Amazon, Apple, ByteDance (TikTok), Google, Meta and Microsoft are failing to comply with the parts of the Digital Markets Act (DMA) that are most important to consumers. This is the conclusion reached by Buick, the umbrella organization of EU consumer protection organizations, in a study published on Monday. Buick emphasizes that the DMA, with its comprehensive competition rules, is “a key law” to prevent Big Tech from controlling digital markets as gatekeepers and to provide consumers with more choice and protection. Although the regulation is in force from the beginning of 2024, the auditors say they have identified several examples of “potential violations by the relevant companies”. These are likely to have “negative consequences for both markets and consumers”.
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Apple can no longer force users to use its payment system for in-app purchases on iPhones or iPads, Consumer advocates provide an example of the DMA’s requirements. Meta must provide WhatsApp users with the opportunity to communicate with users of other instant messaging platforms. Google is obliged to actively ask consumers which search engine they want to use.
But Buick complains that the big gatekeepers have not always complied with the new competition rules in many of their services. They explain potential legal violations in several areas. For example, Meta, Google, Amazon, ByteDance and Microsoft continue to demand consumers’ consent for the use of their personal data in services. Personalized advertising buttons on Microsoft’s TikTok and LinkedIn are also “not neutral”. The color of consent or rejection alone can “significantly distort or impair” the user’s independent judgment.
The connection to additional messengers from Meta is still open
According to the report, both Apple and Google are making it more difficult to subscribe to services outside the respective app stores of mobile operating system operators. Apple in particular is trying to prevent users from “considering potentially cheaper or better offers” with various warnings. The corresponding screen-filling instructions do not give users the freedom to select potentially cheaper apps from third parties, as DMA requires. In general, Apple hinders the downloading of alternative app stores and programs available there. In addition, the selection screens and standard settings of browsers and search engines in Apple and Google left something to be desired.
According to the investigation, Google and Amazon are also violating the rule of not prioritizing their own services in search results. The e-commerce giant is also creating obstacles to unsubscribe from services. Consumer advocates also see a big problem with the necessary interoperability of instant messaging, especially Meta. The American group “has not yet provided sufficiently detailed information” about what the corresponding user interface will look like. There are also no details yet about how it will work. However, they said it is important that the interface design and “messaging experience” do not reduce consumers’ desire to chat on multiple services.
Buick called on the EU Commission to adequately enforce the DMA “so that major technology companies comply with it fully and consumers benefit from more open digital markets.” The Brussels governmental institution has already admirably addressed some of the identified problem areas as part of its own investigation into compliance with the regulation and with preliminary findings in the spring and summer. The first sanctions against Apple based on the DMA are reportedly in the works. The company recently announced that EU users will be able to set additional standard apps on iPhones and iPads in the future and, for example, remove the Safari browser.
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