Apple (AAPL.US) EU policy adjustment: loosening restrictions on developer communication, new fee scheme sparks debate

Apple Inc. (AAPL.US) has recently adjusted its policy in Europe in response to accusations from the European Commission (EC) that it violated technical rules in June. Under the new policy, Apple now allows developers to communicate with customers outside the App Store, marking a concession in its negotiations with regulators.

The EC had previously pointed out that Apple only allowed users to be redirected to a website where they could sign a contract through “links,” which developers could include in their apps. Apple now allows developers to promote discounts available anywhere, not just on their own websites.

However, Apple also introduced two new fees: a 5% initial fee for new users and a 10% fee for any sales made on any platform within 12 months of an app’s installation, which will replace the previous reduced commission on all digital goods and services sold through the App Store.

Currently, Apple’s fees include a service fee, a commission on digital goods and services, and optional fees for payment and business services. The service fee applies to less than 1% of apps.

Notably, Spotify Technology (SPOT.US), which is in dispute with Apple over in-app linking, is assessing Apple’s new proposal. A spokesperson for Spotify said that Apple’s requirement to charge up to 25% for basic customer communication seems to ignore the basic requirements of the Digital Markets Act.

The EC had previously criticized Apple for charging fees that were too high for helping developers acquire new customers through the App Store. Officials said they would assess Apple’s final changes to its rules and consider market feedback, especially from developers.

The policy change is Apple’s response to the first accusations under the landmark Digital Markets Act (DMA), which could result in fines of up to 10% of the company’s global annual revenue. The policy change is both a response to regulatory pressure and a reflection of Apple’s efforts to balance maintaining market position and complying with the law.