A new European regulation will force Apple and Google to be fairer to application developers

The new EU regulation aims to promote a more transparent relationship between developers and the Google Play Store / Apple App Store.

Η Google and Apple, they are known to maintain strict and meticulous controls over what is posted in their respective app stores. However, from time to time, companies have been found guilty of removing apps / games from their platforms, without giving developers a clear reason for removal of applications.

So now a new EU regulation aims to tackle this issue, and promote a more transparent relationship between developers and the Google Play Store / Apple App Store.

This Regulation was signed in the European Union on 20 June 2019, but in accordance with Article 19, entered into force on 12 July 2020, and as a report from the  gamesindustry.biz, this new regulation gives new rights to European developers and publishers of applications / games on distribution platforms, such as Google Play Store and Apple App Store . 

The new regulation calls for a fairer process for removing apps / games from online stores, and imposes new transparent procedures for the criteria for ranking apps / games on these platforms, and also requires disclosure of any different treatment for developers and publishers with big names. The main goal of the new legislation is to implement some best practices, so that all developers have more understandable and predictable terms of contracts with Google and Apple.

A fairer process of removing applications / games

Under the new regulation, platforms such as the Google Play Store and the Apple App Store will no longer be able to remove apps / games for arbitrary reasons. Platforms should submit a statement indicating why an application is being removed 30 days in advance, giving developers the opportunity to object or make any necessary changes to avoid removal. However, the regulation will not require app stores to provide 30 days notice of malware, copyright infringement or illegal applications.

Transparent ranking

The new EU regulation also calls for a more transparent ranking system for online stores, however, the Commission has not clarified how it intends to do so. The Commission is expected to publish more detailed guidelines on the transparency of ranking algorithms in the near future, and we expect the guidelines to reduce the need for application store optimization services, thus creating a level playing field for independent developers and publishers.

Transparency in preferential treatment

There have been many rumors in the past accusing platforms of providing privileged treatment to major developers and publishers. Should there be any truth to these rumors, the platforms should now disclose any such preferential treatment under the new regulation.

Improved transparency of data access rights

The new EU regulation requires platforms to be more transparent about the personal and non-personal data they collect from applications / games. They should also disclose which data they provide access to and which data they do not provide access to, which is expected to help assess the risk of data breach associated with the use of such platforms.

Simplified contract terms

The terms and conditions of the contract that apply today from online stores are difficult to understand, even for lawyers. In addition, the platforms have the ability to change the terms and conditions without prior notice. With the new EU regulation, platforms should draft their terms and conditions in plain and understandable language, making it easier for developers and publishers to understand. In addition, if the platform decides to make changes to the terms of the contract, it must notify the developers 15 days in advance to give them the opportunity to adapt their applications / games to the new terms.

It is worth noting that these new regulations only apply to platforms that facilitate direct transactions between developers and publishers, such as the Google Play Store and the Apple App Store. The new regulations will not apply to console manufacturers' online stores as they enter into direct transactions with players and are not recognized as "online brokerage services".

Similarly, these new regulations will no longer apply to services such as Apple Arcade, where the contract between the developer and the service provider is clearly negotiable.

Source