dma

apple-intelligence-and-other-features-won’t-launch-in-the-eu-this-year

Apple Intelligence and other features won’t launch in the EU this year

DMA —

iPhone Mirroring and SharePlay screen sharing will also skip the EU for now.

A photo of a hand holding an iPhone running the Image Playground experience in iOS 18

Enlarge / Features like Image Playground won’t arrive in Europe at the same time as other regions.

Apple

Three major features in iOS 18 and macOS Sequoia will not be available to European users this fall, Apple says. They include iPhone screen mirroring on the Mac, SharePlay screen sharing, and the entire Apple Intelligence suite of generative AI features.

In a statement sent to Financial Times, The Verge, and others, Apple says this decision is related to the European Union’s Digital Markets Act (DMA). Here’s the full statement, which was attributed to Apple spokesperson Fred Sainz:

Two weeks ago, Apple unveiled hundreds of new features that we are excited to bring to our users around the world. We are highly motivated to make these technologies accessible to all users. However, due to the regulatory uncertainties brought about by the Digital Markets Act (DMA), we do not believe that we will be able to roll out three of these features — iPhone Mirroring, SharePlay Screen Sharing enhancements, and Apple Intelligence — to our EU users this year.

Specifically, we are concerned that the interoperability requirements of the DMA could force us to compromise the integrity of our products in ways that risk user privacy and data security. We are committed to collaborating with the European Commission in an attempt to find a solution that would enable us to deliver these features to our EU customers without compromising their safety.

It is unclear from Apple’s statement precisely which aspects of the DMA may have led to this decision. It could be that Apple is concerned that it would be required to give competitors like Microsoft or Google access to user data collected for Apple Intelligence features and beyond, but we’re not sure.

This is not the first recent and major divergence between functionality and features for Apple devices in the EU versus other regions. Because of EU regulations, Apple opened up iOS to third-party app stores in Europe, but not in other regions. However, critics argued its compliance with that requirement was lukewarm at best, as it came with a set of restrictions and changes to how app developers could monetize their apps on the platform should they use those other storefronts.

While Apple says in the statement it’s open to finding a solution, no timeline is given. All we know is that the features won’t be available on devices in the EU this year. They’re expected to launch in other regions in the fall.

Apple Intelligence and other features won’t launch in the EU this year Read More »

apple-must-open-ipados-to-sideloading-within-6-months,-eu-says

Apple must open iPadOS to sideloading within 6 months, EU says

big regulations for a big iphone —

iPads must comply with the same DMA regulations as the iPhone.

Apple must open iPadOS to sideloading within 6 months, EU says

Andrew Cunningham

Starting in March with the release of iOS 17.4, iPhones in the European Union have been subject to the EU’s Digital Markets Act (DMA), a batch of regulations that (among other things) forced Apple to support alternate app stores, app sideloading, and third-party browser engines in iOS for the first time. Today, EU regulators announced that they are also categorizing Apple’s iPadOS as a “gatekeeper,” meaning that the iPad will soon be subject to the same regulations as the iPhone.

The EU began investigating whether iPadOS would qualify as a gatekeeper in September 2023, the same day it decided that iOS, the Safari browser, and the App Store were all gatekeepers.

“Apple now has six months to ensure full compliance of iPadOS with the DMA obligations,” reads the EU’s blog post about the change.

Apple technically split the iPad’s operating system from the iPhone’s in 2019 when it began calling its tablet operating system “iPadOS” instead of iOS. But practically speaking, little separates the two operating systems under the hood. Both iOS and iPadOS share the same software build numbers, they’re updated in lockstep (with rare exceptions), and most importantly for DMA compliance purposes, they pull software from the same locked-down App Store with the same Apple-imposed restrictions in place.

Apps distributed through alternate app stores or third-party websites will have to abide by many of Apple’s rules and will still generally be limited to using Apple’s public APIs. However, the ability to use alternate app stores and browser engines on the iPad’s large screen (and the desktop-class M-series chips) could make the tablets better laptop replacements by allowing them to do more of the things that Mac users can do on their systems.

Though Apple has made multiple changes to iOS in the EU to comply with the DMA, EU regulators are already investigating Apple (as well as Google and Meta) for “non-compliance.” Depending on the results of that investigation, the EU may require Apple to make more changes to the way it allows third-party apps to be installed in iOS and to the way that third-party developers are allowed to advertise non-Apple app store and payment options. Any changes that Apple makes to iOS to comply with the investigation’s findings will presumably trickle down to the iPad as well.

Of course, none of this directly affects US-based iPhone or iPad users, whose devices remain restricted to Apple’s app stores and the WebKit browsing engine. That said, we have seen some recent App Store rule changes that have arguably trickled down from Apple’s attempts to comply with the DMA, most notably policy changes that have allowed (some, not all) retro game console emulators into the App Store for the first time.

Apple must open iPadOS to sideloading within 6 months, EU says Read More »

facebook,-instagram-may-cut-fees-by-nearly-50%-in-scramble-for-dma-compliance

Facebook, Instagram may cut fees by nearly 50% in scramble for DMA compliance

Facebook, Instagram may cut fees by nearly 50% in scramble for DMA compliance

Meta is considering cutting monthly subscription fees for Facebook and Instagram users in the European Union nearly in half to comply with the Digital Market Act (DMA), Reuters reported.

During a day-long public workshop on Meta’s DMA compliance, Meta’s competition and regulatory director, Tim Lamb, told the European Commission (EC) that individual subscriber fees could be slashed from 9.99 euros to 5.99 euros. Meta is hoping that reducing fees will help to speed up the EC’s process for resolving Meta’s compliance issues. If Meta’s offer is accepted, any additional accounts would then cost 4 euros instead of 6 euros.

Lamb said that these prices are “by far the lowest end of the range that any reasonable person should be paying for services of these quality,” calling it a “serious offer.”

The DMA requires that Meta’s users of Facebook, Instagram, Facebook Messenger, and Facebook Marketplace “freely” give consent to share data used for ad targeting without losing access to the platform if they’d prefer not to share data. That means services must provide an acceptable alternative for users who don’t consent to data sharing.

“Gatekeepers should enable end users to freely choose to opt-in to such data processing and sign-in practices by offering a less personalized but equivalent alternative, and without making the use of the core platform service or certain functionalities thereof conditional upon the end user’s consent,” the DMA says.

Designated gatekeepers like Meta have debated what it means for a user to “freely” give consent, suggesting that offering a paid subscription for users who decline to share data would be one route for Meta to continue offering high-quality services without routinely hoovering up data on all its users.

But EU privacy advocates like NOYB have protested Meta’s plan to offer a subscription model instead of consenting to data sharing, calling it a “pay or OK model” that forces Meta users who cannot pay the fee to consent to invasive data sharing they would otherwise decline. In a statement shared with Ars, NOYB chair Max Schrems said that even if Meta reduced its fees to 1.99 euros, it would be forcing consent from 99.9 percent of users.

“We know from all research that even a fee of just 1.99 euros or less leads to a shift in consent from 3–10 percent that genuinely want advertisement to 99.9 percent that still click yes,” Schrems said.

In the EU, the General Data Protection Regulation (GDPR) “requires that consent must be ‘freely’ given,” Schrems said. “In reality, it is not about the amount of money—it is about the ‘pay or OK’ approach as a whole. The entire purpose of ‘pay or OK’, is to get users to click on OK, even if this is not their free and genuine choice. We do not think the mere change of the amount makes this approach legal.”

Where EU stands on subscription models

Meta expects that a subscription model is a legal alternative under the DMA. The tech giant said it was launching EU subscriptions last November after the Court of Justice of the European Union (CJEU) “endorsed the subscriptions model as a way for people to consent to data processing for personalized advertising.”

It’s unclear how popular the subscriptions have been at the current higher cost. Right now in the EU, monthly Facebook and Instagram subscriptions cost 9.99 euros per month on the web or 12.99 euros per month on iOS and Android, with additional fees of 6 euros per month on the web and 8 euros per month on iOS and Android for each additional account. Meta declined to comment on how many EU users have subscribed, noting to Ars that it has no obligation to do so.

In the CJEU case, the court was reviewing Meta’s GDPR compliance, which Schrems noted is less strict than the DMA. The CJEU specifically said that under the GDPR, “users must be free to refuse individually”—”in the context of” signing up for services— “to give their consent to particular data processing operations not necessary” for Meta to provide such services “without being obliged to refrain entirely from using the service.”

Facebook, Instagram may cut fees by nearly 50% in scramble for DMA compliance Read More »

yelp:-it’s-gotten-worse-since-google-made-changes-to-comply-with-eu-rules

Yelp: It’s gotten worse since Google made changes to comply with EU rules

illustration of google and yelp logos

Anjali Nair; Getty Images

To comply with looming rules that ban tech giants from favoring their own services, Google has been testing new look search results for flights, trains, hotels, restaurants, and products in Europe. The EU’s Digital Markets Act is supposed to help smaller companies get more traffic from Google, but reviews service Yelp says that when it tested Google’s design tweaks with consumers it had the opposite effect—making people less likely to click through to Yelp or another Google competitor.

The results, which Yelp shared with European regulators in December and WIRED this month, put some numerical backing behind complaints from Google rivals in travel, shopping, and hospitality that its efforts to comply with the DMA are insufficient—and potentially more harmful than the status quo. Yelp and thousands of others have been demanding that the EU hold a firm line against the giant companies including Apple and Amazon that are subject to what’s widely considered the world’s strictest antitrust law, violations of which can draw fines of up to 10 percent of global annual sales.

“All the gatekeepers are trying to hold on as long as possible to the status quo and make the new world unattractive,” says Richard Stables, CEO of shopping comparison site Kelkoo, which is unhappy with how Google has tweaked shopping results to comply with the DMA. “That’s really the game plan.”

Google spokesperson Rory O’Donoghue says the more than 20 changes made to search in response to the DMA are providing more opportunities for services such as Yelp to show up in results. “To suggest otherwise is plain wrong,” he says. Overall, Google’s tests of various DMA-inspired designs show clicks to review and comparison websites are up, O’Donoghue says—at the cost of users losing shortcuts to Google tools and individual businesses like airlines and restaurants facing a drop in visits from Google search. “We’ve been seeking feedback from a range of stakeholders over many months as we try to balance the needs of different types of websites while complying with the law,” he says.

Google, which generates 30 percent of its sales from Europe, the Middle East, and Africa, views the DMA as disrespecting its expertise in what users want. Critics such as Yelp argue that Google sometimes siphons users away from the more reliable content they offer. Yelp competes with Google for advertisers but generated less than 1 percent of its record sales of $1.3 billion last year from outside the US. An increase in European traffic could significantly boost its business.

To study search changes, Yelp worked with user-research company Lyssna to watch how hundreds of consumers from around the world interacted with Google’s new EU search results page when asked to find a dinner spot in Paris. For searches like that or for other “local” businesses, as Google calls them, one new design features results from Google Maps data at the top of the page below the search bar but adds a new box widget lower down containing images from and links to reviews websites like Yelp.

The experiments found that about 73 percent of about 500 people using that new design clicked results that kept them inside Google’s ecosystem—an increase over the 55 percent who did so when the design Google is phasing out in Europe was tested with a smaller pool of roughly 250 people.

Yelp also tested a variation of the new design. In this version, which Google has shared with regulators, the new box featuring review websites is placed above the maps widget. It was more successful in drawing people to try alternatives to Google, with only about 44 percent of consumers in the experiment sticking with the search giant. Though the box and widget will be treated equally by Google’s search algorithms, the order the features appear in will vary based on those calculations. Yelp’s concern is that Google will win out too often.

Yelp proposed to EU regulators that to produce more fair outcomes, Google should instead amend the map widget on results pages to include business listings and ratings from numerous providers, placing data from Google’s directory right alongside Yelp and others.

Companies such as Yelp that are critical of the changes in testing have called on the European Commission to immediately open an investigation into Google on March 7, when enforcement of the DMA begins.

“Yelp urges regulators to compel Google to fully comply with both the letter and spirit of the DMA,” says Yelp’s vice president of public policy, David Segal. “Google will soon be in violation of both, because if you look at what Google has put forth, it’s pretty clear that its services still have the best real estate.”

Yelp: It’s gotten worse since Google made changes to comply with EU rules Read More »

meta-relents-to-eu,-allows-unlinking-of-facebook-and-instagram-accounts

Meta relents to EU, allows unlinking of Facebook and Instagram accounts

Meta relents to EU, allows unlinking of Facebook and Instagram accounts

Meta will allow some Facebook and Instagram users to unlink their accounts as part of the platform’s efforts to comply with the European Union’s Digital Markets Act (DMA) ahead of enforcement starting March 1.

In a blog, Meta’s competition and regulatory director, Tim Lamb, wrote that Instagram and Facebook users in the EU, the European Economic Area, and Switzerland would be notified in the “next few weeks” about “more choices about how they can use” Meta’s services and features, including new opportunities to limit data-sharing across apps and services.

Most significantly, users can choose to either keep their accounts linked or “manage their Instagram and Facebook accounts separately so that their information is no longer used across accounts.” Up to this point, linking user accounts had provided Meta with more data to more effectively target ads to more users. The perk of accessing data on Instagram’s widening younger user base, TechCrunch noted, was arguably the $1 billion selling point explaining why Facebook acquired Instagram in 2012.

Also announced today, users protected by the DMA will soon be able to separate their Facebook Messenger, Marketplace, and Gaming accounts. However, doing so will limit some social features available in some of the standalone apps.

While Messenger users choosing to disconnect the chat service from their Facebook accounts will still “be able to use Messenger’s core service offering such as private messaging and chat, voice and video calling,” Marketplace users making that same choice will have to email sellers and buyers, rather than using Facebook’s messenger service. And unlinked Gaming app users will only be able to play single-player games, severing their access to social gaming otherwise supported by linking the Gaming service to their Facebook social networks.

While Meta may have had choices other than depriving users unlinking accounts of some features, Meta didn’t really have a choice in allowing newly announced options to unlink accounts. The DMA specifically requires that very large platforms designated as “gatekeepers” give users the “specific choice” of opting out of sharing personal data across a platform’s different core services or across any separate services that the gatekeepers manage.

Without gaining “specific” consent, gatekeepers will no longer be allowed to “combine personal data from the relevant core platform service with personal data from any further core platform services” or “cross-use personal data from the relevant core platform service in other services provided separately by the gatekeeper,” the DMA says. The “specific” requirement is designed to block platforms from securing consent at sign-up, then hoovering up as much personal data as possible as new services are added in an endless pursuit of advertising growth.

As defined under the General Data Protection Regulation, the EU requiring “specific” consent stops platforms from gaining user consent for broadly defined data processing by instead establishing “the need for granularity,” so that platforms always seek consent for each “specific” data “processing purpose.”

“This is an important ‘safeguard against the gradual widening or blurring of purposes for which data is processed, after a data subject has agreed to the initial collection of the data,’” the European Data Protection Supervisor explained in public comments describing “commercial surveillance and data security practices that harm consumers” provided at the request of the FTC in 2022.

According to Meta’s help page, once users opt out of sharing data between apps and services, Meta will “stop combining your info across these accounts” within 15 days “after you’ve removed them.” However, all “previously combined info would remain combined.”

Meta relents to EU, allows unlinking of Facebook and Instagram accounts Read More »