4 ms·
EU is specifically drafting legislation for gatekeepers in Digital Markets Law. TL;DR Apple and Google will have to allow to install third-party app stores tro
by Isinlor 5y ago
EU is specifically drafting legislation for gatekeepers in Digital Markets Law.
TL;DR Apple and Google will have to allow to install third-party app stores trough their stores.
https://eur-lex.europa.eu/legal-content/en/TXT/?uri=COM%3A2020%3A842%3AFIN https://eur-lex.europa.eu/legal-content/en/TXT/?uri=COM%3A20...
Gatekeepers like Apple will have specific obligation according to Article 5:
(b) allow business users to offer the same products or services to end users through third party online intermediation services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
(c) allow business users to promote offers to end users acquired via the core platform service, and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not, and allow end users to access and use, through the core platform services of the gatekeeper, content, subscriptions, features or other items by using the software application of a business user, where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper;
And Article 6:
(c) allow the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper;
(k) apply fair and non-discriminatory general conditions of access for business users to its software application store designated pursuant to Article 3 of this Regulation.
Following articles, like:
- article 7: Compliance with obligations for gatekeepers
- article 10: Updating obligations for gatekeepers and
- article 11: Anti-circumvention
give the EU Commission quite a lot of executive power to ensure effective implementation.
- scarface74 5y agoWill these laws also apply to game consoles? Set top boxes?
- Isinlor 5y agoThe current law draft deems you a gatekeeper if you have: - annual EEA turnover equal to or above EUR 6.5 billion in the last three financial years - market value of at least EUR 65 billion in the last financial year and it provides a core platform service in at least three Member States So, I believe it will apply to many game consoles. More in detail: Article 2, Definitions ‘Core platform service’ means any of the following: (a) online intermediation services; (...) Article 3, Designation of gatekeepers Paragraph 1, a provider of core platform services shall be designated as gatekeeper if: (a) it has a significant impact on the internal market; (b) it operates a core platform service which serves as an important gateway for business users to reach end users; and (c) it enjoys an entrenched and durable position in its operations or it is foreseeable that it will enjoy such a position in the near future. Paragraph 2, a provider of core platform services shall be presumed to satisfy: (a) the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual EEA turnover equal to or above EUR 6.5 billion in the last three financial years, or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least EUR 65 billion in the last financial year, and it provides a core platform service in at least three Member States; (b) the requirement in paragraph 1 point (b) where it provides a core platform service that has more than 45 million monthly active end users established or located in the Union and more than 10 000 yearly active business users established in the Union in the last financial year; for the purpose of the first subparagraph, monthly active end users shall refer to the average number of monthly active end users throughout the largest part of the last financial year; (c) the requirement in paragraph 1 point (c) where the thresholds in point (b) were met in each of the last three financial years.
- scarface74 5y agoAnd watch European citizens complain that now their game consoles are more expensive because the console makers won’t sell them at a loss since they can’t be subsidized by fees. Or since there is already a shortage, the console makers prioritize the US. Then Apple will have a much higher fee to use their developer tools. Also in the case of Google, you can’t use Google Services outside of the Google Play store. The only company that has had the resources to duplicate many of those services is Amazon. In iOS users case, you won’t be able to use iCloud backup, the same notifications controls, access to global settings, probably no access to KeyChain or any other API that requires server side integration.