Tag: european union

A Letter to the European Commission on Apple’s Lack of DMA Compliance

March 1, 2024

Ahead of the European Union’s DMA implementation deadline next week, Spotify and many EU companies sent the following letter to the European Commission today raising concerns about Apple’s lack of compliance.

 

Mrs. Margrethe Vestager
Executive Vice-President – A Europe Fit for the Digital Age
European Commission

Mr. Thierry Breton
Commissioner for Internal Market European Commission

Dear Executive Vice-President, Dear Commissioner,

We are 34 companies and associations operating across a wide range of digital sectors, including aviation, publishing/press, gaming, commercial radios, audio streaming, applications software, communications, marketing, payment, fintech, crypto and marketplaces. Together, we represent tens of thousands of businesses of all sizes and we serve hundreds of millions of customers across Europe.

We are very concerned that Apple’s proposed scheme for compliance with the Digital Markets Act (DMA), as communicated on 25 January 2024, will not meet the law’s requirements therefore inhibiting our ability to deliver the benefits of the DMA to consumers as soon as possible.

Apple’s new terms not only disregard both the spirit and letter of the law, but if left unchanged, make a mockery of the DMA and the considerable efforts by the European Commission and EU institutions to make digital markets competitive.

There are a myriad of elements in Apple’s announcement that do not comply with the DMA. We take this opportunity to highlight some of the most obvious and egregious:

  • Apple is offering app developers an unworkable choice between staying on its current terms – which are manifestly not compliant with the DMA – or opting into new terms, implying that only app developers opting into the new terms will benefit from the DMA. This is a false choice and merely adds unnecessary complexity and confusion. Neither option is DMA compliant and both options would simply consolidate Apple’s stronghold over digital markets.
  • The new fee structure in the proposed new terms seems designed to maintain and even amplify Apple’s exploitation of its dominance over app developers. With a hefty transaction fee and a Core Technology Fee (CTF), few app developers will agree to these unjust terms. These fees will deter app developers from providing seamless in-app experiences for consumers, and will hamper fair competition with potential alternative payment providers.
  • Apple claims “the changes include new controls and disclosures, and expanded protections to reduce privacy and security risks the DMA creates.” This is masquerading unfounded privacy and security concerns to the detriment of user choice. Apple’s approach – such as the introduction of “scare screens” – will merely mislead and degrade the user experience, depriving them of real choice and the benefits of the DMA.
  • To succeed, the DMA must create opportunities for real competition, including alternative app stores and sideloading. New app stores are critical to driving competition and choice both for app developers and consumers. Sideloading will give app developers a real choice between the Apple App Store or their own distribution channel and technology. Apple’s new terms do not allow for sideloading and make the installation and use of new app stores difficult, risky and financially unattractive for developers. Rather than creating healthy competition and new choices, Apple’s new terms will erect new barriers and reinforce Apple’s stronghold over the iPhone ecosystem.

The European Commission’s response to Apple’s proposal will serve as a litmus test of the DMA and whether it can deliver for Europe’s citizens and economy.

In the absence of materially different proposals from Apple, we urge the European Commission to take swift, timely and decisive action against Apple, to protect developers and benefit consumers and do so as soon as the DMA obligations apply. This is the only way to guarantee the DMA remains both credible and delivers competitive digital markets.

Yours sincerely,
The Signatories

EU Companies
Adevinta
Beonex
Blockchain.com
Cafeyn
Deezer
Epic Games
iconomy
Mustang
Paddle
Parula
Proton
Schibsted
37signals
SkyDemon
Spotify
Threema
Uptodown
Vipps MobilePay

EU Associations
Alliance Digitale
Association Européenne des Radios (AER)
Classifieds Marketplaces Europe (CME)
Digital Content Next (DCN)
Digital Music Europe (DME)
European DIGITAL SME Alliance
European Games Developer Federation (EGDF)
European Fintech Association (EFA)
European Magazine Media Association (EMMA)
European Newspaper Publishers’ Association (ENPA)
European Publishers Council (EPC)
France Digitale
Internet Economy Foundation (IEF)
News Media Europe (NME)
Sveriges Tidskrifter
Tidningsutgivarna

The DMA Means a Better Spotify for Artists, Creators, and You

January 24, 2024

What’s one of the top complaints about Spotify? It’s actually something that until now has been outside of our control: the ability to seamlessly subscribe to and buy things through Spotify on your iPhone. Consumers have asked us for years about the dead ends, lack of information, and endless hoops to jump through just to purchase a subscription or audiobook. But beginning March 7, if you live in the European Union, that will change. With the Digital Markets Act (DMA) rolling out, your Spotify is about to become a whole lot better, and that means more opportunities for developers and creators everywhere. 

For years, even in our own app, Apple had these rules where we couldn’t tell you about offers, how much something costs, or even where or how to buy it. We know, pretty nuts. The DMA means that we’ll finally be able to share details about deals, promotions, and better-value payment options in the EU. And an easier experience for you means good things for artists, authors, and creators looking to build their audiences of listeners, concert-goers, and audiobook-loving fans. What’s more? All of this can now come without the burden of a mandatory ~30% tax imposed by Apple, which is prohibited under the DMA. 

For Spotify, this unleashes huge opportunities, so here’s what you can expect us to roll out starting in March:

Direct communications in the Spotify app about subscription offerings, upgrades, product prices, deals, and promotions

We’ll soon be able to give you information in the Spotify app about prices for things like Premium subscriptions and audiobooks.

And we will be able to communicate clearly with you in the Spotify app about new products for sale, promotional campaigns, superfan clubs, and upcoming events, including when items like audiobooks are going on sale.

Seamless and secure in-app payment 

Soon we expect that if you want to buy a Premium subscription or an audiobook, or are looking to seamlessly upgrade from Individual to a Duo or Family plan to save money, you will be able to do so with just a couple of easy clicks.

Right now you can’t upgrade from Free to Premium in the app, and we’re not even allowed to tell you about how much our various subscriptions cost, how you can save money, or where to purchase them. That doesn’t make sense. For everyone living in the EU, this is about to change.

Purchasing an audiobook directly

You will have choices. In the growing list of markets where we offer audiobooks, for the first time you will be able to see the price of an audiobook when browsing, easily buy it, and quickly start listening. 

Downloading other Spotify apps onto your iPhone

Thanks to the DMA we’re looking forward to a future of superfan clubs, alternative app stores, and giving creators the ability to safely download Spotify for Artists or Spotify for Podcasters directly from our site—and that’s just the start. 

The fight continues

It should be this easy for every single Spotify customer everywhere. But if you live outside certain markets, you will continue to encounter frustrating roadblocks because of Apple’s ridiculous rules.

That’s why developers everywhere are continuing to ask other governments to pass their own laws like the DMA. Like Spotify, they want to provide the best user experience for their customers. We’ll keep fighting because freedom from gatekeepers means more choice for consumers and positive impact for artists, authors, creators and developers everywhere.