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Dutch Regulator Now Happy With Apple's Rules Surrounding Dating Apps

Following a months-long saga, the competition regulator in the Netherlands has finally accepted concessions by Apple to allow dating apps in the App Store to use alternative payment methods (via Reuters).

iOS App Store General Feature Sqaure Complement
On Friday, the Authority for Consumers and Markets (ACM) released an update stating that "Apple now complies with the rules" regarding dating apps' ability to let their customers pay in different ways other than Apple's own payment method. The statement continued:

"That is why ACM no longer needs to impose a new order subject to periodic penalty payments. Over the past few months, ACM had collected information from dating-app providers and independent experts before its assessment that Apple complied with the order."

In December 2021, the ACM announced that Apple must let dating apps accept alternative payment methods on the ‌App Store‌ in the Netherlands. Apple complied with the demand, but it initially required Dutch dating apps to submit a separate app binary to accept alternative payments.

The ACM had remained unsatisfied with the changes, and the regulator fined Apple a total of €50 million between January and March for failing to comply with the order.

Apple dropped its requirement that dating apps compile a separate binary, which the regulator had deemed "unreasonable" and an "unnecessary barrier" for developers of dating apps. Apple also announced further changes to its policies on Friday, but said it does not believe these updates are "in the best interest" of user privacy or data security, and it is continuing to appeal the original ACM order.

"Until recently, customers of dating apps had only been able to pay using the payment method that Apple imposed," the ACM wrote in its latest update. "In ACM's opinion, Apple abused its dominant position with those practices. From now on, dating-app providers are able to let their customers pay in different ways."

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Top Rated Comments

seanmills1020 Avatar
58 months ago
What is the most popular Dutch dating app?

TWO LIPS.
Score: 13 Votes (Like | Disagree)
Justin Cymbal Avatar
58 months ago
I’m happy that they’re happy

Everyone is happy

😀🍎😎
Score: 10 Votes (Like | Disagree)
58 months ago
Well they are still going to have to pay the other 27% via invoice and now will be on the hook for fraud compliance and chargeback management. The Netherlands needs to regulate those companies and their deceptive behaviors. That industry has always been shady. They want to control cancellations like on websites. Good luck figuring out how to successfully cancel now. Some shady sites will keep charging you after you officially cancel forcing a second call.
Score: 9 Votes (Like | Disagree)
58 months ago

What exactly was the concession again? The developers still need to pay Apple their cut even on transactions made via third party payment options, right?
These companies just want to bring their true revenue driver to iOS. Cancellation dodging. Apple makes it too easy to cancel. They will quadruple their profits
Score: 8 Votes (Like | Disagree)
58 months ago

why only dating apps? why are they special?
Dating apps have a monopoly on tech lobbyists in the Netherlands.
Score: 6 Votes (Like | Disagree)
Abazigal Avatar
58 months ago

If Apple has won, why are the TechNews outlets unanimous in their verdict that Apple backed down? Apple tried to act smart and got taught a lesson. This will be a consideration when they try similar shenanigans while dealing with the DMA and DSA. They will know that they will have to concede or the fines will not stop and their delaying tactics will prove costly for Apple itself. They're lucky the ACM had only limited this to dating apps because of the intervention of the EU. For Apple, it is a bad template as they will have to pay fines and also concede to implement the regulations that they have tried to circumvent.

https://www.techzine.eu/news/privacy-compliance/80680/apple-backs-down-in-dating-app-dispute-with-regulator-acm/

https://www.pcmag.com/news/apple-racked-up-over-50m-in-fines-before-conceding-to-dutch-regulators
You mean why are tech news outlets interested in peddling clickbait over objective reporting of the news?

Based on how this case has turned out, I am even more confident that Apple will do the following with regards to the EU situation.

1) Delay enforcement until all of Apple's legal options have been exhausted. You never know, Apple just might be able to eke out a legal win somewhere. Either way, there is simply no justification for Apple to fold right away and concede defeat.

2) Buy time to come up with a plan for embracing side-loading on iOS, in the (likely) event that their legal avenues go nowhere.

As to how side-loading on iOS might look like, I imagine it would be a toggle that users need to manually turn on (similar to the ATT prompt), that comes with a huge scary warning (similar to the 3rd party keyboard prompt) that should scare off the majority of users. It would also pepper users who attempt to download an app outside the App Store with various notifications warning of security and privacy implications.

Apple could go even further to withhold some AppleCare+ coverage for devices that have sideloading turned “on.” The same can be said for certain iCloud features being turned off on devices with sideloading.

In addition, Apple could also pursue other options aimed at developers if required to embrace sideloading, such as requiring iOS developers who distribute through the App Store to only allow apps on devices that have sideloading turned off. In short, it would either be the App Store, or their own third party store, but not both.

Not to mention that apps sold outside the App Store may still have to pay Apple some part of their proceeds, depending on how far Apple is determined to pursue the issue.

But this is just what one guy can come up with off the top of my head. I am sure Apple with their armies of lawyers and engineers, can do way better. 😊
Score: 4 Votes (Like | Disagree)
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