The FSFE calls for broader interoperability by Apple under the DMA
The Free Software Foundation Europe, alongside civil society organizations, developers and researchers, submitted its position to the European Commission’s public consultation on measures requiring Apple to ensure compliance with the Digital Markets Act’s interoperability provisions. The FSFE stressed the urgent need for Apple to provide effective, free-of-charge interoperability.
In parallel to the litigation efforts against Apple, the FSFE continues to collaborate with the European Commission and other stakeholders in the enforcement of the Digital Markets Act (DMA). Alongside other civil society organizations, researchers and developers, the FSFE submitted its position to the European Commission to improve the European Commission’s proposal to regulate Apple’s approach towards interoperability in its iOS and iPadOS operating systems, as required by Article 6(7) of the DMA.
The FSFE is demanding a shift towards “interoperability by default”. Apple’s reactive approach is at odds with the DMA, undermining developer agency and consumer choice. The FSFE urges that Apple should not deny software interoperability at its discretion, but the process for assessing interoperability requests should be transparent and non-discriminatory. We recommend that the Commission take a more active role by scrutinizing Apple’s decisions and intermediating conflict resolution among Apple and access-seeking developers. Besides, Apple should not rely on API security by obscurity, but the Commission should require public API documentation. We suggest that the Commission require Apple to also adopt an effective bug-tracking system and prohibit the company from requiring non-disclosure agreements (NDAs) from developers who wish to interoperate with iOS and iPadOS.
The FSFE has ensured that the voices of Free Software developers, particularly smaller projects, are heard. We welcome the European Commission’s steps toward demanding effective and transparent measures from Apple, but a fundamental shift towards "interoperability by design" would be the most impactful improvement. DMA is not only about regulating competition among gatekeepers but also levelling the playing field to SMEs and smaller software developers. Therefore, it is crucial to keep Apple’s approach to interoperability under strict scrutiny from the Commission and civil society." Lucas Lasota, FSFE Legal Programme Manager
In addition, the FSFE is participating in a comprehensive study on how Apple’s restrictive interoperability policies harm Free Software. This research was first presented in November 2024 during a conference on the DMA implementation in Brussels and will also be presented at an upcoming event organized by the Knight-Georgetown Institute and Yale University in Washington, D.C., in February 2025.
Additional Material
Joint submission to the European Commission’s public consultation on Apple’s request-driven approach towards Art. 6(7) DMA.
Dedicated page to FSFE’s strategic litigation efforts on the Apple vs European Commission case at the Court of Justice of the European Union.