Netherlands Authority for Consumer Markets Begins Fining Apple for Non-Compliance With Dating App Rules for Third-Party Payments

The Netherlands Authority for Consumer Markets:

Apple has failed to satisfy the requirements on several points. The most important one is that Apple has failed to adjust its conditions, as a result of which dating-app providers are still unable to use other payment systems. At the moment, dating-app providers can merely express their ‘interest’. In addition, Apple has raised several barriers for dating-app providers to the use of third-party payment systems. That, too, is at odds with ACM’s requirements. For example, Apple seemingly forces app providers to make a choice: either refer to payment systems outside of the app or to an alternative payment system. That is not allowed. Providers must be able to choose both options.

What are the next steps?

ACM has informed Apple that its statements do not satisfy the requirements laid down in the order subject to periodic penalty payments. Apple is still obligated to act in accordance with said order. If it fails to do so, Apple will have to pay each week a penalty payment of 5 million euros up to a maximum of 50 million euros.

Apple could just write them a check for €50 million now, from the company’s spare-change-under-the-sofa account. Or they could just pull dating apps from the App Store in the Netherlands. Otherwise, put their napkins on their laps and eat a Dutch shit sandwich.

Update: Francisco Tolmasky:

It must be really frustrating to roll out an entire plan only to be completely at the whim of a reviewer — err, regulator — to find out whether it sufficiently meets a set of vague criteria.

★ Monday, 24 January 2022