Apple has published a public letter outlining its view on the implementation of the Digital Markets Act (DMA) in the EU, passing the buck to the Commission in Brussels.
According to the lengthy screed, the delivery of functions such as iPhone mirroring, live translation on the Airpods, and preferred routes in Maps is being delayed because Apple sees itself in an impassable situation: On the one hand, the DMA obliges the manufacturer to provide the same functions for third-party peripherals; on the other hand, Apple sees the integrity of user data at risk, as these functions would involve passing on sensitive user data to the third-party manufacturers.
Hardships and risks caused by the DMA
In its letter, Apple highlights numerous disadvantages for EU users caused by the DMA. These include increased risks for app downloads and mobile payments, as other platforms spread fake banking apps or games infected with malware. Additionally, the user experience suffers as users are confronted with other app stores and marketplaces that employ different rules and have distinct designs.
Users could thus come into contact with harmful apps, specifically porn apps such as Hot Tube in the AltStore or gambling apps that were banned in certain regions until the implementation of the DMA on the iPhone.
Apple complains that the European Commission has not responded to the objection that sharing such sensitive data as the content of app notifications or the history of all previously connected Wi-Fi networks poses a risk to users. In fact, there are several documents on the Europa.eu platform that document discussions between Apple and the European Commission. The Commission responds to Apple’s security objections:
However, some aspects of privacy and security are not covered by the concept of integrity as defined in Regulation (EU) 2022/1925. In particular, the concept of integrity in Regulation (EU) 2022/1925 does not allow gatekeepers to impose their own model of security and privacy on third parties.
In fact, nothing in Regulation (EU) 2022/1925 prevents competition or differentiation in terms of security and data protection models as long as they are compatible with the applicable legislation. For example, the gatekeeper should not prevent third-party apps from accessing the camera of a smartphone or tablet if they have obtained the user’s consent – as access to the camera is necessary for many legitimate use cases, such as video conferencing apps.
Since third-party services and hardware are subject to applicable legislation anyway, including data protection and cybersecurity, the decision whether to use a service should rest with the end user – not the gatekeeper who controls the operating system.
COMMISSION IMPLEMENTING DECISION of 19 March 2025, point 87, page 24
Apple clearly has a much stricter view of data protection regulations than the EU.
Singled out
Apple says its engineering teams “are doing additional engineering work” to offer live translations in the EU without the risk of exposing private conversations to “other companies or developers.” In the complaint, Apple claims it is being singled out in the DMA “while leaving our competitors free to continue as they always have”:
The DMA’s rules only apply to Apple, even though Samsung is the market leader in the smartphone sector in Europe and Chinese companies are growing rapidly.
Apple is correct in noting that Samsung is excluded from the DMA. However, Apple’s objection overlooks the fact that there are many other manufacturers besides Samsung that offer Android smartphones, including Alphabet, which is affected by the DMA. In fact, the EU Commission has categorised several companies as digital gatekeepers, including Microsoft, Meta, Amazon, and Alphabet.
However, one can understand Apple’s demand that legislators should take a closer look at the effects of the DMA. But Apple’s position must also be viewed critically here. The App Store has no longer been the only source of app access on iPhone and iPad in the EU for over a year, and Apple’s nightmare scenario of droves of users downloading malware and fake apps from alternatives such as Altstore and Setup Mobile hasn’t materialized.
But the issues outlined here are impacting EU iPhone users in a real way, and if nothing else, the letter servces as a warning to other governments who might look to pass similar rules, however well-intentioned.
This article originally appeared on our sister publication Macwelt and was translated and localized from German.
