[FSFE PR][FR] Digital Markets Act - the FSFE calls for Device Neutrality

[press at fsfe.org]

 = Digital Markets Act - the FSFE calls for Device Neutrality =

[ Version en ligne: https://fsfe.org/news/2021/news-20211122-01.fr.html ]

On the imminent voting of the Digital Markets Act - the latest EU
proposal on internet platform regulation - the FSFE demands device
neutrality as a fundamental element for safeguarding consumer protection
in open, fair, and contestable digital markets.

While digital devices are a ubiquitous reality in all aspects of life,
control over the hardware and software running on them is increasingly
being limited by internet platforms, digital services providers,
hardware manufacturers, and vendors. The European Commission's Digital
Markets Act (DMA) [1] is a regulatory instrument for targeting large
internet companies that act as gatekeepers in digital markets. Such
gatekeepers may be internet platforms, service providers, manufacturers,
and vendors satisfying criteria defined by law. This regulatory
initiative is an attempt to create fairer and more competitive markets
for online platforms in the EU. On November 22, the European
Parliament's leading IMCO committee will vote on its position.

The FSFE urges the Members of the European Parliament in the upcoming
vote to safeguard device neutrality principles based on Open Standards
[2] and interoperability, securing the interest of consumers for a
contestable, open, and competitive digital market in the EU.

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contribution financière.

 == Devenez un supporter [3]   Free Software and Device Neutrality ==

Device neutrality [4] translates as non-discrimination of services and
apps by providers, manufacturers, and vendors. The objective of device
neutrality is to enable consumers to bypass gatekeepers and enable a
fair and non-discriminatory use of Free Software in the application and
operating system layers of devices. The FSFE demands the inclusion of
the following principles in the DMA legislation:

- *Strict end-user consent for pre-installed apps*. The DMA must impose
  on gatekeepers the obligation to allow their customers to uninstall
  any pre-installed software applications they provide on their services
  or with their hardware. This means more restrictive rules for pre-
  installed apps, providing users the same access privileges for both
  pre-installed and alternative apps, and the possibility to uninstall
  pre-loaded apps;

- *No vendor lock-in*. The DMA should enable side-loading of apps in
  dominant operating systems, so consumers can install any compatible
  software on their devices. The DMA shall require gatekeepers to permit
  third-party app stores and code repositories that compete with their
  own. The law must prohibit gatekeepers limiting the ability of end-
  users to switch between and subscribe to different software
  applications and services. This prevents gatekeepers from locking
  users into specific service providers;

- *Interoperability of services based on* Open Standards [5]. It is
  urgent for the DMA to require gatekeepers to provide free of charge
  access to and interoperability with the same hardware and software
  features accessed or controlled via an operating system. This includes
  communication apps and social media platforms. Interoperability should
  be defined by Open Standards;

- *Real-time data portability*. The DMA should require gatekeepers to
  provide real-time data portability for devices, so that consumers can
  switch from one device to another - including operating systems - as
  smoothly as possible.

 == Next steps ==

After the committee voting on Monday, 22 November, the proposal will
incorporate the approved amendments. Next up is the plenary voting to
achieve the final position of the European Parliament, planned for
December. The FSFE will continue to monitor the whole process closely
and demand device neutrality to the full extent in the legislative text,
so users are empowered to control technology.

"The digital markets will benefit by the regulatory proposal of the DMA.
Device neutrality is fundamental for a fair, competitive, and
contestable market. We demand stricter consent rules for pre-installed
apps, no vendor lock-in, full interoperability, and real-time data
portability. Free Software and Open Standards are key to achieve these
goals", says Lucas Lasota, the FSFE's Deputy Legal Coordinator.  En
discuter [6]

 1: https://ec.europa.eu/info/strategy/priorities-2019-2024/europe-fit-digital-age/digital-markets-act-ensuring-fair-and-open-digital-markets_en
 2: https://fsfe.org/freesoftware/standards/index.fr.html
 3: https://my.fsfe.org/donate?referrer=https://fsfe.org/news/2021/news-20211122-01.html
 4: https://fsfe.org/freesoftware/sustainability/sustainability.fr.html#id-device-neutrality
 5: https://fsfe.org/freesoftware/standards/index.fr.html
 6: https://community.fsfe.org/t/763

  == About the Free Software Foundation Europe ==

  Free Software Foundation Europe is a charity that empowers users to
  control technology. Software is deeply involved in all aspects of our
  lives; and it is important that this technology empowers rather than
  restricts us. Free Software gives everybody the rights to use,
  understand, adapt and share software. These rights help support other
  fundamental freedoms like freedom of speech, press and privacy.

  The FSFE helps individuals and organisations understand how Free
  Software contributes to freedom, transparency and self-determination. We
  enhance users' rights by abolishing barriers to Free Software adoption,
  encourage people to use and develop Free Software, and provide resources
  to enable everyone to further promote Free Software in Europe.

  https://fsfe.org