14 December 2023
Yesterday the EU Commission sent formal requests for information under the Digital Services Act to Google and Apple, asking how they have identified systemic risks for Google Play and the App Store.
Google Play and the App Store were designated as “very large online platforms” under the DSA on 25 April 2023. As a result, Google and Apple must conduct "diligent assessment and mitigation" of the platforms' systemic risks, in particular those related to dissemination of harmful or illegal content, negative effects on fundamental rights, or any negative effects on public security, health or for children.
The Commission is also requesting further details on the stores’ compliance with the DSA's rules on online marketplaces and transparency for recommender systems and online ads.
Both Apple and Google have until 15 January 2024 to comply with the Commission’s request.
Once responses are received, the Commission will consider whether to begin proceedings under Art 66, which could lead to on-site inspections, monitoring compliance (possibly with external auditors), or proceedings for enforcement of penalties.
The Commission can impose fines for failing to respond to the information request, or providing incorrect, incomplete, false or misleading information.
After the AI Act reached political agreement last week, and compliance with the Digital Markets Act saw the creation of industry body the Coalition for Open Digital Ecosystems (CODE), it seems the EU's Digital Agenda for Europe is starting to take shape...