Apple is supposed to allow Sideloading in Brazil: Court sets 90 days

A long-term argument takes on a new journey: Apple has received a 90-day period in Brazil to allow sideloading for iPhones. This means the download of an app directly from the website or your own app store of the developer instead of from Apple's official app store. The measure is followed by a longer discussion between the Brazilian Federal Court and the Tech Group. But Apple wants to defend itself against it.

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The court's judgment was made on Wednesday. Third-party providers should also be able to offer their apps outside of Apple's app store, for example in their own app stores or on their website. So far, the Tech Group does not allow this in most countries. Developers can only sell their apps on Apple's platform and pay for a fee. Among other things, it amounts to around 30 percent of a subscription contribution or a one-time purchase price for paid apps. Apple grants discounts for smaller developers.

Alternative app stores in the EU allowed

In the EU, Apple had to partially move away from this in the course of the Digital Market Act (DMA). Alternative marketplaces on iPhones have been available in the EU since iOS 17.4. But here, too, Apple is open to fees, anchored in its alternative terms and conditions, which the developers have to agree to to use an alternative marketplace. However, the model is much more complex here and depends, among other things, based on the installation numbers. The EU is currently asking affected developers about the effects.

A similar model as in the EU – presumably without the fees contributed by Apple – is now also floating up to the Brazilian Federal Supreme Court. Its justification: Apple's strict rules would endanger the entry into the market. Already in November Apple received an ultimatum from the Brazilian state: the Conselho Administrative de Defesa Econômica (Cade), the national competitor in the South American country, Apple threatened with fines of 41,000 euros per day, should the group leave its app store in the country as it is. The application came from the e-commerce giant Mercadolibre, who wanted to use his own payment methods in Apple's software shop.

Apple initially fends off with success

However, Apple initiated legal steps, initially with success: a court ruling confirmed that the fines were an unnecessary measure. Apple had rely on the fact that the changes required by Cade were not urgent and that they had negative effects on business.

Around a quarter of a year later, the Brazilian Judicative now reports again at Apple with a 90-day period. In its reasoning, the court refers to other countries, where the changes required are already implemented and no significant effects or damage to Apple's business model can be observed.

An Apple spokesman told the Zeitung Valor Econômico on the subject that the company “believes in lively and competitive markets” and that “in all segments and jurisdiction” in which it is active, the competition is subject to the affiliated Apple in its commitment to its users. The company is of the opinion that the changes “The privacy and the security” of iOS users and announces that it will make an appeal against the decision.