The European Commission started two specification proceedings Thursday to assist Apple in complying with its interoperability obligations under the Digital Markets Act (‘DMA’).
The DMA aims to ensure contestable and fair markets in the digital sector. It regulates ‘gatekeepers’ – large digital platforms that provide a gateway between business users and consumers – whose position can grant them the power to create a bottleneck in the digital economy.
Under the DMA, Apple has to provide free and effective interoperability to third party developers and businesses with hardware and software features controlled by Apple’s operating systems iOS and iPadOS, designated under the DMA.
Under the DMA, the EU executive can, on its own initiative, adopt a decision specifying the measures a so-called ‘gatekeeper’ (large online portal) under the DMA 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. Connected devices include smartwatches, headphones and virtual reality headsets. 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 request process has to be transparent, timely, and fair so that all developers have an effective and predictable path to interoperability and are enabled to innovate.
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.
In case of non-compliance, the Commission has powers to impose fines or periodic penalty payments.
