The European Commission is forcing new rules on Apple — and only Apple — that will likely mean delaying or not releasing more iPhone software updates to the European Union, all in the name of interoperability with rivals.
The EC’s announcement follows its September 2024 decision that Apple is in breach of the Digital Markets Act (DMA). It also follows Apple’s December 2024 white paper on how the then proposed remedies invite abuse by rival firms.
“[These measures concern] nine iOS connectivity features, predominantly used for connected devices such as smartwatches, headphones or TVs,” says the EC in its full announcement. “The measures will grant device manufacturers and app developers improved access to iPhone features that interact with such devices (e.g. displaying notifications on smartwatches), faster data transfers (e.g. peer-to-peer Wi-Fi connections, and near-field communication) and easier device set-up (e.g. pairing).”
“As a result, connected devices of all brands will work better on iPhones,” continues the EC. “Device manufacturers will have new opportunities to bring innovative products to the market, improving the user experience for consumers based in Europe. “
As it has done all along, Apple insists that it already complies with the DMA. It also notes that it is the sole company being required to give away its intellectual property for free.
For example, Spotify is the dominant music streaming service in the EU, and it’s not close. There are no requirements for Spotify to give anything away, nor are Nintendo, Sony, or Microsoft being forced to further open their consoles to rivals.
Consequently, Apple says that the EC’s new interpretation of the DMA requires Apple to develop technology not just for itself, but for rivals. And, share it with all that ask for it. The law specifically covers what are described as connected devices. It’s clear about headphones, but the law also covers smartwatches.
All headphone manufacturers, for instance, must be given the same access to all iPhone technology as AirPods do.
The EC wants to prevent situations such as the one where the forthcoming Pebble smartwatch will have limited access to Apple technology such as health and fitness features.
In its December 2024 white paper, Apple noted that Facebook owner Meta had already made 15 requests (and counting) for potentially far-reaching access to Apple’s technology stack. If granted as sought, would reduce the protections around personal data that our users have come to expect from their devices.
Apple now says that it already has 500 engineers working on fulfilling EC requirements.
What users will have to deal with, isn’t quite clear
Apple argues that it has already created a quarter of a million APIs for developers to access its technologies, and that it has done so while preserving users’ privacy. Under the new laws, rival firms can request that Apple open up specific access for them, and Apple says this is already raising security issues.
For example, staying with the wireless headphones example above. Apple delivers notifications to the AirPods encrypted, which is then decrypted and provided to the user.
In the case of the DMA requirements, should a third-party vendor want to be able to pass notifications unencrypted, it would then request that ability from Apple. A three-way conversation would begin, between Apple, the EC, and the developer in question. Apple says that this will be an incredibly long process, with an end result of a lack of transparency for the risks to the user.
In this example, the user would get that pairing notification, but not be made fully cognizant of the risks. What they would not get is clarity on the fact that the notifications aren’t encrypted at all.
Apple has also said that critical security updates would still be provided rapidly, with the company delivering before it consults with the EU. In other matters, though, like with Bluetooth errata, it would have to consult with the EC first before implementation to assess interoperability concerns.
The DMA isn’t working to help innovation, but hurts it instead
Apple says that these additional laws damage Europe’s own goals of encouraging innovation through competition.
“Today’s decisions wrap us in red tape, slowing down Apple’s ability to innovate for users in Europe and forcing us to give away our new features for free to companies who don’t have to play by the same rules,” said Apple in a statement to AppleInsider. “It’s bad for our products and for our European users.”
“We will continue to work with the European Commission to help them understand our concerns on behalf of our users,” continues Apple.
According to Apple, the new laws mean changing its software development process and necessarily delaying updates until they can also work for rivals. And, it will dramatically increase engineering requirements, and therefore expenses.
Apple can ask the EC for permission to delay supporting rivals. It’s not clear how that process would work, or who at the Commission would make such decisions.
Having to ask this permission also means that the EC is effectively controlling and micromanaging Apple’s software development process for the iPhone.
All of which means that Apple is likely to continue blocking or delaying the introduction of new features for iPhone users in the EU. It previously delayed the launch of Apple Intelligence in the region.
At the time, EU’s competition head Margrethe Vestager called it a “stunning, open declaration that they know 100% that this is another way of disabling competition.”
Apple doesn’t see it that way, of course. As far as Apple is concerned, not releasing the entire set of Apple Intelligence in the EU is a way to guarantee compliance with the DMA. And, under the new requirements, it’s a way to prevent handing over Apple intellectual property to rival AI firms.
And the same applies to iPhone Mirroring. Except, there’s no sign that the feature in question is coming to the EU simply because Apple sees it as a security risk and it doesn’t want third parties to have access to the feature’s core engineering.
The EC’s new laws were initiated by Vestager during her ten-year tenure as competition commissioner. She has since been replaced, but the Commission appears to be continuing her plan.
