EU

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 »

concerns-over-addicted-kids-spur-probe-into-meta-and-its-use-of-dark-patterns

Concerns over addicted kids spur probe into Meta and its use of dark patterns

Protecting the vulnerable —

EU is concerned Meta isn’t doing enough to protect children using its apps.

An iPhone screen displays the app icons for WhatsApp, Messenger, Instagram, and Facebook in a folder titled

Getty Images | Chesnot

Brussels has opened an in-depth probe into Meta over concerns it is failing to do enough to protect children from becoming addicted to social media platforms such as Instagram.

The European Commission, the EU’s executive arm, announced on Thursday it would look into whether the Silicon Valley giant’s apps were reinforcing “rabbit hole” effects, where users get drawn ever deeper into online feeds and topics.

EU investigators will also look into whether Meta, which owns Facebook and Instagram, is complying with legal obligations to provide appropriate age-verification tools to prevent children from accessing inappropriate content.

The probe is the second into the company under the EU’s Digital Services Act. The landmark legislation is designed to police content online, with sweeping new rules on the protection of minors.

It also has mechanisms to force Internet platforms to reveal how they are tackling misinformation and propaganda.

The DSA, which was approved last year, imposes new obligations on very large online platforms with more than 45 million users in the EU. If Meta is found to have broken the law, Brussels can impose fines of up to 6 percent of a company’s global annual turnover.

Repeat offenders can even face bans in the single market as an extreme measure to enforce the rules.

Thierry Breton, commissioner for internal market, said the EU was “not convinced” that Meta “has done enough to comply with the DSA obligations to mitigate the risks of negative effects to the physical and mental health of young Europeans on its platforms Facebook and Instagram.”

“We are sparing no effort to protect our children,” Breton added.

Meta said: “We want young people to have safe, age-appropriate experiences online and have spent a decade developing more than 50 tools and policies designed to protect them. This is a challenge the whole industry is facing, and we look forward to sharing details of our work with the European Commission.”

In the investigation, the commission said it would focus on whether Meta’s platforms were putting in place “appropriate and proportionate measures to ensure a high level of privacy, safety, and security for minors.” It added that it was placing special emphasis on default privacy settings for children.

Last month, the EU opened the first probe into Meta under the DSA over worries the social media giant is not properly curbing disinformation from Russia and other countries.

Brussels is especially concerned whether the social media company’s platforms are properly moderating content from Russian sources that may try to destabilize upcoming elections across Europe.

Meta defended its moderating practices and said it had appropriate systems in place to stop the spread of disinformation on its platforms.

© 2024 The Financial Times Ltd. All rights reserved. Not to be redistributed, copied, or modified in any way.

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report:-microsoft-to-face-antitrust-case-over-teams

Report: Microsoft to face antitrust case over Teams

VS. —

Unbundling Teams from Office has apparently failed to impress EU regulators.

Report: Microsoft to face antitrust case over Teams

Microsoft

Brussels is set to issue new antitrust charges against Microsoft over concerns that the software giant is undermining rivals to its videoconferencing app Teams.

According to three people with knowledge of the move, the European Commission is pressing ahead with a formal charge sheet against the world’s most valuable listed tech company over concerns it is restricting competition in the sector.

Microsoft last month offered concessions as it sought to avoid regulatory action, including extending a plan to unbundle Teams from other software such as Office, not just in Europe but across the world.

However, people familiar with their thinking said EU officials were still concerned that the company did not go far enough to facilitate fairness in the market.

Rivals are concerned that Microsoft will make Teams run more compatibly than rival apps with its own software. Another concern is the lack of data portability, which makes it difficult for existing Teams users to switch to alternatives.

The commission’s move would represent an escalation of a case that dates back to 2020 after Slack, now owned by Salesforce, submitted a formal complaint over Microsoft’s Teams.

It also would end a decade-long truce between EU regulators and the US tech company, after a series of competition probes that ended in 2013. The EU then issued a 561 million euro fine against Microsoft for failure to comply with a decision over the bundling of the Internet Explorer browser with its Windows operating system.

Charges could come in the next few weeks, said the people familiar with the commission’s thinking. Rivals of Microsoft and the commission are meeting this week to discuss the case, in an indication that the charges are being prepared, the people said.

However, they warned that Microsoft could still offer last-minute concessions that would derail the EU’s case, or the commission might decide to delay or scrap the charges against the company.

Microsoft risks fines of up to 10 percent of its global annual turnover if found to have breached the EU competition law.

The company declined to comment but referred to an earlier statement that said it would “continue to engage with the commission, listen to concerns in the marketplace, and remain open to exploring pragmatic solutions that benefit both customers and developers in Europe.”

The commission declined to comment.

The move against Microsoft comes at a time of heightened scrutiny of its activities. The EU is also investigating whether the tech group’s $13 billion alliance with ChatGPT maker OpenAI breaks competition law.

Microsoft is also part of a handful of tech companies, including Google and Meta, caught as “gatekeepers” under the new Digital Markets Act, meaning it has special responsibilities when trading in Europe.

The tech company has also faced complaints from European cloud computing providers that are concerned that Microsoft is abusing its dominant position in the sector to force users to buy its products and squashing competition from smaller start-ups in Europe.

© 2024 The Financial Times Ltd. All rights reserved. Not to be redistributed, copied, or modified in any way.

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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 »

apple’s-treatment-of-epic-games-draws-the-eye-of-eu-regulators

Apple’s treatment of Epic Games draws the eye of EU regulators

We’re watching you —

Apple could face massive fines if it’s found in violation of new rules.

Artist's conception of Apple attempting to dodge the concerns of EU regulators.

Enlarge / Artist’s conception of Apple attempting to dodge the concerns of EU regulators.

Epic Games

European Union regulators are investigating whether Apple’s recent revocation of an Epic Games iOS developer account puts the iPhone-maker in violation of the Digital Markets Act and other rules in the continent. If Apple is found in violation, the European Commission could impose significant fines as part of its effort to put some force behind its sweeping tech regulations.

“We have requested further explanations on this from Apple under the DMA (Digital Markets Act),” a European Commission spokesperson told Reuters late Thursday. “We are also evaluating whether Apple’s actions [regarding Epic Games] raise doubts on their compliance with the DSA (Digital Services Act) and the P2B (Platform to Business Regulation), given the links between the developer program membership and the App store as designated VLOP (very large online platform).”

More than just the DMA

Apple’s plans for what Epic calls “malicious compliance” under the DMA, which goes into effect today, have gotten plenty of attention in recent months. But the European Commission’s statement suggests its investigation could encompass other regulations as well.

The Digital Services Act, which went into effect in Europe last year, is mainly focused on transparency in algorithmic recommendations and “systemic risks” in platforms promoting misinformation. But the act also stipulates that platform moderation, including account suspension or termination, must be enforced “in a diligent, objective, and proportionate manner (emphasis added).” Whether Epic’s apparently indefinite ban from iOS development fits that proportionality standard is something the EU is seemingly interested in investigating.

The EU’s platform-to-business trading regulations, meanwhile, require major platforms like Apple to meet certain guidelines for transparency in their communications with other businesses. That includes detailed instructions for “specific preliminary steps” that have to be taken before a large platform terminates a business account.

“Listen, you need to be able to carry another app store…”

Earlier this week, the European Commission imposed a significant $2 billion fine on Apple over the company’s treatment of competing music subscription services on its devices. That penalty, which Apple is appealing, could be seen as a sign that European regulators plan to enforce violations of their major tech regulations with more than a slap on the wrist. The available penalties for DMA violations can run up to “10 percent of the company’s total worldwide turnover” for a first offense.

“The fine is there to punish past behavior and of course to be a deterrent for it not to be repeated,” European Commission Executive Vice President Margrethe Vestager told Bloomberg TV Tuesday. “We have the DMA coming into compliance [Thursday], so the demand of compliance is… listen, you need to be able to carry another app store, for instance, and you cannot put in place a fee structure that sort of disables the benefits of the DMA for all the market participants…”

In a statement Wednesday Apple cited “Epic’s egregious breach of its contractual obligations to Apple” in its decision to rescind Epic’s Swedish iOS developer account. Apple also cited US legal cases establishing its “right to terminate ‘any or all of Epic Games’ wholly owned subsidiaries, affiliates, and/or other entities under Epic Games’ control at any time and at Apple’s sole discretion.'”

Epic says it has provided a “good faith” promise to abide by Apple’s terms for creating a competing App Store in the EU and that it is being punished for criticizing the iPhone maker publicly. “Apple is retaliating against Epic for speaking out against Apple’s unfair and illegal practices, just as they’ve done to other developers time and time again,” the company said in a statement Wednesday.

Apple’s treatment of Epic Games draws the eye of EU regulators Read More »

apple-changes-course,-will-keep-iphone-eu-web-apps-how-they-are-in-ios-17.4

Apple changes course, will keep iPhone EU web apps how they are in iOS 17.4

Digital Markets Act —

Alternative browsers can pin web apps, but they only run inside Apple’s WebKit.

EU legislation has pushed a number of changes previously thought unthinkable in Apple products, including USB-C ports in iPhones sold in Europe.

Enlarge / EU legislation has pushed a number of changes previously thought unthinkable in Apple products, including USB-C ports in iPhones sold in Europe.

Getty Images

Apple has changed its stance on allowing web apps on iPhones and iPads in Europe and will continue to let users put them on their home screens after iOS 17.4 arrives. They will, however, have to be “built directly on WebKit and its security architecture,” rather than running in alternative browsers, which is how it had worked up until new legislation forced the issue.

After the European Union’s Digital Markets Act (DMA) demanded Apple open up its mobile devices to alternative browser engines, the company said it would remove the ability to install home screen web apps entirely. In a developer Q&A section, under the heading “Why don’t users in the EU have access to Home Screen web apps?”, Apple said that “the complex security and privacy concerns” of non-native web apps and what addressing them would require “given the other demands of the DMA and the very low user adoption of Home Screen web apps,” made it so that the company “had to remove the Home Screen web apps feature in the EU.” Any web app installed on a user’s home screen would have simply led them back to their preferred web browser.

Apple further warned against “malicious web apps,” which, without the isolation built into its WebKit system, could read data, steal permissions from other web apps, and install further web apps without permission, among other concerns.

That response prompted an inquiry by the European Commission officials, who asked Apple and app developers about the impact of a potential removal of home screen web apps. It also prompted a survey conducted by the Open Web Advocacy group. Apple has until March 6 to comply with the DMA. Apple’s move to block web apps entirely suggested that allowing web apps powered by Safari, but not other browser engines, might violate the DMA’s rules. Now, some aspect of that cautious approach has changed.

Under an updated version of that section heading, Apple reiterates its security and privacy concerns and the need to “build new integration architecture that does not currently exist in iOS.” But because of requests to continue web app offerings, “we will continue to offer the existing Home Screen capability in the EU,” Apple writes.

The long, weird road to where web apps are now

Apple has long offered web apps (or Progressive Web Apps) that opened as a separate application rather than in a browser tab. Web apps installed this way offer greater persistence and access to device features, like notifications, cameras, or file storage. Web apps were initially touted by Apple co-founder and then-CEO Steve Jobs as “everything you need” to write “amazing apps” rather than dedicated apps with their own SDK. Four months later, an iPhone SDK was announced, and Apple declared its enthusiastic desire for “native third-party applications on the iPhone.”

While Apple does not break out App Store revenues in its earning statements, its Services division recorded an all-time high of $22.3 billion in the company’s fourth quarter of 2023, including “all time revenue records” across the App Store and other offerings.

As part of its DMA compliance as a “gatekeeper” of certain systems, Apple must also allow for sideloading for EU customers, or allowing the installation of iOS apps from stores other than its own official App Store. This week, more than two dozen companies signed a letter to the Commission lamenting Apple’s implementation of App Store rules. Developers seeking to utilize alternative app stores will have to agree to terms that include a “Core Technology Fee,” demanding a 0.50 euro fee for each app, each year, after 1 million downloads. “Few app developers will agree to these unjust terms,” the letter claims, and will thereby further “Apple’s exploitation of its dominance over app developers.”

In a statement provided to Ars, Apple said that its “approach to the Digital Markets Act was guided by two simple goals: complying with the law and reducing the inevitable, increased risks the DMA creates for our EU users.” It noted that Apple employees “spent months in conversation with the European Commission,” and had “in little more than a year, created more than 600 new APIs and a wide range of developer tools.” Still, Apple said, the changes and safeguards it put in place can’t entirely “eliminate new threats the DMA creates,” and the changes “will result in a less secure system.”

That is why, Apple said, it is limiting third-party browser engines, app stores, and other DMA changes to the European Union. “[W]e’re concerned about their impacts on the privacy and security of our users’ experience—which remains our North Star.”

Apple changes course, will keep iPhone EU web apps how they are in iOS 17.4 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 »

report:-apple-is-about-to-be-fined-e500-million-by-the-eu-over-music-streaming

Report: Apple is about to be fined €500 million by the EU over music streaming

Competition concerns —

EC accuses Apple of abusing its market position after complaint by Spotify.

Report: Apple is about to be fined €500 million by the EU over music streaming

Brussels is to impose its first-ever fine on tech giant Apple for allegedly breaking EU law over access to its music streaming services, according to five people with direct knowledge of the long-running investigation.

The fine, which is in the region of €500 million and is expected to be announced early next month, is the culmination of a European Commission antitrust probe into whether Apple has used its own platform to favor its services over those of competitors.

The probe is investigating whether Apple blocked apps from informing iPhone users of cheaper alternatives to access music subscriptions outside the App Store. It was launched after music-streaming app Spotify made a formal complaint to regulators in 2019.

The Commission will say Apple’s actions are illegal and go against the bloc’s rules that enforce competition in the single market, the people familiar with the case told the Financial Times. It will ban Apple’s practice of blocking music services from letting users outside its App Store switch to cheaper alternatives.

Brussels will accuse Apple of abusing its powerful position and imposing anti-competitive trading practices on rivals, the people said, adding that the EU would say the tech giant’s terms were “unfair trading conditions.”

It is one of the most significant financial penalties levied by the EU on Big Tech companies. A series of fines against Google levied over several years and amounting to about 8 billion euros are being contested in court.

Apple has never previously been fined for antitrust infringements by Brussels, but the company was hit in 2020 with a 1.1 billion-euro fine in France for alleged anti-competitive behavior. The penalty was revised down to 372 million euros after an appeal.

The EU’s action against Apple will reignite the war between Brussels and Big Tech at a time when companies are being forced to show how they are complying with landmark new rules aimed at opening competition and allowing small tech rivals to thrive.

Companies that are defined as gatekeepers, including Apple, Amazon, and Google, need to fully comply with these rules under the Digital Markets Act by early next month.

The act requires these tech giants to comply with more stringent rules and will force them to allow rivals to share information about their services.

There are concerns that the rules are not enabling competition as fast as some had hoped, although Brussels has insisted that changes require time.

Brussels formally charged Apple in the anti-competitive probe in 2021. The commission narrowed the scope of the investigation last year and abandoned a charge of pushing developers to use its own in-app payment system.

Apple last month announced changes to its iOS mobile software, App Store, and Safari browser in efforts to appease Brussels after long resisting such steps. But Spotify said at the time that Apple’s compliance was a “complete and total farce.”

Apple responded by saying that “the changes we’re sharing for apps in the European Union give developers choice—with new options to distribute iOS apps and process payments.”

In a separate antitrust case, Brussels is consulting with Apple’s rivals over the tech giant’s concessions to appease worries that it is blocking financial groups from its Apple Pay mobile system.

The timing of the Commission’s announcement has not yet been fixed, but it will not change the direction of the antitrust investigation, the people with knowledge of the situation said.

Apple, which can appeal to the EU courts, declined to comment on the forthcoming ruling but pointed to a statement a year ago when it said it was “pleased” the Commission had narrowed the charges and said it would address concerns while promoting competition.

It added: “The App Store has helped Spotify become the top music streaming service across Europe and we hope the European Commission will end its pursuit of a complaint that has no merit.”

The Commission—the executive body of the EU—declined to comment.

© 2024 The Financial Times Ltd. All rights reserved. Not to be redistributed, copied, or modified in any way.

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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 »

adobe-gives-up-on-$20-billion-acquisition-of-figma

Adobe gives up on $20 billion acquisition of Figma

No deal —

Competition probes in the EU and UK made regulatory approval dicey.

Adobe and Figma logos

Adobe has abandoned its proposed $20 billion acquisition of product design software company Figma, as there was “no clear path to receive necessary regulatory approvals” from UK and EU watchdogs.

The deal had faced probes from both the UK and EU competition regulators for fears it would have an impact on the product design, image editing, and illustration markets.

Adobe refused to offer remedies to satisfy the UK Competition and Markets Authority’s concerns last week, according to a document published by the regulator on Monday, arguing that a divestment would be “wholly disproportionate.”

Hours later, the two companies issued a mutual statement terminating the merger, citing the regulatory challenges. Adobe will pay Figma $1 billion in a termination fee under the terms of the merger agreement.

“Adobe and Figma strongly disagree with the recent regulatory findings, but we believe it is in our respective best interests to move forward independently,” said Shantanu Narayen, chair and chief executive of Adobe.

The companies had been battling multiple regulatory challenges, with the EU’s executive body, the European Commission, publishing a statement of objections to the deal last month arguing the takeover could “significantly reduce competition in the global markets.”

Margrethe Vestager, the EU’s competition commissioner, said: “By combining these two companies, the proposed acquisition would have terminated all current and prevented all future competition between them. Our in-depth investigation showed that this would lead to higher prices, reduced quality or less choice for customers.”

Competition regulators around the world have sent mixed signals over the aspirations of Big Tech groups hoping to acquire promising start-ups and potential rivals, at a time when public markets have been largely closed to new listings.

The EU’s antitrust watchdog has made a formal objection to Amazon’s $1.7 billion proposed purchase of Roomba-maker iRobot. However, Microsoft was able to complete its $75 billion takeover of games maker Activision after it made revisions to the deal to appease UK regulators.

Speaking with the Financial Times last week, Figma chief executive Dylan Field said: “It is important that those paths of acquisition remain available because very few companies make it all the way to IPO. So many companies fail on the way.”

Shares in Adobe were up almost 2 percent in pre-market trading. Since the deal was announced, Adobe has turned its focus to embedding generative artificial intelligence into its products by, for example, enabling users to create novel stock imagery with AI.

The huge price that Adobe was willing to pay for San Francisco-based Figma had been seen by critics of the deal as an effort to quash the software giant’s most promising new rival in decades.

The deal, which was first negotiated during the COVID-19 pandemic’s boom in tech investment and announced in September 2022, would have valued Figma at roughly 50 times its annual recurring revenue, and double its last private funding round in 2021.

The companies were expected to appear in front of the CMA to contest the regulator’s provisional findings on Thursday this week.

Under its proposed remedies in November, the CMA said it was considering either prohibiting the deal or demanding the divestiture of overlapping operations, such as Adobe’s Illustrator or Photoshop, or Figma’s core product, Figma Design.

Field said that the latter suggestion left him amazed at “the idea of buying a company so you can divest the company.”

“When I read that document and saw that was one of the proposals, I thought it was quite amusing; it felt like a bit of a punchline to a joke. I was surprised to see that as a proposal from the agency.” In a statement on Monday, Field said he was “disappointed in the outcome.”

Earlier on Monday, the CMA had published the companies’ responses to its provisional findings, which Adobe and Figma said contained “serious errors of law and fact” and took “an irrational approach to the gathering and appraisal of evidence.”

“Requiring a multibillion-dollar global divestment of Photoshop or Illustrator in order to address an uncertain and speculative theory of harm is wholly disproportionate,” they wrote.

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Google mounts ultimate appeal against EU’s Android antitrust penalties

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