Commission sends request for information to Apple and Google under the Digital Services Act

On 14 December, the European Commission formally sent requests for information under the Digital Services Act (DSA) to Apple and Google. The Commission is requesting the providers of these services to provide more information on how they have diligently identified any systemic risks concerning the App Store and Google Play. In order to ensure more safety for users, the Commission also seeks more information from the App Store and Google Play on their compliance with the rules applicable to online marketplaces and to transparency related to recommender systems and online advertisements.

The requested information regarding the App Store and Google Play must be provided to the Commission by 15 January 2024. Based on the assessment of the replies, the Commission will assess next steps. This could entail the formal opening of proceedings pursuant to Article 66 of the DSA.

Pursuant to Article 74(2) of the DSA, the Commission can impose fines for incorrect, incomplete, or misleading information in response to a request for information. In case of failure to reply by Apple and Google, the Commission may decide to request the information by decision. In this case, failure to reply by the deadline could lead to the imposition of periodic penalty payments.

Following their designation as Very Large Online Platforms, Google's ‘Google Play' and Apple's ‘App Store' are required to comply with the DSA, including the diligent assessment and mitigation of any systemic risks relevant to their services, in particular those related to the dissemination of illegal and harmful content, any negative effects on the exercise of fundamental rights, as well as any negative effect on public security, public health, and minors.

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