability Issues

The European Union (EU) has announced plans to compel Apple to open up its iPhone and iPad operating systems to competing technologies. The EU’s executive branch, the European Commission, has initiated two “specification proceedings” under the Digital Markets Act (DMA) to outline what Apple needs to do to comply with the regulations.

One of the proceedings will focus on ensuring that connected devices such as smartwatches, headphones, and virtual reality headsets have effective interoperability with Apple’s operating system. The other proceeding will examine how Apple handles interoperability requests from software developers for iOS and iPadOS.

The EU’s actions are in line with the DMA’s objective of preventing tech giants from dominating digital markets and breaking up closed tech ecosystems. The regulations require companies to make their systems interoperable with competitors, enabling consumers to switch between platforms more easily.

Under the DMA, the EU stated that Apple must provide free and effective interoperability to third-party developers and businesses. Failure to comply may result in fines of up to 10% of Apple’s annual global turnover, increasing to 20% for repeated infringements.

This move marks the first instance of the DMA specifications being used against Apple. Margrethe Vestager, the European Commission Executive Vice-President, emphasized the importance of effective interoperability, stating that it plays a significant role in ensuring fair and open digital markets.

As part of the proceedings, the EU will examine how Apple will provide interoperability with functionalities such as notifications, device pairing, and connectivity. Apple, in response, expressed its willingness to work with the European Commission but highlighted potential risks associated with opening up its software to non-Apple devices. The company stated that undermining the protections it has built over time could jeopardize the privacy and security of European consumers.

Apple also highlighted the more than 250,000 application programming interfaces (APIs) it has developed to allow developers to build apps that access its operating system while prioritizing user privacy and security.

This action by the EU comes after the European Court of Justice ordered Apple to pay over $14 billion in back taxes to Ireland. The court ruled that the tax breaks provided to Apple were unlawful aid that Ireland must recover. Additionally, in July, the European Commission accused Apple of preventing app makers from directing users to options outside of the App Store, a violation of DMA policies.

The EU’s regulatory dialogue with Apple aims to ensure clarity for developers, third parties, and Apple itself. The commission will consult with relevant parties to ensure that the proposed measures are practical and meet the needs of businesses.

In conclusion, the EU’s actions against Apple highlight the importance of interoperability in promoting fair competition and consumer choice in digital markets. While Apple has expressed concerns about potential risks, it is essential for tech companies to find a balance between protecting user privacy and security and facilitating interoperability with competitors.

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