Following the presentation of iOS 18.1, macOS Sequoia 2, and Apple Intelligence 3 at the Apple Worldwide Developers Conference, Apple has announced changes in the availability of some of the new features.
Notwithstanding this, following the release of iOS 18 4 beta 2, it has been confirmed that iPhone Mirroring 5, SharePlay Screen Sharing 6, and Apple Intelligence will be paused for users in the European Union (hereinafter, the “EU”).
1. The Role of the Gatekeeper
The Digital Markets Act (DMA) is the law in the EU that applies to digital platforms acting as “gatekeepers” in the digital market. This legislation, which came into force in March 2024, aims to curb monopolistic practices by large tech companies and ensure a more competitive and open market.
For these purposes, an operator providing a core platform service will be considered a gatekeeper if it meets key criteria such as significant size, control of access to a key platform service, and a strong and lasting market position. It must also exceed quantitative thresholds such as annual revenues, reach of end users, and active commercial users, as determined in the DMA itself.
Companies that meet the characteristics of a gatekeeper are required to notify the European Commission (hereinafter, the “EC”) within 2 months of reaching the thresholds, providing relevant information to support their assessment. The EC will then evaluate the notification and confirm whether the company meets the gatekeeper requirements, with a 60-day period to make a decision on whether the company will be designated as a gatekeeper. If the EC determines that the company meets the criteria, it will be officially designated as a gatekeeper.
Regarding the designation of digital gatekeepers, they are also classified according to the products or services they offer, which means that the company must comply with a series of specific obligations to ensure they do not abuse their market position, including but not limited to:
- Avoid prioritizing their own services over those of competitors; and
- Allow users to install third-party apps and use alternative app stores.
The EC will be responsible for overseeing compliance with the obligations imposed on gatekeepers, who risk fines of up to 10% of the company’s total global annual revenue for non-compliance, or up to 20% in the case of repeated offenses. Additionally, the EC may apply more severe corrective measures if the violations persist.
2.Apple’s Consideration as a Gatekeeper
Apple is considered a gatekeeper under the DMA due to its dominant position in the digital market, with the following as its core platform services:
• Intermediation: App Store7;
• Browser: Safari8; and
• Operating System: iOS.
However, macOS is not considered among Apple’s core services, which is why the operation of iPhone Mirroring has been paused in Europe. This could be the determining factor for the EC to include it, and therefore, it would have to comply with the regulation. The same will apply to the screen-sharing functionality.
Regarding Apple Intelligence, as it is integrated into iOS and iPadOS, in order to comply with the DMA, it will need to undergo authorization by the EC as a core service.
3. Apple Intelligence in Europe
The collaboration between Apple and OpenAI has led to Apple Intelligence, a new artificial intelligence tool that promises to revolutionize the way we interact with technology. This AI will be available for both voice commands and written interactions, where it will integrate with OpenAI’s ChatGPT.
However, Apple assures that, unlike the conventional use of ChatGPT, the data generated with Apple Intelligence will be protected and remain private. This is because Apple Intelligence is not based on OpenAI’s chatbot. Instead, for certain requests, Apple will provide the option to access ChatGPT through Siri.
Apple has decided to delay the launch of Apple Intelligence in Europe until 2025, as complying with the DMA would require significant adjustments to its technology, including interoperability requirements, which could compromise the integrity of its systems and, therefore, the security of users.
According to Apple, opening its iOS ecosystem to external developers and allowing the integration of third-party artificial intelligence products would increase security risks, particularly regarding privacy.
Apple System Changes in Europe Driven by the DMA
4.1 Opening in iOS
One of the most notable changes brought by the DMA is the opening of the iOS system to allow sideloading or the installation of apps outside the App Store in Europe.
Although Apple has resisted this practice for years, arguing that it poses a risk to device security, the DMA has forced the company to allow European users to install apps from external sources. This marks a historic shift in Apple’s closed ecosystem, although it remains limited to the European market.
Regarding browsers, the DMA has also forced Apple to allow the use of alternative browsing engines, breaking the requirement for WebKit. This means that users can now enjoy browsers that are completely independent of Safari, fostering greater competition and diversity in the iOS ecosystem.
4.2 Opening of NFC and Changes in Apple Pay
Another consequence of the DMA has been the opening of the NFC 9 chip on iPhone.
Until now, Apple limited the use of the NFC 10 chip to its own platform, Apple Pay, but with the new regulations for conducting transactions, it will have to allow third-party payment platforms such as Google Pay or Samsung Pay.
In this way, European users have more freedom to choose how and with which apps to make payments.
Apple is at a crossroads in its relationship with the European market. The regulations imposed by the DMA are forcing the company to make significant changes to its products and services, opening its ecosystem to competition and limiting its control over key aspects. While these changes may represent a win for European consumers and developers, they also pose challenges in terms of security and privacy, which are core values in Apple’s philosophy.
As for the future of Apple Intelligence in Europe, it will depend on how Apple manages to balance regulatory demands with its commitment to innovation and security. Meanwhile, users outside the EU will be able to enjoy this new development much sooner, without the restrictions imposed by the DMA.
It is used to exchange information between two devices that have this system, which start to function when brought close together, no more than 15 centimeters apart.
1Decimoctava versión principal del sistema operativo iOS de Apple (del inglés “iPhone Operating System”), sistema operativo de Apple utilizado en sus dispositivos móviles.
2macOS Sequoia es la actual versión principal del sistema operativo macOS de Apple (del inglés “Macintosh Operating System”), sistema operativo de Apple utilizado en las computadoras Macintosh.
3Herramienta de inteligencia artificial (IA) que Apple ha comenzado a implementar con el lanzamiento de iOS 18 y sus versiones relacionadas en otros sistemas operativos como macOS Sequoia.
4Versión preliminar de iOS 18, el sistema operativo de Apple para iPhone, destinada a desarrolladores.
5iPhone mirroring es una función que permite duplicar la pantalla de un iPhone en otro dispositivo, como un televisor, computadora o proyector, para ver en tiempo real lo que aparece en la pantalla del teléfono mediante AirPlay, cables HDMI o aplicaciones de terceros.
6SharePlay Screen Sharing es una función que permite a los usuarios de dispositivos Apple compartir su pantalla durante una llamada de FaceTime, con mejoras recientes introducidas en iOS 18.
