Apple and Google, take note: Newly enacted EU law aims to protect developers from arbitrary decisions of tech giants
- Reference: 1594814352
- News link: https://www.theregister.co.uk/2020/07/15/eu_app_store_legislation/
- Source link:
Passed in June 2019 and enacted at the weekend, regulation (EU) 2019/1150 is aimed at improving matters for developers suffering from seemingly arbitrary decisions by the likes of Google and Apple.
This includes app removals and suspensions, which have a potentially severe impact on a developer's business.
The [1]legislation goes by the catchy name "on promoting fairness and transparency for business users of online intermediation services" where "intermediation services" could include price-comparison sites, search engines, and application stores. The text appeared in two parts: a preamble that explains the background, rationale and intent, then the actual articles of law.
The EU noted that "online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers,” which is an understatement, if anything, given the impact of such services on many businesses.
Market dominance by intermediaries
Whether or not intermediaries are a net benefit either to businesses or consumers is a complex question. Choice, user reviews and easy access to price comparisons are benefits, but the intermediaries like to be paid, which means less of your money going to the provider of the actual goods or services. Intermediaries may promote the deals that make them the most money, above those which are better for the purchaser.
Comparison sites focus attention on price rather than quality of service, forcing vendors to compete on price, and leading to undesirable outcomes such as insurance companies punishing renewal customers with high prices to subsidise lower prices for new customers. There is also a power shift towards the intermediaries, which leads to situations where companies have to purchase ads for their own brand name to avoid clicks going to competitors when their customers try to find them online.
Such factors and more are summarised by the EU in the remark: "Providers of those services often have superior bargaining power, which enables them to, in effect, behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and, indirectly, also of consumers in the Union."
So your Google Play Publisher account has been terminated – of course you would want to know why exactly [2]READ MORE
The legislation is far from comprehensive, though, and the EU said that "a targeted set of mandatory rules should be established at Union level to ensure a fair, predictable, sustainable and trusted online business environment within the internal market."
One aspect that has caught the attention of software developers is the ability of online stores to "restrict, suspend or terminate the provision of its services to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results."
This can be a severe issue for developers who find themselves removed from the App Store or Play Store at short notice and with little ability to discuss the matter with Apple or Google.
Examples where apps are removed from Google's Play Store or the developer's account terminated apparently without good reason crop up [3]regularly . In May, Podcast Addict was banned and reinstated after a social media outcry, and when a Google VP apologised on Twitter, the [4]response was a chorus of complaints about a system that is "catastrophically badly broken".
The EU stated in clause 23 of the preamble to the new law that "the provider of online intermediation services should provide the business user concerned with a statement of reasons on a durable medium, at least 30 days before the termination of the provision of the whole of its online intermediation services enters into effect."
The law also requires that providers such as Google should "allow an opportunity to clarify the facts that led to the decision" in order to help its customers re-establish compliance.
That said, provision was made for exceptions to the 30-day notice for various cases including illicit content, counterfeiting, fraud, malware, spam, data breaches, and "other cybersecurity risks". Another exception is for cases of repeated infringement of terms and conditions.
This is a get-out clause since the most common reason for bans appears to be algorithmic efforts to discover exactly these kinds of issue. The outcome will be that apps get banned immediately and possibly reinstated after review, if the developer can persuade the store provider to give the matter some human attention.
Podcast Addict Play Store ban: Android chief says soz for incorrect removal, developers aren't impressed [5]READ MORE
The EU has also required search engines to "provide a description of the main parameters determining the ranking of all indexed websites and the relative importance of those main parameters as opposed to other parameters," but again with a get-out that "providers of online intermediation services or of online search engines should not be required to disclose the detailed functioning of their ranking mechanisms, including algorithms, under this Regulation."
This may mean that nothing will change: Google will argue that it provides abundant guidance to web designers and will still not reveal how its ranking is determined. It is a tricky issue since complete knowledge of ranking algorithms would not only reveal commercial secrets, but also make it easier to manipulate the results.
A couple of things are apparent, though. One is that the EU is at least attempting to regulate the behaviour of internet intermediaries in ways that tilt the balance of power a little more in favour of businesses and consumers. Second, developers lucky enough to be in the EU and suffering from unreasonable store bans or account closures now have some legislation to point to.
We have asked Apple and Google how the legislation impacts their policies and will report back with any comment received. ®
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[1] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32019R1150
[2] https://www.theregister.com/2019/08/19/banned_google_play_store/
[3] https://www.theregister.com/2019/08/19/banned_google_play_store/
[4] https://www.theregister.com/2020/05/19/podcast_addict_ban_google_android/
[5] https://www.theregister.com/2020/05/19/podcast_addict_ban_google_android/
[6] https://whitepapers.theregister.com/
"Should be very rare" - Should be, but isn't. Hence people kicking up a fuss, and hence the EU taking action to force organisations to be clearer and give appropriate notice.
Happened to me
Indeed, it happened to my little iOS app (http://pobox.com/~flash/EncycloClip), in violation of Apple’s stated App Review Guidelines, and I’m a former Apple employee.
Complexities:
• I did get about thirty days’ notice, and it seemed obvious that the rep just wanted me to re-post the app so that the mod time was updated (which I couldn’t do for unrelated reasons).
• I had previously appealed successfully several times, even once through the official appeal process after a little chat with the executive who suggested a cartoonist “consider resubmitting” his rejected app after he won the Pulitzer prize.
Computer says "no".
Arguing over whether something should have been banned or pulled is one thing, having to comply with some diktat through gritted teeth is another.
But it's something else to be banned, suspended or have an app pulled, while not being told why, no clue given as what needs to be changed, with no easy path to having that decision reviewed or rescinded.
The only 'appeals process' these days seems to be to kick up a huge fuss on social media and hope that works.
If companies won't do better of their own accord it's up to others to force them to do better. If it takes laws to create some modicum of 'due process' then so be it.
Most of the stories I've read about apps that were removed from Google Play or the developer's account terminated apparently without good reason are untrue. There is usually a very obvious breaking of Google policy, often involving trademarks the dev doesn't own or releasing multiple copies of the same app with minimal changes. Cute graphics that appeal to children with content that is not allowed for children is another common issue. The devs rant and rave on Twitter or Reddit and say they were given no reason for removal. But, the reasons are both obvious and contained in the email Google sends them that they don't bother to read properly.
I have no tolerance for such people. They make the rest of us look bad and increase review times for legitimate apps.
Well let me tell you a story...
Or several 10s of stories, we can tell them on a fairly regular basis if you really that interested....
We do our utmost to abide by the rules, regs etc and most definately do not attempt any of the issues mentioned, yet we seem to get some notification or other about once per month concerning one app or another on the Android Store - usually with instant removal. 99.99% are complete nonsense - e.g. Google complaining their own adverts - from Admob - dont abide by their own rules. (Yes, we dare to have ad-funded apps because many many customers prefer that with the option to remove.) As for the info being clear, Im sorry but thats complete and utter b***ks, 'Your app has violated a policy" does not even come close to even referencing what policy let alone any clues as to where in the app.
Absolutely yes, remove all the rubbish etc, the problem is many many legitimate developers get caught in the cross hairs of the so called 'AI' that simply scans a binary then generates a significant number of false positives which any human would spot a mile off. There is absolutely NO mechanism to get any clarity at all, if you are lucky the so called 'Appeals' people might send you back a canned message. Were no fans of Apple, but they are at least grown up in this area + are prepared to actually help identify and resolve the issue.
At least with 30 days notice it gives developers half a chance to work out what the problem might be without the severe business interruption that occurs when apps are simply removed from the stores with zero notice.
"We have asked Apple and Google how the legislation impacts their policies and will report back with any comment received."
Cue tumbleweed from one side and a big heap of bovine excrement from the other.
Sigh.
"We have asked Apple and Google how the legislation impacts their policies and will report back with any comment received."
As far as I can see it will have no effect on devs in the UK. That is unless there is some obscure rule that says because it was passed during the transition period it will apply.
God! The chickens are coming home to roost with a vengeance and I wonder how long it will be before the penny drop and the"man in the street" sees what a shit-fest this whole Brexit affair is.
Yeah, this is really "Taking back control" and leaving many people swinging in the wind.
Re: Sigh.
If the implementation date is before 31st December, it will apply in the UK. And continue to apply until such time as the UK Parliament repeals it. I think it is very unlikely that they would repeal it any time soon as they have far more important things to focus on right now.
Re: Sigh.
Who's going to enforce it in the UK?
I don't know about Android, but on the App Store being removed from the store would be highly unusual. Not being accepted is not uncommon and usually sorted easily. Updates not being accepted is also not uncommon and usually sorted easily, and the previous version stays on the store. Being removed from the store would mean the app was reviewed, accepted, and later found to be unacceptable to Apple; that should be very rare.