The Legal Empowerment Blog

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Digital rights organizations have raised concerns that Apple is failing to meet its obligations under the EU’s Digital Markets Act (DMA), which mandates fair and non-discriminatory interoperability for designated gatekeeper companies. In a joint letter to the European Commission, groups including the Free Software Foundation Europe, ARTICLE 19, European Digital Rights, and Data Rights, alongside independent researchers, argued that Apple’s current compliance approach undermines the law’s intent to foster competition.

The letter highlights deficiencies in Apple’s handling of developer requests for interoperability, particularly regarding APIs and connectivity features such as AirDrop. The groups criticized Apple’s reliance on restrictive non-disclosure agreements (NDAs) for developers, opaque API processes, and the lack of a public bug-tracking system, all of which they say create unnecessary barriers to effective interoperability. The advocacy groups also challenged Apple’s justification for concealing technical information on the grounds of security, urging the company to adopt open standards and greater transparency.

One specific case cited was Apple’s refusal to grant access to just-in-time (JIT) compilation APIs to iSH, a Linux shell for iOS, which the letter claims exemplifies how Apple leverages its dominant position to block interoperability efforts. The groups called on the European Commission to enforce stricter oversight, improve the dispute resolution process, and ensure Apple’s compliance aligns with the broader objectives of the DMA.

In its defense, Apple has warned that the DMA’s requirements could compromise user privacy. The company has expressed concerns about granting extensive access to its technology stack, suggesting that such measures could expose personal data to third-party applications. Apple argues that its cautious approach is necessary to maintain the high standards of privacy that users expect from its ecosystem.

This ongoing debate underscores the tension between the EU’s efforts to promote a competitive digital marketplace and Apple’s focus on safeguarding user privacy, setting the stage for further scrutiny as the European Commission evaluates the situation.

 

  

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