iCloud DMA Probe
Italy Investigates Apple iCloud Under DMA for Alleged Unfair Access Over Rival Cloud Services
Key Points
Italy said the iCloud probe is the first time its competition authority has used its DMA powers to open a preliminary investigation—marking a new enforcement step at the national level.
The regulator anchored its theory in the DMA’s specific interoperability rule: under Article 6(7), third-party providers must get “free and effective interoperability” with iOS/iPadOS, plus “access under equal conditions” to the same hardware and software features available to iCloud.
In discussing possible Apple defenses, Reuters reported that Apple has previously taken a similar posture on privacy/security: the company delayed Siri AI for iPhones in the EU after the bloc, according to Apple’s Craig Federighi, “refus[ed] to engage constructively on solutions that preserve privacy and security.”
Article coverage also frames the probe as part of a broader pattern: Apple opposed the DMA before it took effect, and regulators’ actions under the law have already driven changes in Europe, including “concessions” such as opening up alternative app storefronts.
Italy's competition authority opened a formal investigation into Apple on June 16, 2026, targeting whether iCloud gets unfair technical advantages over rival cloud storage services on iPhone and iPad. Verdict reported that the probe is the first time the Italian regulator, known as the AGCM, has used its powers under the EU's Digital Markets Act to launch a preliminary investigation at the national level.
The AGCM contends that Apple denies third-party services like Google Drive, Dropbox, and OneDrive the same access to iOS and iPadOS features that iCloud enjoys — particularly the ability to perform full, automatic device backups. If Apple is found in breach, it could face fines of up to 10% of its worldwide annual revenue, which based on Apple's roughly $380 billion in recent yearly sales could reach $38 billion, according to AppleInsider.
The "Backup Gap" at the Heart of the Case
The AGCM's case rests on one core technical claim. iCloud can automatically create a full image of an iPhone — every setting, app, and file — in a single step. Third-party cloud apps cannot. MacObserver reported that Apple limits rival services to basic file-syncing, denying them the API access needed to offer a comparable one-tap, full-system backup.
The legal hook is Article 6(7) of the DMA, which requires gatekeepers to give third-party services "free and effective interoperability" with the same hardware and software features they use for their own products. The AGCM says Apple's setup fails that test. The probe covers Apple Inc., Apple Distribution International Ltd., and Apple Italia S.r.l., AppleInsider noted.
Italy Acts First, But Brussels Will Decide the Penalty
The AGCM is not acting alone. Italy passed Law 214 in December 2023, which lets the regulator conduct preliminary investigations on the European Commission's behalf. The AGCM will compile its findings and hand them to the Commission, which remains the final authority on DMA enforcement and any penalties, according to Verdict.
Analysts say Italy's move could trigger a wave of similar probes across Europe. If the AGCM's approach works, regulators in France and Germany may open their own investigations into other locked Apple features, such as iMessage. The DMA has already pushed Apple into major changes — including opening up alternative app stores across the EU — according to MacObserver.
Apple's Likely Defense: Privacy and Security Come First
Apple has not commented on the June 2026 probe. But its past behavior signals where it will push back. Craig Federighi, Apple's head of software engineering, said the EU "refused to engage constructively on solutions that preserve privacy and security" after the company delayed Siri AI features in Europe, according to AppleInsider. Expect a similar argument here.
The concern has some technical weight. A full device backup contains nearly every piece of a user's data. Granting third-party apps access to create one raises real questions about data harvesting. But regulators counter that Apple has already built a secure backup process for iCloud, and could build secure APIs for rivals if it chose to, as Verdict noted.
A Pattern of Apple Clashing With European Regulators
This probe is the latest in a string of regulatory actions against Apple in Europe. In April 2025, the European Commission fined Apple €500 million for DMA breaches tied to the App Store and music streaming. In December 2025, the AGCM itself hit Apple with a €98.6 million penalty over its App Tracking Transparency rules, according to SimplyWallSt.
Apple holds roughly 40% of the mobile OS market in Europe, giving iCloud a vast built-in audience. The European cloud market hit €61 billion in 2024 and is growing at 24% a year. That scale is exactly why regulators see the interoperability gap as more than a technical dispute — it shapes who wins and loses in a market worth tens of billions of dollars.
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