Data Privacy at Risk: Apple Warns of Data Access Under EU’s Digital Markets Act

Apple is intensifying its criticism of the EU’s Digital Markets Act. The catalyst is an interim report by the European Commission, which attributes a positive impact to the legislation after two years. However, Apple executive Kyle Andeer strongly disagrees. He views the requirements imposed on the iPhone as a risk to data privacy, child protection, and innovation. Millions of iPhone users in the EU, as well as developers and providers of digital services, are affected. At the same time, Apple has been compelled to open up its long-closed ecosystem to third-party app stores, external payment services, and additional interfaces. (handelsblatt: 04.05.26)


Apple Sees Data Protection Jeopardized by EU Regulations

Andeer offers unusually sharp criticism of the European Commission’s interim report. The authority has effectively judged its own work, the Apple executive responsible for regulation told the Handelsblatt. In his view, there can be no talk of a dispassionate analysis. Apple is, therefore, “frustrated.”

The EU's Digital Markets Act forces Apple to open up the iPhone—Apple warns of privacy risks for users.
The EU’s Digital Markets Act forces Apple to open up the iPhone—Apple warns of privacy risks for users.

The EU Commission has classified Apple—alongside Amazon, Google, and Microsoft—as a “gatekeeper.” Consequently, the corporation is required to open up key platform functions. Users within the EU can now utilize app stores provided by third parties. Furthermore, developers are permitted to implement their own payment systems or use external ones. For Apple, the DMA thus constitutes a deep intrusion into the iPhone’s security architecture.

Meta’s Access to Wi-Fi Data Highlights the Core of the Conflict

According to Apple, the issue of interoperability is particularly sensitive. Andeer describes the EU’s interpretation as “radical.” He argues that this could allow third parties to access information that Apple has previously withheld. According to Andeer, this includes stored Wi-Fi network history.

Apple cites Meta as a case in point. The company could, in theory, identify which Wi-Fi networks users have connected to. This includes sensitive locations such as hospitals, hotels, or airports. Such data allows for inferences regarding a user’s whereabouts, daily routines, and personal contacts. Consequently, Apple views user data privacy as being directly jeopardized.

Third-Party Stores Shift Control and Responsibility

The EU Commission, however, points to the extensive public consultation process. According to the Commission, the assessment incorporated 450 submissions from corporations, small and medium-sized enterprises (SMEs), academic institutions, civil society organizations, and private citizens. Nevertheless, Andeer considers the outcome to be inadequate. In his view, the discussions held with Apple left virtually no discernible trace in the final report.

Apple also criticizes the potential ramifications of introducing alternative app stores to the iPhone. Andeer cites pornography, gambling, and Fortnite as examples. Apple identifies particular risks to children associated with such content and services. At the same time, Fortnite requires some context: Apple removed the game from the App Store in 2020 following a payment dispute with Epic Games—not on grounds related to child protection.


Innovations Reach EU Users Later

Apple also anticipates concrete consequences regarding new features. According to Andeer, the rollout of specific innovations in the EU is being delayed by six to eight weeks. Apple must first ensure that technical standards are sufficiently secured to function within an open ecosystem. He cites simultaneous translation via AirPods as an example.

Delays have reportedly already affected around a dozen features. iPhone Mirroring, for instance, remains entirely unavailable in the EU to date. This feature would allow users to cast their iPhone screen to a computer or TV and control it from there. Apple argues that the company is being forced to share its proprietary developments with competitors. Data privacy remains a central point of contention in this regard. At the same time, Andeer emphasizes that Apple has not—thus far—deliberately withheld innovations.

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