iOS Question Apple Trader Status

[Andrew (Digitwell)]

I manage the developer accounts for some of my customers.
Yesterday I received this email from Apple:

Hello,

We’re reaching out to let you know that you can now enter your trader status in App Store Connect to align with the Digital Services Act (DSA) in the European Union (EU).

Submission requirements
You’ll need to let us know whether or not you’re a trader to submit new apps to the App Store. If you’re a trader, you may be asked for documentation that verifies your trader contact information.

About the Digital Services Act
The DSA requires Apple to verify and display contact information for all traders distributing apps on the App Store in the EU. This includes an address, phone number, and email address that you provide for the purpose of posting on your App Store product page.

Learn more about this requirement and how to enter your trader status.


If you have any questions, please contact us.

The Apple Developer Relations Team

When you follow the link, it provides what I found to be a quite ambiguous definition of a trader.

In this case, even though the customer is a company, they only provide free apps so I said they they weren't a trader, because if you reply Yes, you have to provide Bank account details which seems pointless to me as they only provide free apps.

The strange thing is that other customer who do charge for their app, did not get this email.

Has anyone else had this email?

 

[Filippo]

The strange thing is that other customer who do charge for their app, did not get this email.

I also received this email and I offer my apps with in-app billing.

However, I have not yet responded to this email because I don't know what to do.

 

[Filippo]

So I agree with the address and e-mail address, but definitely not with the phone number.

Apple won't give me your phone number either!

 

[hatzisn]

I asked Chat GPT about it. I have not checked this out if it is generative "fantasy" but I will check it tomorrow.

(As a European I do not know how to feel because as a user I support it but as a programmer I totally detest it because this means I may have to go through tones of law stuff like "Cyber Resilliance act" and this "Digital services act" and I do not know if there are any advocats with speciality in software here in Greece.)


Here is Chat GPT response.

Question:
Digital services act. What are the key features of this law and what am I supposed to do?



Answer:

Key Features of the Digital Services Act​

1. Regulation of Digital Services: The Digital Services Act (DSA) aims to regulate digital services, including online marketplaces, to ensure they act responsibly [2].
2. Safe Online Environment: The DSA focuses on creating a safer online space for EU consumers by imposing obligations on online platforms to prevent illegal content, including hate speech and counterfeit products [5].
3. Level Playing Field for Businesses: It aims to establish a level playing field for businesses by ensuring fair competition among digital service providers [4].
4. Intermediaries' Obligations: The DSA places obligations on intermediaries, which connect consumers to goods, services, and content, to uphold certain standards [6].
5. Harmonized Rules in the EU: As part of the EU's Digital Service Package, the DSA seeks to apply harmonized rules across the EU to regulate the digital space [3].

Actions to Take​

1. Compliance Assessment: Evaluate your digital services to ensure compliance with the obligations outlined in the DSA.
2. Implementation of Safety Measures: Implement measures to prevent the dissemination of illegal content, such as hate speech and counterfeit products, on your online platforms.
3. Review Business Practices: Review your business practices to ensure fair competition and adherence to the regulations set forth by the DSA.
4. Stay Informed: Stay updated on any developments or amendments to the DSA to ensure ongoing compliance with regulatory requirements.
5. Seek Legal Guidance if Necessary: If you're unsure about how the DSA applies to your specific situation, consider seeking legal advice to ensure full compliance.

Sources​

1. The EU's Digital Services Act - European Commission
2. Questions and answers on the Digital Services Act*
3. Lexology - The Digital Service Act: Overview and Key Obligations
4. The EU's Digital Services Act is now in effect: here's what ... - The Verge
5. EU Digital Services Act (DSA): everything you... - Didomi Blog
6. Digital Services Act - Norton Rose Fulbright

 

[copanut]

I manage the developer accounts for some of my customers.
Yesterday I received this email from Apple:



When you follow the link, it provides what I found to be a quite ambiguous definition of a trader.

In this case, even though the customer is a company, they only provide free apps so I said they they weren't a trader, because if you reply Yes, you have to provide Bank account details which seems pointless to me as they only provide free apps.

The strange thing is that other customer who do charge for their app, did not get this email.

Has anyone else had this email?

Yes, I got it. As I understand it, failure to comply means Apple may be compelled to remove my listings from its EU store. EU accounts for 70% of my users but only 30% of my revenue (cheap cheese-eating b*stards, LOL), but that's still a big chunk.

Yet, there is no compelling reason why someone in Europe would want or need my home address, that could justify exposing it to scrapers, nor do I have desire to expose my phone to spammers and crooks. Someone should tell bureaucrats that protecting citizens is important, but app developers are also citizens deserving of protection, so this is an ineffective tradeoff.

The solution is to use a virtual address service (there are several for about $10/mo) that receives physical mail (of which there will be none) and scans any envelope for my review. And, a virtual phone service (Google Phone for free) that will have a message stating "For support, send email to xxx". The end result will be that the customer will have no more access to my personal info, or to me, than they did before DSA, making the legislation impotent, although does serve to waste my time and money effectively. Oh well.

I guess the only real societal benefit is that authorities would be able to trace to my physical address if I am commiting crimes, but they could just get that from Apple anyway without adding a middleman.

 

[RichardN]

The intent of the DSA is to prevent people doing business and taking people's money anonymously. I recently had some building work done by a self-employed tradesman. When I asked what his trading address was he was evasive and declined to tell me. So I told him I needed a copy of his corporate liability insurance, again he was evasive but when he discovered that a lucrative job was about to slip through his fingers he produced his certificate and sure enough I discovered he was a sole trader working from home. There is nothing wrong with that, however, an email address or a mobile number are insufficient details to track someone down if you need to file legal papers upon them. Just look at how Facebook has become an anonymous haven for scammers and suppliers of fake goods.

With the movement of most aspects of commerce online the concept of customer service has almost disappeared completely. Every operation involved with purchasing something online is now devised to keep the customer as remote as possible from the supplier. Most suppliers do not publish a street address on their website, the supplier chooses which emails they will respond to, and calling on the phone may have you waiting an hour or more to speak to..... a moron. Talking to customers is no longer regarded as a core activity of business, unless it is to make another sale. There is a growing attitude that all business can be done this way and the DSA has been brought in to combat trading anonymously.

Unfortunately for us, what the DSA requires, or even what your legal representative may advise, is completely irrelevent. At the end of the day it is Apple's interpretation of the DSA that will dictate what hoops you have to jump through in order to sell via the iStore. As far as I can see.... If you profit from the supply of apps via iTunes in any way, either by direct sale, by in-app purchases, by subscription or indirectly by furnishing ads from a third party, then you are a trader.

All my apps are a one-time purchase. My revenue from iOS apps now outstrips revenue from Android by a factor of 3 so sadly this is not something I am able to ignore.

Edited to add: Evidently the email and phone number you supply are required to be verified by two-factor auth.

 

[Filippo]

My income from Apple and Google has been about the same for years.
Now I've registered with Apple as a non-retailer, and Apple has accepted this without complaint.
Maybe Apple will send me something after a further review, but until then I'll leave it as it is.

 

[RichardN]

@Filippo

I thought about doing that. There is always the possibility that Apple will take the view that a trader selling apps on iTunes may have misrepresented himself as a non-trader? If there is a possibility that Apple may be fined in the EU courts then their easiest course of action is to simply terminate their agreement with that developer. Sadly we have seen that from Apple before.

 

[Filippo]

@Filippo

I thought about doing that. There is always the possibility that Apple will take the view that a trader selling apps on iTunes may have misrepresented himself as a non-trader? If there is a possibility that Apple may be fined in the EU courts then their easiest course of action is to simply terminate their agreement with that developer. Sadly we have seen that from Apple before.

Well, let's wait and see what happens.

 

[Andrew (Digitwell)]

@Filippo

I thought about doing that. There is always the possibility that Apple will take the view that a trader selling apps on iTunes may have misrepresented himself as a non-trader? If there is a possibility that Apple may be fined in the EU courts then their easiest course of action is to simply terminate their agreement with that developer. Sadly we have seen that from Apple before.

My company is definitely a trader.
However, this is a different account which is providing an information app which does not require or involve any purchases. It is however a company, so I could see a possibility that Apple will consider them a trader even through they are not actually trading via the store.

It looks like you can also change your mind about the status.

 

[copanut]

Evidently the email and phone number you supply are required to be verified by two-factor auth.

This is correct. Apple will text a code to the supplied phone number, and email a different code to the supplied email address. Both codes must be entered for validation.

As for the physical mailing address, they ask for documented proof that the address is valid and is associated with your name. As I am in the US, I provided a scan of the US Postal Service form 1583 that is used by the virtual mailbox service and is notarized. Apple accepted it without a problem.