Apple opens iOS to third-party app stores in Brazil, setting a precedent for Europe

  • iOS opens up in Brazil to third-party app stores and external payment systems after an agreement with the regulator CADE.
  • New differentiated commission framework for in-app purchases, external links and alternative stores, with a 5% technology fee.
  • Apple will have to display neutral and objective messages when the user chooses alternative payments or stores, under the supervision of CADE.
  • The Brazilian case adds to the opening in the European Union and Japan and may influence future regulatory debates in Spain and the rest of Europe.

Apple opens iOS to third-party app stores in Brazil

The traditionally closed iPhone ecosystem is beginning to loosen up in Latin America. In Brazil, Apple has accepted Open iOS to third-party app stores already alternative payment systems, a significant change that modifies how software is distributed and charged within iPhones and iPads in the country.

This decision, the result of an agreement with the Brazilian competition authorities, It will not only transform the experience of local users and developersRather, it has become a case closely watched by regulators in the European Union and the rest of Europe, who have already promoted similar openings and are looking for concrete references on how they are implemented in practice.

A three-year battle with MercadoLibre and the Brazilian regulator

The conflict that led to this opening began in 2022, when MercadoLibre, one of the largest e-commerce groups in Latin AmericaThe company decided to take Apple to the Conselho Administrativo de Defesa Econômica (CADE). The company alleged that the App Store rules excessively restricted the sale of digital goods and services and hindered the use of payment gateways other than Apple's own system.

Following that complaint, a lengthy procedure, with provisional rulings, appeals and precautionary measuresThis is in a dynamic very similar to that experienced in the United States or the European Union. In 2024, CADE even issued preventative measures against Apple, considering that its App Store model could be limiting competition within the iOS ecosystem.

A year later, the Brazilian regulator went a step further and approved a provisional agreement that required allowing alternative ways to distribute applications now enable links to external payment systems. That text was accompanied by a period of technical adaptation that marked the beginning of a gradual opening of the platform.

However, just as those adjustments were about to take effect, Apple and CADE opted to sit down again to negotiate.Both parties preferred to pause the immediate implementation of the measures and seek a broader and more stable agreement that would avoid a prolonged legal battle with uncertain consequences for businesses and consumers.

Throughout the entire process, MercadoLibre maintained that the App Store rules They raised costs and stifled innovationby limiting how developers could charge and what options they had to reach their customers. Although he now acknowledges that the agreement represents progress, he also insists that the outcome does not fully meet his demands for a more level playing field.

The TCC: alternative stores and third-party payments under CADE's supervision

The definitive solution has come through a Termination Commitment Term (TCC)The Brazilian legal mechanism that allows a competition investigation to be closed in exchange for the investigated company assuming clear and verifiable obligations. The CADE board has approved this TCC, which establishes how iOS must be opened in Brazil.

The central element of the commitment is that Apple will have to enable alternative channels to distribute iOS apps within the countryIn practice, developers will be able to create their own stores or integrate into new app marketplaces that work on iPhone and iPad, coexisting with the traditional App Store and following a logic similar to that which Apple has already been forced to adopt in the European Union with the regulation of digital markets.

Along with the opening up of distribution, the TCC requires that The applications can integrate third-party payment methods. In addition to Apple's integrated purchasing system, developers will have the ability to incorporate links that take users to external websites to complete transactions, a practice that until now was very limited and could result in penalties within the App Store ecosystem.

One particularly sensitive point for regulators is the handling of user information. The agreement states that The notices, messages, and screens that Apple displays when using external stores or payments must be neutral and objective.In other words, the company will not be able to design usage flows that, in effect, discourage or complicate the choice of options other than its own system.

Regarding the timings, CADE has indicated that Apple has 105 days to implement the necessary technical changes to iOS and its associated services. from the date the TCC becomes fully enforceable for developers. From then on, the commitment will have an initial term of three years, during which the regulator will monitor compliance and may reactivate the investigation if it detects significant irregularities.

New commission structure for the App Store and third-party stores

The agreement doesn't stop at the technological aspect. redesigns the commission structure that Apple will apply in Brazil depending on the method by which the applications are distributed and monetized, taking as a reference schemes used or negotiated in the European Union, Japan or the United States, but adapted to the local regulatory framework.

For in-app purchases that continue to be made entirely through the App StoreA tiered system is maintained: a standard commission of 25% and a reduced rate of 10% for certain programs or developers that meet specific requirements, such as belonging to initiatives for small businesses or specific projects.

As a new feature, the TCC also includes a 5% fee in certain cases where the developer uses Apple's payment system Under conditions set in the agreement. This option is presented as an intermediate solution for those who wish to rely on the company's infrastructure, but with a lower commission than the traditional one.

In the case of applications downloaded from the App Store but They refer the user to an external environment to complete the paymentThe text distinguishes two scenarios. If the app simply displays informational text, without buttons or clickable links that lead directly to the provider's site, that mention does not generate additional commissions for Apple.

Conversely, when the application incorporates an active button or link that leads directly to the external payment pageApple will be able to apply a 15% commission on associated transactions. This detail is key for services that want to clearly integrate their own payment methods within the app interface, without depending on the company's in-app system.

Furthermore, the agreement defines the economic framework for the alternative app stores that operate on iOS within BrazilThese platforms will be subject to a so-called Core Technology Commission of 5%, with which Apple seeks to be remunerated for the use of its operating system, its APIs and development tools, even when downloads occur outside of the classic App Store.

Security risks, sanctions and international context

In its public communications, Apple has made it clear that it accepts this new scenario. as a direct consequence of the demands of the Brazilian regulator and not as a voluntary initiative. The company insists that the entry of third-party stores and external payment methods adds privacy and security risks which, in their opinion, were smaller in a fully controlled ecosystem.

To try to contain these risks, the following measures have been planned: certain safeguards to maintain a reasonable level of protectionwith particular attention to young users and more vulnerable profiles. However, Apple itself acknowledges that these measures will not completely eliminate the threats associated with installing software outside the App Store or using third-party payment gateways, a message it has also reiterated in Europe and Japan.

The TCC also incorporates a relevant sanctions regime in case of non-complianceIf Apple does not fully implement the commitments made, CADE may impose fines of up to 150 million Brazilian reais, an amount close to 27 million dollars at the current exchange rate, in addition to the possibility of resuming the original investigation and adopting new corrective measures.

As part of the agreement, the Cupertino company has also committed to to withdraw a lawsuit challenging the precautionary measures dictated by CADE in 2024. With this move, one of the most tense fronts of the conflict is closed and the administrative route is reinforced in the face of the clash in the courts.

The case of Brazil adds to the regulatory pressure that Apple faces in other top-tier jurisdictionsIn the European Union, digital market regulations have already mandated the acceptance of so-called "alternative distribution of applications" within the community. Meanwhile, Apple has implemented its own competition law for mobile software, which forces iOS to open up to third-party app stores and external payments, with notarization and certification systems designed to reduce the risks of malware and fraud.

Impact on developers, users, and debates in Europe

For the Brazilian developer ecosystem, this regulatory shift represents the possibility of to test distribution and monetization models that were previously difficult or simply unfeasible Under the exclusive control of the App Store. Large platforms, content services, and small studios will be able to assess whether it's worthwhile to create their own store, integrate into alternative marketplaces, or continue using the traditional route with the new commission rules.

On the end-user side, the changes will result in more choice when installing apps and paying for digital servicesIt is expected that many will continue to use only the App Store and Apple's payment system out of habit or a perception of security, while others will be encouraged to explore new stores and external payment methods in search of more competitive prices, different promotions, or more flexible subscriptions.

Initial assessments suggest that, once the adaptation is complete, Brazilian users will be able to access stores like AltStore or other similar offeringsFollowing patterns already seen in Europe, according to information released by local tech media, the changes should coincide with an iOS update planned for the first half of the year, which would accelerate the practical arrival of these new features.

From a European perspective, what happens in Brazil is viewed almost as an additional laboratory to measure the actual scope of Apple's openings, including countries like ItalyAlthough the European Union has already imposed significant flexibility regarding app distribution and payment systems, details on commissions, neutrality of messages to the user, and the viability of alternative stores will closely follow precedents such as the Brazilian one.

European regulators, who have been analyzing the role of large platforms in sectors such as mobile applications, e-commerce, and digital content for years, They will take note of factors such as the usability of external payment gatewaysThe ease of installing third-party marketplaces and the balance between commissions and services offered by Apple are all factors that could influence future regulatory reviews or new investigations affecting Spain and the rest of the continent.

With this move, Brazil joins the small group of territories that They have managed to force a concrete opening of the iOS ecosystemalong with the European Union and Japan. Although the Brazilian TCC applies only to devices configured for that country, its effects are felt beyond its borders by offering an additional model of how a system as controlled as iOS can be modulated without completely dismantling it, but forcing Apple to coexist with more competition and more options for the user.

As the new rules are implemented and the first alternative stores appear, it will become clear whether this opening translates into a real effectMore innovation, better prices and greater diversity of services, or whether Apple's position remains strong enough to set the pace of the ecosystem even in a more demanding regulatory context in Brazil, Europe and other markets that are considering following the same path.

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