Thread by @wavesblog

Starting soon! #DMA #participatoryimplementation #tweetingwave

https://twitter.com/vrobcomplaw/status/1630872337640824833

Live streaming webcast.ec.europa.eu/dma-stakeholde…

[Recordings of the previous TWs are also available, ICYMT competition-policy.ec.europa.eu/dma/dma-worksh…]

App Stores in the #DMA : much to say! @VRobCompLaw

Art 5(4) DMA an "anti-anti-steering provision"

Art 5(5) corollary to Art 5(4) - focusing on end users
@VRobCompLaw (Kindle on my mind...)

Art 5(7) inter alia promoting innovation in ancillary (as Vicky calls them) services...

Compliance report key, of course - last week we discussed *a lot* the reference offer instead

Vanessa @beuc : streaming, price matters a lot to consumers, a survey showed - lack of transparency is one of the issues - (BTW, anti-circumvention as the Star Provision so far)

Meta, Giphy and Google are members of the
@DevsAllianceEU as well as many others developersalliance.org/community-dire… - nice discussions ahead

"Not funded by Apple and Google" -among the corporate partners I found Microsoft and Google (?)
@FRdigitale francedigitale.org/en/partners

When is the "end user acquired"?

Provisions considered in isolation, concrete risk of abuse being shifted somewhere else @Spotify

[Can't help thinking about "The Playlist" - am I the only one?]

Throwing sand into the gears of interoperability - yep, real risk...

FRAND + anticircumvention [a bit like reference offer + anticircumvention with regard to Article 7 - we proposed an internal dispute resolution mechanism last week as part of the "blessed" reference offer]

Great seeing representatives of competitive app stores in the audience - and immediately discussing interoperability!

[Yes, Vanessa: Student just wrote a thesis on deceptive/dark patterns - and it's really scary!]

App developer: "we all agree that the past is the past". In the future, how can we make ensure that smaller developers can profit from a trusted environment?

Huge incentives for gatekeepers still to provide app stores under the DMA - oh yeah, and Hayek would agree (wrote about it in WuW research.owlit.de/document/5ef7f…)

App developers' incentives to provide privacy and security 🤔- choice to continue with the app store but you'd have the *choice* as an app developer #DMAisaboutchoice printed on my new T-shirt

Alternative OSs! Yes, let's talk about future frictions - but also learning from the past

Compliance reports should be live documents if you ask me...

Yes, juicy technical questions -luckily, last weeks we had other panels taking care of those 😊

Keynote from a NCA @AutoriteitCM - yes, involve them #participatoryimplementation forward looking

"The gatekeepers are going to be regulated companies" - banking provides good lessons, indeed!

"Effective compliance" is not only legal compliance - continuous process 👏

"Details matter" - avoiding friction is key here. Consult specialists, consumer groups, behavioural psychologists

Cooperation among digital regulators - Inspired by the UK, inspired by Giovanni Buttarelli - why is it still taking so long, the naive mind is asking?

I asked Martijn @AutoriteitCM online what the most effective things are that the NCAs could concretely do to make the DMA work as the legislator intended - no time/no choice. Idea 🤔... seconding staff with more regulatory experience, for instance?

"Outside the app": web based apps, sideloading and alternative app stores @kraemer_

Art 6(4) - Art 5(7) - Art 6(3) - Art 6(7) - provisions not to be implemented in isolation #obligationsarenotislands

"Unprecedented change in the regulatory framework" @Apple

"Necessary steps": discuss.

"New world of alternative distribution* @Apple - in the service of European citizens, ultimately benefitting them [Non-EU consumers wondering why they are excluded from these benefits, at some point 🤔?]

Third-party stores: what do they need? Fair competition based on trust [apply EU rules already there; essential, useful security prompts; no extra fees], etc.]

Loose coalition of independent software engineers @OpenWebAdvocacy open-web-advocacy.org/contributors/

"Web apps need to be just apps"

No gatekeeper should be entitled to decide what security, privacy, etc. look like.

Source code for effective review - with no dual/triple role (making a cut; own apps) - [Q.: how on earth are we still be discussing whether mobile ecosystems are totally flawed or not? The legislator has decided they are, we have rules that should be implemented - full stop]

[Lively discussion on Mastodon as well]

We are at the beginning of this process, months and years to come, says @Apple - well, the EU legislator has set the pace, for gatekeepers to comply

Coming up, hopefully, a more "all hands on deck" panel discussion on how to properly implement those provisions - in Rupprecht @ruppe_p we trust.

What are the conditions of access as of Article 6(12)? ✅
What is FRAND? The DMA might help✅

COM Assessment

Separating fees, creating transparency, based on hard data, etc., so difficult? We'll see...

The importance of data, reminds @SchibstedGroup - access to data - compliant with the GDPR.

The App Association, @actmembers - also sponsored by Apple? actonline.org/about/

The importance of engineers talking to engineers - agreed, @Google

Where does the value sit, both for app developers and the app marketplace providers?

One q in sli.do "Should analysis of "value" include the value that GKs derive from the presence of apps in their stores? inc value of data collected and how it is used by GKs?" and, I would add, also in terms of profiting from "innovation disclosure"?

Well, associations should disclose whether they get financing from potential gatekeepers. I did disclose that I wrote a study for a MEP.

My Q: "How would Prof. Podszum envisage that the EC could involve third parties when assessing FRAND conditions ("as part of safety net, as he pointed out")?

Thank you for the answer, Rupprecht - agreed, many tables! @ruppe_p

Random tweeting summary also here competitionwave.blogspot.com/2023/03/third-…
Until May 2nd: No more TWs 🙂?