The European Commission has adopted the first decisions of non -compliance today in the context of Digital Markets Act (Dma), sanctioning Apple per 500 million euros e Meta per 200 million euros for having violated the obligation to put in contact with developers and users of their stores respectively and the obligation to offer consumers the opportunity to choose a service that uses less personal data.
Both companies have 60 days To conform to decisions, otherwise further penalties risk.
The reasons for the sanctions: Apple and destination under accusation
“This has nothing to do with duties. It is an independent decision, which only concerns the DMA and not the commercial rates”explained an EU spokesman. “Absolutely nothing has changed from the Commission regarding the law following the return of Donald Trump to the White House. Our desire to apply the law has not changed,” confirmed an official of the Commission.
The reaction of Meta
“The European Commission is trying to penalize successful American companies, while it allows Chinese and European companies to operate according to different standards. It is not just a fine; The fact that the Commission forces us to change our business model is equivalent, in fact, to impose a tariff of billions of dollars in a destination, forcing us to offer a lower level service. In addition, unjustly limiting personalized advertising, the European Commission is also damaging companies and European economies. “States in a statement Joel Kaplan, Chief Global Affairs Officer of Meta.
Apple: the EU takes us unjustly, we will resort
“Today’s announcements are yet another example of how The European Commission is unjustly targeting AppsAnd with a series of decisions that harm the privacy and the security of our users, damage the products and force us to distribute our technology for free. “A spokesman for Apple says it in a declaration.” We have dedicated hundreds of thousands of hours of engineering work and made dozens of changes to conform to this law, none of which required by our users. Despite countless meetings, the commission continues to move the stakes to each step of the route. We will resort and continue to collaborate with the Commission at the service of our European customers, “he adds.
Apple’s position, according to the EU
According to the Commission, Apple prevented the app developers from freely informing users about alternative offers outside the App Store, violating the obligation to allow the so -called “steering”. The technical and commercial restrictions imposed do not allow developers or to promote more convenient offers nor to direct users towards external purchases, despite the regulation recognizes the Cupertino company a compensation for having put in contact developer and end user.
Apple has not been able to demonstrate that these restrictions are necessary and proportionate. The Commission then ordered the company to remove these restrictions and not to reiterate similar behaviors. The sanction takes into account the gravity and duration of non -compliance, but also of the fact that it is the first decision under the DMA.
Meta and the question of the “Consent Orit Pay”
Meta Instead, it was sanctioned for the advertising model “consent or pay” (allowed or pay), introduced in November 2023, which forced users to choose between giving consent to the combination of personal data for personalized advertising or paying a subscription for a service without advertising.
The Commission noted that this model did not offer users an equivalent alternative that used less personal data, as required by the DMA, nor allowed them to express really free consent. In November 2024, Meta has introduced a new advertising option with less use of personal data, currently being evaluated by the Commission. However, today’s decision refers to the period March-November 2024, during which the only option was the binary one.
The periodic penalties provided in the event of non -compliance with the 60 -day term are not automatic. The Commission has clarified that, in case of non -compliance, it will have to start a new procedure, notifying of companies preliminarily the reasons why the violation persists, before adopting a new decision to actually impose the penalties. These can go up to 5% of the daily turnover of the companies concerned.
Facebook Marketplace: outside the DMA
Today the Commission has also established that Facebook Marketplace It is no longer part of the services designated by the DMA. Following a demand for the destination, Brussels found that in 2024 Marketplace had less than 10,000 business users, no longer satisfying the criteria to be considered a significant access to the market.
The message of the European Commission
“Today’s decisions transmit a strong and clear message. The Digital Markets Act is a crucial tool to free potential, choice and growth, guaranteeing digital operators the opportunity to operate in content and equipable markets. It protects European consumers and creates equal conditions”. This was stated in a statement by the vice -president of the European Commission with delegation to the competition, Teresa Ribera.