EU Will Force Apple to Give Developers All Hardware and Software Features

According to the latest provisional agreement, plans are to create a “High-Level Group” of European central digital regulators in order to coordinate national regulators across EU member states. It also requires “gatekeepers”, to establish an independent “compliance unit.” The new group must have compliance officers who will monitor compliance with EU legislation. They should also have sufficient authority, resources, and access to management. It should be headed by an independent senior manager who is responsible for the compliance function. Apple, for example, would be required to establish a separate department to comply with anti-competitive regulations.

New rules, specifically designed to address Apple’s dual role in controlling hardware and software, will allow any developer access to any hardware feature such as “near field communication technology, secure elements, processors, authentication mechanisms and the software that controls them.” This could have significant implications on the level of integration developers can achieve on Apple platforms. For example, contactless payment services may be allowed to work on the iPhone or Apple Watch as Apple Pay.

The DMA was approved by EU legislators in March. The proposals will then be subject to a final vote by the European Parliament in July, before being officially adopted by the European Council. The DMA will become effective 20 days after publication and the affected companies will have six months to comply.

Apple’s ecosystem is under increasing scrutiny from governments all over the globe, including the United States, Australia, Japan, and South Korea. Global regulators are keen to investigate requirements regarding app sideloading, interoperability, and other issues.