Apple fined €5M for fifth time for failing to comply with Dutch dating app order

The Dutch Consumers and Markets Authority (ACM) fined Apple 5 million euros on Monday, the fifth such penalty in successive weeks in a row for failing to comply with an order requiring it to let Dutch dating app providers use third-party payment systems in their apps.

The total of all penalty payments currently stands at 25 million euros out of a potential maximum amount of 50 million euros. 

“We have clearly explained to Apple how they can comply with ACM’s requirements. So far, however, they have refused to put forward any serious proposals. We find Apple’s attitude regrettable, especially so since ACM’s requirements were upheld in court on December 24. Apple’s so-called ‘solutions’ continue to create too many barriers for dating-app providers that wish to use their own payment systems.” the ACM said in a statement. 

After the ACM issued a ruling in December 2021 requiring Apple to allow dating apps to use third-party payment systems, Apple said it would comply and introduced two optional entitlements for dating app providers in the Netherlands. However, the company said dating app providers using these entitlements must submit a separate app binary for iOS and iPadOS. 

The ACM said last week that Apple’s these terms are “unreasonable”. 

“The new conditions stipulate that dating-app providers must develop a completely new app if they wish to use an alternative payment system. Apple has informed ACM about these new conditions. App providers cannot adjust their existing apps. ACM finds this to be an unreasonable condition that is at odds with the requirements that Apple had set out. ACM is of the opinion that, as such, Apple still does not comply with ACM’s requirements. Apple must therefore pay another 5 million euros,” the ACM said.