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Apple fined $5.6M for failing to meet Dutch dating app order

Apple has not done enough to appease a regulator's order concerning App Store payment rules affecting dating apps in the Netherlands, a decision that has now cost the company 5 million euros.

On January 15, Apple confirmed it would abide by an order by the Netherlands Authority for Consumers and Markets (ACM) to allow dating apps operating in the country to use third-party payment mechanisms. In a review of the rule changes, the ACM believes Apple has yet to fully comply with the order.

Apple had until January 15 to provide developers with ways to take payments relating to dating apps through alternative means than the usual in-app purchases mechanism. Apple allowed developers to add an in-app link pointing to a website to complete purchases, and the option to use a third-party payment system.

On Monday, the ACM declared Apple had "failed to satisfy the requirements" of its order. Since Apple failed, this meant it was subject to an initial fine of 5 million euros ($5.6 million). If the order still isn't met, the same fine would be charged weekly, up to a maximum of 50 million euros ($56 million).

The ACM says Apple fails "on several points," with the biggest one being that Apple has "failed to adjust its conditions, as a result of which dating-app providers are still unable to use other payment systems." Currently, Apple states on its support page developers will be able to request one of the two new payment entitlements, but they aren't actually available to use at the moment.

Since dating app providers can "merely express their interest" to Apple, this doesn't satisfy the order.

Apple is also said to have "raised several barriers" for the use of third-party systems. In one example of this, Apple's offering of a choice is at fault since it requires developers to choose either the link or in-app use of alternative payment systems, but not both.

"That is not allowed," writes the ACM. "Providers must be able to choose both options."

It is unclear if the ACM objects to Apple's insistence it should still receive a commission for purchases made using third-party mechanisms in this way.

Apple has been contacted by the ACM that it has failed to satisfy the order's requirements, and reminds that Apple is "still obligated to act in accordance with said order" or face the recurring penalty.



30 Comments

lkrupp 19 Years · 10521 comments

When you get too big it’s time to take you down, except if you’re the government. Then it’s the bigger the better. Protecting consumers my ass.

rob53 13 Years · 3312 comments

When I go into any store I have one choice for payment--what the store has to offer. I have no ability to use a third-party payment system to pay for my groceries, household items or anything else. How is the Apple App Store any different? I go to this store and use their payment system. How difficult is it to understand? 

As for specifying dating apps, ?????????? Why are they special? Is the Dutch government trying to make sure Apple doesn't know who's actually using their App Store and apps? I guess it's time to go after Costco and other membership stores along with every grocery store forcing them to allow me to walk into their store, pick up an item, and tell them I'm using an outside payment system. Of course they'll let me walk out the door. /s Yea, right into a police car on its way to jail. I know all of this is being done because governments want to dictate anything they can while not telling anyone how much in bribes they're getting.

rob53 13 Years · 3312 comments

Apple will, of course, appeal. Rightly so, what this authority does is pure arbitrariness and this absurd decision should be completely overturned by an ordinary court as soon as possible. And then we should take a look at which representatives of the authorities use which dating apps during working hours and whether there were certain financial incentives. Either by the owners of the dating service or by this obscure coalition of freeloaders, parasites and spongers.

Totally agree. Someone is hiding something whether it’s their personal information or whiz paying them off. Stupid thing is Apple doesn’t sell your information but I bet the dating app developer and payment site definitely will. Here comes all the porn email!

pjorlando 10 Years · 30 comments

I love gooooold, the look of it, the tashte of it, the shmell of it.

saarek 16 Years · 1586 comments

rob53 said:
When I go into any store I have one choice for payment--what the store has to offer. I have no ability to use a third-party payment system to pay for my groceries, household items or anything else. How is the Apple App Store any different? I go to this store and use their payment system. How difficult is it to understand? 

As for specifying dating apps, ?????????? Why are they special? Is the Dutch government trying to make sure Apple doesn't know who's actually using their App Store and apps? I guess it's time to go after Costco and other membership stores along with every grocery store forcing them to allow me to walk into their store, pick up an item, and tell them I'm using an outside payment system. Of course they'll let me walk out the door. /s Yea, right into a police car on its way to jail. I know all of this is being done because governments want to dictate anything they can while not telling anyone how much in bribes they're getting.

I suppose the difference is that you could just go to an alternate store to buy your groceries.

But with the iPhone you don’t have that choice.

Yes, you were aware of that before you bought your iPhone. But ultimately it comes down to choice. If you want an iPhone you have to accept that you have no choice, it’s Apple App Store with exorbitant fees or the highway.

Apple makes 35-45% mark up on every phone they sell. The 30% markup on the App Store isn’t really justifiable and we all know it.

Yes, there are benefits to the end user to being locked down to one App Store. But Apple is blowing their chance of keeping iOS apps locked down by their greed. And yes, it is greed. Most companies either make money on the hardware sale or hope to make it up via the software. Apple makes eye watering profits on the hardware and then takes 30% for all software sales. Sadly that’s Tim Cook for you though, he’s obsessed with profits over everything else.