EU Regulators Move to Compel Apple to Open Up Operating System to Rival Technologies

Apple CEO Tim Cook at an event at Apple Park in Cupertino, Calif., on March 8, 2022. Brooks Kraft/Apple Inc./Reuters

The European Union stated on Sept. 19 that it will come up with a plan to compel Apple to open up its iPhone and iPad mobile operating systems to competing technologies.

The EU’s executive branch, the European Commission, said in an update that it has opened two “specification proceedings” that will spell out what Apple needs to do under the 27-nation bloc’s Digital Markets Act (DMA).

One proceeding will focus on how connected devices such as smartwatches, headphones, and virtual reality headsets will have “effective interoperability” with Apple’s operating system. The other will look at how Apple deals with interoperability requests from software developers for iOS and iPadOS, which should be done in a “transparent, timely and fair” way, according to the commission.

During this process, which may take up to six months, the commission will send its findings to Apple.

Apple risks fines of as much as 10 percent of its annual global turnover if it fails to comply with the DMA. Fines can increase to 20 percent if infringements are repeated.

The DMA is designed to prevent big tech companies from dominating digital markets, including by breaking up closed tech ecosystems, according to the EU. It requires tech companies to make their systems interoperable with rivals, allowing consumers to switch more easily between platforms.

“Under the DMA, Apple must provide free and effective interoperability to third party developers and businesses with hardware and software features controlled by Apple’s operating systems iOS and iPadOS, designated under the DMA,” the EU stated on Sept. 19.

The commission stated that these proceedings make official the EU’s “regulatory dialogue with Apple on certain specific areas of Apple’s compliance” with rules under the DMA.

The EU official in charge of the competition policy said in a statement that the Sept. 19 action is the first instance of the DMA specification rules being used against Apple.

“We are focused on ensuring fair and open digital markets. Effective interoperability, for example with smartphones and their operating systems, plays an important role in this,” European Commission Executive Vice-President Margrethe Vestager said. “This process will provide clarity for developers, third parties and Apple. We will continue our dialogue with Apple and consult third parties to ensure that the proposed measures work in practice and meet the needs of businesses.”

It will specify how Apple will provide effective interoperability with functionalities such as notifications, device pairing, and connectivity.

In response, Apple sent a statement to media outlets saying that the California-based tech giant would work with the European Commission but warned of potential problems by opening up its software to non-Apple-made devices.

“Undermining the protections we’ve built over time would put European consumers at risk, giving bad actors more ways to access their devices and data,” an Apple spokesperson said in the statement. “We will continue to work constructively with the European Commission on a path forward that both protects our EU users and clarifies the regulation.”

The company stated that it is proud of the more than 250,000 application programming interfaces, or APIs, it has built to “allow developers to build apps that access [Apple’s] operating system and functionalities in a way that ensures users’ privacy and security.”

Earlier this month, in a separate decision, the European Court of Justice ordered Apple to pay more than $14 billion in back taxes to the Republic of Ireland.

In its ruling, the top EU court stated that it was issuing the “final judgment in the matter” and that the tax breaks are “unlawful aid” that Ireland is mandated to recover from Apple. It also ruled that the company received illegal tax benefits for about two decades, stretching from 1991 until 2014.

In July, the European Commission accused Apple of preventing app makers from pointing users to options outside of the company’s App Store. It also stated that by doing so, Apple is violating policies under its DMA rulebook.

The Epoch Times contacted Apple for comment but received no response by publication time.

The Associated Press and Reuters contributed to this report.