Dispute with the EU: Apple makes alternative proposals to the DMA
In a paper to the EU Commission, the iPhone manufacturer describes how it envisages the regulation of gatekeepers. He himself feels victimised.
A map of Europe with a lock and EU flag.
(Image: Ivan Marc / Shutterstock.com)
As part of its response to the EU Commission's current DMA proceedings, Apple has made several suggestions as to how the digital law, which the company feels victimized by, could be improved. If the Digital Markets Act is not withdrawn to replace it with a “legislative instrument [that] suits its purposes,” deep changes should at least be made, the company writes.
Fundamental rights for gatekeepers too
Apple is calling for the creation of an independent European authority that operates outside the European Commission so that it is “protected from political interference” and able to “ensure a predictable, fair, balanced, and lawful application of the DMA that respects fundamental rights.” The new DMA authority should involve the relevant EU authorities from the areas of data protection and cybersecurity when it comes to orders that affect the “fundamental rights to privacy and online security of users.”
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Finally, Apple is bothered by the term “effective compliance” and is calling for clarification. According to the company, it is confronted with constantly changing statements and demands from the EU Commission that are difficult to implement. Apple is also hoping for a review of "overarching proportionality." This should explicitly oblige the European Commission to consider the interests of end users when it comes to security, data protection, integrity, and innovation. “It should also recognize the importance of gatekeepers' fundamental rights, such as intellectual property rights and the right to conduct their business, including through product differentiation.”
EU rejects Apple's DMA demands
Meanwhile, the EU Commission has officially rejected Apple's demand to stop or at least amend the DMA. According to a report by France24, spokesperson Thomas Regnier, responsible for digital affairs, said that Apple had questioned “every little part of the DMA since the beginning”.
It was therefore “not surprised” by the demands. Regnier said that it was solely up to Brussels “to decide how we want to enforce the DMA and who enforces the DMA.” Apple was recently fined 500 million euros for DMA violations, which the company is taking action against.
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