Apple has only 30 days to comply with EU DMA rules

Users leaving App Store to make a third party payment must be free of charge, says Euro Commish

The European Commission (EC) this week released the full text of its decision that found Apple in violation of its digital competition rules, known as the Digital Markets Act (DMA).

The ruling [PDF] makes clear that Apple's App Store rules still fall short of DMA requirements. If it doesn't comply within the next 30 days, it risks having to make additional periodic penalty payments for as long as it remains out of compliance.

The EC decision, which it laid down last month, fined Apple €500 million ($570 million) for App Store Guidelines that prohibited developers from "steering" customers to alternative payment options.

Apple until recently required all developers to use its payment system for in-app purchases of digital goods and services. As a result, it could collect a commission fee ranging from 15-30 percent of the purchase price and developers had no other payment service options.

These "anti-steering" rules, however, were found to be anticompetitive in the US, as a result of Epic Games' litigation against Apple, and have been disallowed in the US market since the start of the May as a result of a judicial order. The result has been that Epic Games' Fortnite, Amazon's Kindle app, and Spotify now allow purchases that don't involve Apple's payment system. Apple is currently attempting to undo the ruling via the Ninth Circuit Court of Appeals.

Apple implemented a different set of accommodations in the European Union in March 2024 in an effort to mollify regulators. The European Commission was unimpressed and last June said it would require the company to meet its DMA obligations. The company describes attempts to satisfy regulators in a series of compliance reports, the latest of which was filed in March 2025.

Apple has allowed EU developers to offer iOS apps through third-party app stores but still demands fees for external payment processing.

The ruling says that Apple cannot do this: "Contrary to what Apple claims, Article 5(4) of Regulation (EU) 2022/1925 is clear: steering and steered transactions must be free of charge. … In other words, the price for app developers to pay for steering and steered transactions is zero. Ensuring compliance with Article 5(4) of Regulation (EU) 2022/1925 cannot be considered to involve any complexity as Apple simply needs to abstain from imposing a fee for steering and steered transactions."

The EC decision notes that Apple proposed further changes to its rules last August but has not implemented them, and thus the decision does not address whether those rule revisions are compliant.

The ruling also states that while Apple argues it is merely required to "allow" developers to contract with end users within or outside the app and not to "technically enable" them to do so, the Commission disagrees. It says in the decision that there's a difference between what is "theoretically permitted" by Apple's terms and conditions, and what Apple allows "in practice."

EU authorities want developers to be able to communicate offers and enter into contracts with customers without Apple taking a fee. At the same time, they allow Apple to seek remuneration for customer acquisition, so long as the acquisition fee is commensurate with the value of the acquisition. So it appears unlikely third-party developers will be able to have their apps distributed through Apple's App Store with any charges.

Apple was given 60 calendar days from the time it was notified about the decision in April to comply with the DMA. So it has about 30 days to get its house in order or it will face further financial penalties.

The iBiz did not respond to a request for comment.

Jonas Martins, director of enterprise digital media for payments biz Worldline, told The Register that developers of iOS apps have shown more interest in external payment options following legal developments in the US and Europe.

"Several of our larger customers, particularly in the gaming sector, have shown interest in exploring how to implement alternative payment services in their app," said Marins. "Companies such as Epic Games, Spotify, and Patreon have publicly addressed this topic. However, some of our other customers may not yet be fully informed about these recent changes."

Martins said it is presently a matter of working with partners to educate them about their options.

"This situation presents a potential opportunity for app developers and publishers to enhance the checkout experience, which may contribute to improved conversion rates and profit margins," he said. "Although this recent development occurred in the US, we are observing comparable trends in other regions, including Europe." ®