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Your comment seems to assume that Apple will not actually comply in spirit. Not a lot of people have seen this, but the compliance report that gatekeepers need
by EMIRELADERO 3y ago
Your comment seems to assume that Apple will not actually comply in spirit.
Not a lot of people have seen this, but the compliance report that gatekeepers need to file anually (plus at the start of thd enforcement period) is pretty heavy on those details. Apple will have to provide:
An explanation of how you comply with the obligation, including any supporting data and internal documents, and a detailed description of any measures that were already in place pre-designation or that you have implemented post-designation and that ensure such compliance, including:
a) the relevant situation prior to implementation of the measure and
how the measure ensures compliance with the obligations laid
down in Articles 5 to 7 of Regulation (EU) 2022/1925;
b) when the measure was implemented;
c) the scope of the measure in terms of the products/services
covered;
d) the geographic scope of the measure (e.g. if the implementation of
the measure extends beyond the EEA, please specify);
e) any technical/engineering changes that were required for the
implementation of the measure concerned (e.g. on data flows and
internal data usage policies, security aspects, tracking of new
metrics, Application Programming Interfaces (APIs), operation
system (OS) functionalities, or parameters of ranking algorithms
and online advertising auctions);
f) any changes to the customer experience required by the
implementation of the measure concerned (e.g. changes in the
customer interface, choice screens, consent forms, warning
messages, system updates, functionalities available, or customer
journey to access functionalities);
g) any changes to the terms and conditions for end users and
business users required by the implementation of the measure
concerned (e.g. on the fee structure, level of the fees, introduction
of new fees, privacy policy, conditions for access and
interoperability and any other relevant clauses);
h) any other relevant changes required by the implementation of the
measure concerned not covered by the above points e) to g);
i) any consultation with end users and/or business users that has
been carried out at the stage of the elaboration of the measure and
how their input has been taken into account;
j) any involvement of external consultants in the elaboration of the
measure including a description of the consultants’ mission,
whether they are independent from the Undertaking, and a
description of their output;
k) any alternative measures whose feasibility or implications has
been assessed and the reasons for not choosing them;
l) any action taken to inform end users and/or business users of the
measure and their feedback;
m) where applicable, the interaction with measures you have
implemented to ensure compliance with other obligations under
Regulation (EU) 2022/1925;
n) where applicable, any actions taken to protect security or data pursuant to the relevant provisions in Regulation (EU) 2022/1925 and why these measures are strictly necessary and justified and there are no less restrictive means to achieve these goals;
There's a lot more from where that came from.
- klausa 3y agoI mean, I'm a fan of EU forcing Apple's hand here; but Apple can (and does) hire the best lawyers money can buy, I don't think "you have to file a report explaining why you think you're complying with the rules" is a significant headwind for them.
- EMIRELADERO 3y agoThe commission will then analyze that report. It's a proactive back-and-forth, not rubber-stamping.
- klausa 3y agoSome lawyers will be paid to analyzed the report; but orders-of-magnitude much work will be spend to examine and analyze the actual changes to the store. The legal (might?) documents help to make a case down the line why their efforts were not up to snuff; but they won't be the _main_ reason why any enforcement actions will or will not happen.
- EMIRELADERO 3y ago> but orders-of-magnitude much work will be spend to examine and analyze the actual changes to the store. The compliance report requires Apple to hand in any internal documentation relating to the implementation requirements, including discussion of other options that weren't implemented in the end, plus the reason for them not being picked over the production ones. It's not legalese. It's substantive company decision-making information.
- realusername 3y agoWe're already there because Apple has shown contempt to any sort of legal initiative to open up the platform in the EU. I don't worry about this, they'll just get hit even harder next round if they double down again.