EU Demands That Apple Stop Geo-Blocking Users

The European Commission (EC) and the Consumer Protection Cooperation (CPC) Network of national consumer authorities informed Apple today that its practice of geo-blocking EU customers violates its legal responsibilities under the Geo-blocking Regulation, the Digital Markets Act (DMA), and the Digital Services Act (DSA).

“Apple Media Services unlawfully discriminate European consumers based on their place of residence,” the EC announcement explains. “Apple Media Services have a different interface for different countries in the EU/EEA. Consumers are only allowed to use means of payment (such as a credit/debit card) issued in the country where they registered their Apple account. [And] consumers are not allowed to download the apps offered in other countries. Consumers should be able to download apps offered in other EU/EEA countries when they travel to or temporarily stay in that country.”

The EC has given Apple 30 days to respond to the complaint. If the company fails to address its violations of EU law, “national authorities can take enforcement measures to ensure compliance.”

Geo-blocking is the practice of preventing users from accessing online services based on their geographical location. And while Apple has created multiple DMA compliance issues for itself in the EU this past year, this new complaint is a bit different and a lot more far-reaching. It’s also really a broad set of complaints, not just a single complaint, that’s tied to cross-border infringements of EU consumer protection laws under the 2018 EU Geo-blocking Regulation. This regulation applies to all app stores that operate in the region, and it’s overseen by the national consumer authorities of 27 EU member states. Like everything else in the EU, it’s complicated.

Interestingly, the complaint notes that Google last year changed its app store, the Google Play Store, to comply with the regulation. Google committed to allowing EU users to use any payment method from any EU country, and to informing developers about their legal obligations to make their apps accessible EU-wide. So the EC closed its action against Google without prejudice, allowing national authorities in the EU to enforce compliance separately when concerns remain.

The EC also notes that the DMA and DSA include app store regulations that Apple must comply with.

“The DMA sets out several requirements for designated core platform services, such as app stores, that aim to promote contestability and fairness in the digital sector,” the complaint explains. “The DSA introduces a set of clear rules at the EU level for online intermediaries, designed to ensure safety and accountability in the online environment and which are proportionate to the providers’ size. The Commission remains committed to enforcing the DSA and DMA, ensuring that both Google Play and [Apple] App Store, as designated gatekeepers (under the DMA) and providers of Very Large Online Platforms (under the DSA), comply with their obligations.”

“We are stepping up the fight against geo-blocking,” EC executive vice president Margrethe Vestager says. “No company, big or small, should unjustly discriminate customers based on their nationality, place of residence, or place of establishment. Preventing geo-blocking helps consumers access the goods and services they want across Europe and strengthens the functioning and integrity of our Single Market.”