The Federal Association of Consumer Organizations (vzbv) criticizes the fact that Apple and Google did not fully implement the requirements of the European Digital Markets Act (DMA) by the deadline of March 7th. The association said that relevant changes have not yet been fully received by Android and iOS users. The DMA is intended to ensure more competition and greater freedom of choice for consumers. The European Commission must now ensure that all DMA regulations are implemented immediately and in the interests of consumers.
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Specifically, for Android, for example, consumer advocates lack the ability to remove any pre-installed app. As of the deadline when all DMA regulations became mandatory, there was no update to the Android 13 operating system available that would change anything. The vzbv criticizes that a large proportion of smartphone users in Germany and the EU are currently excluded from the DMA innovations for mobile operating systems. Android 13 is Google's most popular mobile operating system and was used by 32 percent of Android users in Europe in February 2024.
Apple is taking its time
Apple released an update with iOS 17.4 in time for the DMA deadline. This is available for devices starting with the iPhone XS, which was released in 2018. Nevertheless, the vzbv lacks, among other things, the option to completely uninstall the Safari browser. Even a map app other than Apple's cannot be made the standard. There is a need for improvement here.
In a DMA compliance plan published last week, Apple itself at least specified a time horizon by which these changes should take place. However, the map app should therefore only be freely selectable until March 2025. The ability to uninstall Safari and not just choose the default browser is planned by the end of 2024. Apple is apparently hoping for the understanding of the EU Commission and in the document mentions security concerns as a major challenge. However, Apple already had a few months to implement it. The DMA came into force in July 2023, by which time the demands were finally known.
Appeal to the EU Commission
“This means that many consumers still do not have the freedom of choice to which they are entitled,” says Ramona Pop, board member of the vzbv. “Gatekeepers like Google, Apple, Meta or Amazon have a major influence on what people in Germany consume. If platforms exploit this for their own advantage, it also harms competition. The European Commission must closely monitor the implementation of all regulations for digital markets by gatekeepers, take decisive action against violations and, in cases of doubt, initiate investigations.”
Based on the available information, the vzbv investigation took place on an Apple iPhone SE 2 with the iOS 17.4 operating system and a Samsung Galaxy S20 with the Google Android 13 operating system. Both smartphones were reset to factory settings for the test. The evaluation was carried out using a developed category system that is based on the legal requirements. The review took place after the release of iOS 17.4 on March 6th and for Android on the deadline of March 7th, 2024.
In an initial check, the vzbv examined the implementation of Articles 6(3) (uninstallation of pre-installed software and standard settings) and 6(4) (installation of third-party software applications) of the DMA for Google and Apple. Further checks on compliance with the DMA by the gatekeepers, which also include Meta, Amazon, Microsoft and Bytedance, are possible.
(mki)