[FSFE PR][FR] Digital Markets Act - Device Neutrality must be consolidated in the legislation

press at fsfe.org press at fsfe.org
Mon Dec 13 08:06:06 UTC 2021

 = Digital Markets Act - Device Neutrality must be consolidated in the legislation =

[ Version en ligne: https://fsfe.org/news/2021/news-20211213-01.fr.html ]

On December 15, the Digital Markets Act, the EU's comprehensive
regulatory package for internet platforms, will go through plenary
voting at the European Parliament. The FSFE calls for consolidating
Device Neutrality to enable fair and non-discriminatory use of Free
Software in digital devices.

The European Union is about to introduce a major overhaul of Internet
legislation with the Digital Markets Act (DMA) [1]. After successful
committee voting on 22 November, the European Parliament will conduct
plenary voting on 15 December. The FSFE advocates Device Neutrality [2]
as a fundamental step to achieve a contestable, open, and competitive
digital market in the EU and urges the European Parliament to secure
this principle in the final voting.

 == Device Neutrality - fostering Free Sofware in an end-user centric digital market ==

The DMA focuses on "gatekeepers", understood as very large tech
companies that have control over large parts of digital services, such
as search engines, social networking services, messaging services,
operating systems, and online intermediation services. While digital
devices are a ubiquitous reality in all aspects of life, our control
over the hardware and software running on them is increasingly being
limited. Device Neutrality is the policy concept that users should have
the right of non-discrimination of the services and software they use,
based on platform control by hardware vendors, manufacturers, and
service providers. The goal is to enable users to bypass gatekeepers and
enable a fair and non-discriminatory use of Free Software in devices.

La liberté dans la société de l'information a besoin de votre
contribution financière.

Devenez un supporter [3]   After many iterations and amendments, the
DMA's final text submitted to the plenary voting incorporates the
following Device Neutrality principles, which the FSFE urges the
European Parliament to consolidate in the plenary voting:

- *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 should 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 will prevent gatekeepers from locking
  users into specific service providers.

- *Interoperability of services based on* Open Standards [4]. It is
  urgent for the DMA to require gatekeepers to provide access and
  interoperability to hardware and software features accessed or
  controlled via the gatekeeper's operating system. That means that the
  operating system's functionalities and available APIs should be
  transparent and available to apps in a non-discriminatory way.
  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.

En discuter [5]

 1: https://www.europarl.europa.eu/doceo/document/OJQ-9-2021-12-15_EN.html
 2: https://fsfe.org/news/2021/news-20211122-01.fr.html
 3: https://my.fsfe.org/donate?referrer=https://fsfe.org/news/2021/news-20211213-01.html
 4: https://fsfe.org/freesoftware/standards/index.fr.html
 5: https://community.fsfe.org/t/780

  == 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.


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