EU users can't update 3rd party iOS apps if abroad too long
- Reference: 1709737886
- News link: https://www.theregister.co.uk/2024/03/06/apple_dma_geolocation/
- Source link:
Hot on the heels of Apple [1]releasing iOS 17.4 to comply with the European Union's Digital Markets Act rules (which force it to give users greater control over their devices), Apple has published a [2]help page describing not only how it intends to track EU users eligible for the new permissions, but also how it'll shut down access for Europeans spending too much time outside the bloc.
Along with obviously needing an Apple ID registered in an eligible EU nation (listed on the help page), Apple will use on-device processing to collect "an indicator of eligibility" that's transmitted to Apple. That indicator will need to include determining where the device is located, but Apple said it won't actually collect device location.
[3]
EU residents who leave the continent for short-term travel won't notice any effect, and will continue to have access to what Apple calls "alternative app marketplaces" and the apps installed from said markets. However, "If you're gone for too long, you'll lose access to some features, including installing new alternative app marketplaces," Apple said.
[4]EU takes a bite out of Apple with $2B in-app purchase fine
[5]EU-turn! Now Apple says it won't banish Home Screen web apps in Europe
[6]Google dresses up services for the EU's Digital Markets Act
[7]Apple redecorates its iPhone prison to appease Europe
It's not clear how long the grace period is, or when Apple will disable alternative app marketplaces for EU residents traveling abroad. It's also not clear how often Apple collects indicators of eligibility, or what other features may be disabled (eg, [8]non-WebKit browser engines .) We've asked Apple for a statement, but haven't heard back.
As for what alternative app marketplace users stand to lose if they spend too much time abroad, Apple doesn't mention deleting app marketplaces or their apps, but does say that "they can't be updated by the marketplace you downloaded them from."
[9]
"If not properly managed, alternative app marketplaces pose increased privacy, safety and security risks for users and developers," Apple noted, taking the same line it's been pushing since it announced moves to comply with the DMA. Ironically enough, Apple made that statement on its help page right after saying it wouldn't allow EU residents to update apps from alternative marketplaces, leaving users vulnerable to the very issues it said would arise from complying with the DMA.
Anyone looking for further proof that Cupertino is complying with the letter, but not the spirit of the DMA, need look no further. ®
Get our [10]Tech Resources
[1] https://www.theregister.com/2024/03/06/ios_17_4_eu_compliance/
[2] https://support.apple.com/en-gb/118110
[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/applications&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2ZeihN80SVtuT7XcQwnXBDAAAARE&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[4] https://www.theregister.com/2024/03/04/eu_apple_fine/
[5] https://www.theregister.com/2024/03/02/apple_reverses_pwa_decision/
[6] https://www.theregister.com/2024/03/06/google_dma_europe/
[7] https://www.theregister.com/2024/01/27/apple_europe_ios_analysis/
[8] https://www.theregister.com/2024/01/25/apple_eu_dma/
[9] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/applications&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZeihN80SVtuT7XcQwnXBDAAAARE&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[10] https://whitepapers.theregister.com/
Re: Who are their lawyers?
Does it apply to EU citizens or anyone in the EU? GDPR applies to the latter.
What Apple seems to have lost sight of is that they're going to end up pissing off some of their EU customers. It's not unknown for individuals in the EU to take on US companies who try to play fast and loose with EU rules. Paging Max Schrems?
Re: Who are their lawyers?
Yes. Both. And also people in Northern Ireland.
Re: Who are their lawyers?
Competition law will apply to EU citizens but I suspect that, in practice as katrinab suggests, both apply for when phones are setup: I don't see US citizens suddenly seeing different options when they travel to the EU. But, as I said, it's easier enough to ask for guidance rather than making a criterium up that plainly won't stand legal challenge.
As for Apple being worried about pissing its customers, since when has that bothered them? Most of the fanbois seem happy for the opportunity to be abused and they more than cover the costs for the more recalcitrant ones.
Re: Who are their lawyers?
I think there's a further nuance here.
It's essentially the sale of the phone in the EU that constitutes the contract: who buys it isn't relevant. People who travel have a reasonable expectation that their mobile phone will continue to work as normal while they do so. Unless Apple make it clear at the point of sale that the phones are not intended for use outside the EU (and are specific about the circumstances in which they'll stop working), then buyers will be returning them for refunds. Material facts need to be disclosed up front: perhaps the EU should insist their policy is printed in big letters on their pretty, minimalist boxes.
I hope they get sued out of existance
From what I can see they're on extremely dodgy ground. A European consumer of a company with a large EU presence remains their customer regardless of their location.
There's also a double edged sword in that if Apple are trying to restrict customers in this way, if a non EU customer is then at a location where they're not in the EU, logically they should gain the benefits of that location, if any.
I’m going to hold off updating for a week or two, but having a UK Apple account and being long-term resident in Germany, I’m curious as to what options I’ll be given.
Apple has quite the nerve to try to decide when you'r eligible to your citizen rights or not. Vendors offering 3rd party marketplaces have to deal with intermittently "loosing" customers because Apple doesn't think people remain EU citizens when they travel abroad?
All Apple had to do was enable tools for app makers to offer their apps on equal grounds. This entire complex story with popups and whatnot wasn't necessary, it's a mess created by Apple. I really hope they get properly fined and sanctioned for all this.
Why does anyone buy Apple?
Overpriced locked down inflexible ... whatever.
I used to have an Apple IIe - in the days when Apple was the epitome of open hardware. You could do amazing things with that machine. After that things went downhill.
Who are their lawyers?
"an indicator of eligibility"
This is typical of the tech companies thinking that even when they don't get to make the rules, they still get to decide how to interpret the them. However, as Apple lost the case, they are subject to the ruling, which applies to all EU citizens. And it is a right, and not something you have to earn or lose* as decided by a third party. Not doing this could be could be considered contempt, and I'm surprised their lawyers didn't quash this idea immediately to avoid additional difficulties. It would reasonable to ask how the European Commission how to determine this, though proof of id is possible in nealy all, if not all, EU member states, though it won't be that hard.
* It's virtually impossible within the EU to strip someone of their citzenship once granted, unless malice aforethough, fraud, etc. can be demonstrated.