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Temu accused of breaching EU's DSA in bundle of consumer complaints | TechCrunch


Consumer protection groups around the European Union have filed coordinated complaints against Temu, accusing the Chinese-owned ultra low-cost e-commerce platform of a raft of breaches related to the bloc’s Digital Services Act (DSA). Temu only launched in the region about a year ago but recently reported blasting past 75 million monthly users. Penalties for confirmed […]

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Apple's iPadOS will have to comply with EU's Digital Markets Act too | TechCrunch


The European Union will apply its flagship market fairness and contestability rules to Apple’s iPadOS, the Commission announced today — expanding the number of Apple-owned platforms regulated under the Digital Markets Act (DMA) to four and amping up regulatory risk for the tech giant by bringing its tablet ecosystem in scope.

Apple has six months to ensure iPadOS is compliant with the DMA.

The development could force significant changes on how it operates the tablet platform in the EU as Apple will have to ensure it’s complying with a sweep of DMA mandates, such as a ban on so-called “gatekeepers” being able to self-preference their own services and requirements to allow third party app stores, the sideloading of apps and support for third party payment options.

Apple will also need to open up access to non-WebKit versions of Safari to iPadOS in the next six months, as it has already done on iOS in another DMA compliance step. While business users reaching customers via the tablet platform will have a legal right to FRAND (fair, reasonable and non-discriminatory) terms.

Last fall the Commission designated Apple’s mobile platform iOS, App Store and Safari browser as subject to the DMA’s set of up-front “dos and dont’s” — with the regime containing tough penalties for any violations (of up to 10% of global annual turnover or even more for repeat offences).

Since then Apple has announced a series of changes to how it operates the platforms in the region. But some aspects of its response to the DMA are already under formal investigation for suspected non-compliance. The Commission opened a first wave of formal DMA investigations last month.

Apple’s tablet operating system was not included in the EU’s first DMA designations last year as user numbers did not meet the threshold. However the regulation gives the Commission leeway to consider qualitative criteria, too, where tech giants hold an entrenched and durable position. Which is what happened here.

Announcing the outcome of its market investigation the Commission said it had found business users of iPadOS exceed the threshold elevenfold, while end user numbers are “close” to the threshold and predicted to rise in the near future.

Its investigation also found that both end users and business users are “locked-in” to using iPadOS. “Apple leverages its large ecosystem to disincentivise end users from switching to other operating systems for tablets,” it wrote. “Business users are locked-in to iPadOS because of its large and commercially attractive user base, and its importance for certain use cases, such as gaming apps.”

“[D]espite not meeting the quantitative thresholds laid down in the DMA, [iPadOS] constitutes an important gateway for business users to reach end users and therefore should be designated as a gatekeeper,” the Commission added.

Apple responded to the designation of iPadOS with an emailed statement. “We will continue to constructively engage with the European Commission to comply with the DMA, across all designated services. Our focus will remain on delivering the very best products and services to our European customers, while mitigating the new privacy and data security risks the DMA poses for our users,” the company wrote.

The Commission had allowed itself 12 months to conduct the market investigation of iPadOS. Assuming it instigated the review right after announcing the first DMA designations it’s taken the EU around eight months to conclude this qualitative look at the tablet platform. The Commission confirmed this is the first, and so far only, market investigation it’s undertaken since the DMA got up and running.

In a previous decision, back in February, the EU decided against designating Apple’s iMessage as subject to the DMA — meaning the company avoided an obligation to make its messaging system interoperable.


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Shein to face EU's strictest rules for online marketplaces | TechCrunch


Ultra-fast fashion ecommerce giant Shein will be subject to an additional layer of governance rules targeted at very large online platforms (VLOPs) under the European Union’s Digital Services Act (DSA), the Commission announced Friday.

Shein had reported passing an average of 45 million monthly users in the region — which is the threshold for the EU to designate VLOPs under the DSA.

The designation is important as it means the Singapore-headquartered marketplace will soon have to comply with the strictest level of online governance — requiring it to take steps to identify and mitigate systemic risks, such as related to the sale of counterfeit or illegal goods or other types of content which could pose harms to consumers’ well-being.

Other DSA obligations for VLOPs include a requirement to publish an ads library, as well as providing access to platform data to external researchers studying systemic risk.

Shein joins roughly two dozen platforms already designated as VLOPs or VLOSE (very large online search engines) by the EU. Other VLOP marketplaces include the likes of AliExpress, which is already under investigation by the Commission for suspected breaches of the DSA; Amazon, which has challenged its designation (but remains subject to the rules in the meanwhile); Booking.com; and Zalando. 

The DSA’s general obligations already applied to Shein, as one of likely thousands of online services in scope of the general rules. But being named a VLOP amps up the regulatory risk for the fast-fashion giant. The EU will expect Shein’s first risk assessment report to be submitted in four months’ time.

Penalties for failing to comply with the DSA, meanwhile, can reach up to 6% of global annual turnover. The maximum fine does not increase for VLOPs but with more obligations piled on them the level of regulatory risk they’re subject to certainly rises.

So far no platforms or services have been found to have breached the DSA so it remains to be seen how penalties might be meted out in practice. But it’s logical that larger platforms could also face stiffer fines for any compliance failures.

While fashion was Shein’s initial product focus the ecommerce giant has been rapidly expanding its inventory into a far broader marketplace, covering a growing range of lifestyle and homeware categories (such as cosmetics, supplies for schoolkids and products for pets).

Its tactic of offering a vast range of fashion-focused goods, typically at bargain basement prices, means the marketplace is especially popular with young users. However it’s a dynamic that could amp up the regulatory risk for Shein as the Commission has said its priorities in enforcing the DSA include honing in on risks related to child protection and marketplace safety. Cheap goods may also not have the highest safety standards.

“The Commission services will carefully monitor the application of the DSA rules and obligations by the platform, especially concerning measures to guarantee consumer protection and address the dissemination of illegal products,” the EU wrote in a press release accompanying Shein’s designation. It added that it is “ready to engage closely with Shein to ensure these are properly addressed”.

Prior to Shein being designated a VLOP oversight of its compliance with the DSA fell to the Irish Digital Services Coordinator (IDSC), as its EMEA HQ is located in Dublin. But the Commission enforces of the subset of DSA rules that apply to VLOPs so it will be taking up the oversight baton on the marketplace — alongside the IDSC’s ongoing supervision of Shein’s compliance with the rulebook’s general obligations.


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Alternative browsers report uplift after EU's DMA choice screen mandate | TechCrunch


A flagship European Union digital market regulation appears to be shaking up competition in the mobile browser market.

It’s been a little over a month since the Digital Markets Act (DMA) came into application and there are early signs it’s having an impact by forcing phone makers to show browser choice screens to users.

On Wednesday, Reuters reported growth data shared by Cyprus-based web browser Aloha and others that it said suggests the new law is stirring the competitive pot and helping smaller browser makers gain share or at least grab more attention than they were.

But it’s early days for DMA implementation, with choice screen rollouts still a work in progress, and many EU users haven’t even seen one yet. While Aloha is not the only other browser reporting a boost in interest since the DMA compliance deadline kicked in on March 7 — Brave, Opera and Vivaldi also shared positive stories of increased interest — several others, including DuckDuckGo and Firefox, told us it’s too soon for them to be able to assess the regulation’s effect.

TechCrunch reached out to 16 alternative browser makers with questions, as well as Apple and Google, to inform our reporting. We also contacted the European Commission to ask about its own tracking of the DMA’s impact in this area — but it declined to share any data.

Neither Apple nor Google responded to questions asking about any changes in regional usage of their own browsers since the choice screens began being shown to mobile users.

Opting for choice screens

The EU’s goal for the DMA is to boost competition against internet “gatekeepers” whose control of dominant platforms gives them many operational advantages over smaller rivals. The regulation does this through a list of “dos and don’ts” that tech giants must comply with. In the case of browsers, it obliges the likes of iOS maker Apple and Google’s Android to display browser choice screens — forcing them to point users to alternatives to Apple’s Safari and Google’s Chrome.

Choice screens are intended to work against platform dominance and self-serving defaults by alerting consumers there are other options. But users do still need to decide to switch to an alternative app in order for choice screens to boost competition. The design of screens is also important.

Some alternative browser makers remain concerned the design of choice screens isn’t where it needs to be. We suspect this is leading to reluctance by some underdogs to share data on early impact, especially as the EU is currently investigating Apple’s choice screen design for suspected noncompliance.

In other words, some browser makers may be playing a waiting game in the hopes of encouraging Commission enforcers to push for a stronger implementation. At the same time, some really small browser players may see more gains to be had from good old-fashioned publicity — for example, sending out a press release trumpeting early interest — as a tactic to raise their profile to try to drive more downloads through increased awareness.

Overall, it’s still very early. Many regional mobile users may not have even seen a choice screen appear on their handset yet. Google, for instance, says screens are being displayed on newly launched Android devices but for existing Android handsets it’s up to the makers of the devices to push out the choice screens to their users. So there isn’t a clear implementation timeline on Android.

While in the case of iOS, Apple says it’s been displaying choice screens to users of iOS since iOS 17.4. But users who haven’t updated to this version also won’t have seen any yet.

Mozilla, maker of the Firefox browser, told us it estimates that less than a fifth of iOS users have been shown a choice screen so far. It reckons even fewer Android users have seen one in the wild as yet.

With this patchy Android rollout picture in mind, it seems likely that more iOS users will have seen choice screens than Android users so far — even though Google’s platform has a larger regional market share.

Measuring the impact of the DMA on alternative browsers’ market share is further complicated by variations in the apps that mobile users see in different EU countries. Some alternatives, such as Firefox, can appear on the iOS choice screen in every EU market. Whereas others are far more limited: Vivaldi, for example, can only appear in eight countries. So exposure to potential users can vary substantially depending on the browser. (Apple lists the options it’s currently showing in each market here.)

Alt browsers on the up?

Aloha, a browser that focuses on privacy and claims not to track users, told us it’s seen 250% growth in new users (i.e., app downloads) since the DMA came into effect last month. It reports having approximately 10 million active monthly users globally — and estimates that around 1 million of those are located in the EU. So it remains a very small player.

However, since Aloha says it does not collect any personal data, including location data, it told us it cannot be precise about where its users are located. Yet it told Reuters the EU had moved up from being its fourth largest market to its second largest since the DMA compliance deadline kicked in.

Aloha also claimed to have seen an uptick in users in the U.S. since the DMA came into effect — yet the regulation does not apply in the U.S. market so U.S. users aren’t encountering it via browser choice screens. Aloha told TechCrunch it believes privacy awareness is rising generally, but also suggested growth in new installs in the EU may be helping to raise its position in the U.S. App Store.

Norway-based Opera, meanwhile, is also claiming market share gains since the DMA started to bite on March 7. Per new metrics shared with TechCrunch Wednesday, Opera said new user growth from February to the end of March was 63% — so it’s reporting a substantial uptick in people downloading Opera and giving it a try.

It is also reporting a 39% growth in users on iOS selecting its browser as their default specifically, from March 3 until April 4.

Previously (as of March 18), Opera reported 164% growth in the inflow of new EU users on iOS after the deadline for Apple to implement the DMA-enforced choice screen. So there actually appears to have been a drop in the growth rate it’s seen over this period — that is, after a bigger initial spike of interest.

Regardless, Opera is sounding very happy with the extra level of interest it’s seeing. In a statement, Jørgen Arnesen, its EVP of mobile, said the DMA “is working to even the playing field,” adding: “We’re excited to see that it has become easier for users to express their browser choice and for that choice to be respected.”

Another browser maker with a positive experience since DMA compliance day is Vivaldi, which is also developed out of Norway.

It told TechCrunch it’s seen an increase of 36.7% in downloads in the EU (in total) since the iOS choice screen came into effect. But the boost in downloads is even bigger when you look at the eight markets where Vivaldi is actually being shown on iOS choice screens. In those markets it said downloads have increased 69.6% since the choice screen started being pushed at users.

Despite this uptick in downloads, Vivaldi is unhappy with the current design of Apple’s choice screen.

“There are significant flaws with its implementation, including when it is shown and what is shown,” a company spokesperson told us. “Users can only see the choice screen when they click Safari. The list of browsers does not show additional information and that does not help users to make a meaningful choice. If the user has already selected a browser of their own choice, the choice screen can actively try to push them away from it, and may not even include it in the list that it presents to the user.”

“We think the priority should be given to cross-platform browsers, so that the same browser can be used on all of the user’s devices,” she added. “Apple looks at it very narrowly, per platform and country. We believe the main browser choices should be visible and we are not. And we should be on the list for all countries.”

We also heard positive things from Brave. The U.S.-based privacy-focused browser said it’s seen “a significant uptick” in installs since the DMA came into effect. (Although it does not report users per region so declined to break out total usage figures for the EU.)

“The daily installs for Brave on iOS in the EU went from around 7,500 to 11,000 with the new browser panel this past March,” per a company spokesperson. “In the past few days, we have seen a new all time high spike of 14,000 daily installs, nearly doubling our pre-choice screen numbers.”

“Regarding retention, users who are choosing Brave from the DMA screen are being retained equally to or better than our average,” she added, arguing that, overall, the uptick in interest it’s seeing “confirms that users want choice.”

On the flip side, three other alternative browsers that we contacted — DuckDuckGo, Ecosia and Firefox — suggested it’s too early to tell whether the DMA is helping them.

Veteran privacy-focused browser maker DuckDuckGo declined to share any data, saying it’s too soon to draw meaningful conclusions.

“While we’ve seen some positive signs, the choice screen rollout is ongoing and for a competitor like us that sees billions of searches and millions of downloads a month, we need more time to make an accurate impact assessment at scale,” it said in a statement.

DuckDuckGo also told us it lacks access to “key information” to be able to assess the DMA’s impact, saying, for example, that it has no way of knowing how many people have seen a search engine or browser choice screen.

“This is key because it would help us understand our selection rate on a choice screen and how widespread the rollout has been,” it noted, adding: “We’re at the beginning of this journey, not the end.”

Another alt player, the not-for-profit, tree-planting and eco-action focused Ecosia, also told us it doesn’t have enough data to make an accurate assessment of the regulation’s impact. “We have not received selection rates or any other meaningful datasets, so it is hard for us to solidly report on the effectiveness of the choice screen at this stage,” said Sophie Dembinski, its head of public policy and climate action.

She emphasized Ecosia isn’t happy with the current iOS choice screen, which it believes is hampering potential growth — also pointing to the Commission’s open case investigating Apple’s implementation.

“While Ecosia has jumped to second and third position in some European markets for utility apps in the Apple App Store, our search numbers have barely changed,” she said. “This is due to several design issues within Apple’s choice screen — such as showing the choice screen to users who have already selected an alternative choice to Safari; an overly complex installation process which loses a large number of users; and keeping the Safari browser app in the best position on the home screen.”

Another veteran browser player, Firefox, is also keeping its powder dry when it comes to assessing early impact.

“We are not currently sharing absolute numbers, both because we have some serious concerns about the current choice screens and because we estimate that less than 20% of users on iOS and likely less on Google have been exposed to them thus far,” said Mozilla’s Kush Amlani, global competition and regulatory counsel.

“The DMA represents a once-in-a-generation opportunity to create competition and choice for EU consumers. Whether that potential is realized depends on the gatekeepers’ compliance and the European Commission’s enforcement,” he emphasized, also referencing the Commission’s probes into suspected gatekeeper non-compliance.

“While we’re seeing many thousands of people select Firefox on the choice screens, we don’t think this should distract from the fact that the iOS choice screen has significant flaws that block people from making genuine choices,” Amlani added. “The critical challenge is that powerful and deep-pocketed gatekeepers are incentivized to protect their existing closed ecosystems and fight the implementation of the DMA, which will open them up to competition.”

TechCrunch’s outreach to browser makers that may benefit from the DMA choice screens also yielded one report of no meaningful impact since the requirement kicked in: Yandex, a Russia-based browser that can appear on the iOS choice screen anywhere in the EU, told us it hasn’t seen “any meaningful changes in the user metrics in the region so far.”

In Yandex’s case, its possible disinterest in switching could be linked to consumer concerns about using or supporting software that’s developed in Russia in light of the Ukraine war.


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Open source foundations unite on common standards for EU's Cyber Resilience Act | TechCrunch


Seven open source foundations are coming together to create common specifications and standards for Europe’s Cyber Resilience Act (CRA), regulation adopted by the European Parliament last month.

The Apache Software Foundation, Blender Foundation, Eclipse FoundationOpenSSL Software Foundation, PHP Foundation, Python Software Foundation, and Rust Foundation revealed their intentions to pool their collective resources and connect the dots between existing security best practices in open source software development — and ensure that the much-maligned software supply chain is up to the task when the new legislation comes into force in three years.

Componentry

It’s estimated that between 70% and 90% of software today is made up of open source components, many of which are developed for free by programmers in their own time and on their own dime.

The Cyber Resilience Act was first unveiled in draft form nearly two years ago, with a view toward codifying best cybersecurity practices for both hardware and software products sold across the European Union. It’s designed to force all manufacturers of any internet-connected product to stay up-to-date with all the latest patches and security updates, with penalties in place for shortcomings.

These noncompliance penalties include fines of up to €15 million, or 2.5% of global turnover.

The legislation in its initial guise prompted fierce criticism from numerous third-party bodies, including more than a dozen open source industry bodies that last year wrote an open letter saying that the Act could have a “chilling effect” on software development. The crux of the complaints centered on how “upstream” open source developers might be held liable for security defects in downstream products, thus deterring volunteer project maintainers from working on critical components for fear of legal retribution (this is similar to concerns that abounded around the EU AI Act, which was greenlighted last month).

The wording within the CRA regulation did offer some protections for the open source realm, insofar as developers not concerned with commercializing their work were technically exempt. However, the language was open to interpretation in terms of what exactly fell under the “commercial activity” banner — would sponsorships, grants, and other forms of financial assistance count, for example?

Some changes to the text were eventually made, and the revised legislation substantively addressed the concerns through clarifying open source project exclusions, and carves out a specific role for what it calls “open source stewards,” which includes not-for profit foundations.

“In general, we are pleased with the outcome… the process worked, and the open source community was listened to,” Eclipse Foundation executive director Mike Milinkovich told TechCrunch. “One of the most interesting aspects of the final regulation is that it recognizes ‘open source software stewards’ as a form of economic actor which are part of the overall software supply chain. This is the first piece of legislation globally that recognizes the role played by foundations and other forms of community stewards.”

Although the new regulation has already been rubber stamped, it won’t come into force until 2027, giving all parties time to meet the requirements and iron out some of the finer details of what’s expected of them. And this is what the seven open source foundations are coming together for now.

“There is an enormous amount of work that will need to be done over the next three years in order to implement the CRA,” Milinkovich said. “Keep in mind that the CRA is the first law anywhere in the world regulating the software industry as a whole. The implications of this go far beyond the open source community and will impact startups and small enterprises as well as the global industry players.”

Documentation

The manner in which many open source projects evolve has meant that they often have patchy documentation (if any at all), which makes it difficult to support audits and makes it difficult for downstream manufacturers and developers to develop their own CRA processes.

Many of the better-resourced open source initiatives already have decent best practice standards in place, relating to things like coordinated vulnerability disclosures and peer review, but each entity might use different methodologies and terminologies. By coming together as one, this should go some way toward treating open source software development as a single “thing” bound by the same standards and processes.

Throw into the mix other proposed regulation, including the Securing Open Source Software Act in the U.S., and it’s clear that the various foundations and “open source stewards” will come under greater scrutiny for their role in the software supply chain.

“While open source communities and foundations generally adhere to and have historically established industry best practices around security, their approaches often lack alignment and comprehensive documentation,” the Eclipse Foundation wrote in a blog post today. “The open source community and the broader software industry now share a common challenge: legislation has introduced an urgent need for cybersecurity process standards.”

The new collaboration, while consisting of seven foundations initially, will be spearheaded in Brussels by the Eclipse Foundation, which is home to hundreds of individual open source projects spanning developer tools, frameworks, specifications, and more. Members of the foundation include Huawei, IBM, Microsoft, Red Hat and Oracle.


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