Google is just as much a “gatekeeper” on the market with Android as Apple is with iOS – both players in the smartphone duopoly have the user numbers and company values to fall under that classification. In the case of a current main topic, this means that Google will also have to open its doors in the EU: in the future, competing AI services will have to be granted access to central Android functions that were previously reserved primarily for its own offerings such as Gemini. These include, among other things, activation via voice command, access to device context, actions in apps, background execution and the use of certain on-device AI models. More competition through more choice
The legal principle is that AI assistants must not have an advantage just because the system provider grants its own products exclusive system rights – or seals off important interfaces. Third-party providers such as ChatGPT or Perplexity should be given comparable options on Android to carry out tasks in the background and access content at the user’s request. But the situation looks easier for Google than for Apple, because Gemini has long been deeply integrated. Therefore, you still have a year to implement the required changes, and for aspects such as wake-word recognition even until 2028.
The delayed market launch of Siri AI is taking its toll
Apple’s starting point, however, is different. They entered the market as a late starter and therefore did not want to risk starting with a solution that would no longer be legally secure from the start. According to the EU Commission, Apple’s proposed solution was simply not to have to follow those rules for a year and a half – longer than anyone else. They didn’t want to get involved in that, which is why Siri AI isn’t appearing in the EU for the time being.
Google: It’s all about privacy and security!
Incidentally, Google’s argument as to why you only want to grant your own product the necessary functions reads exactly like Apple’s. The aim was in no way to gain a commercial advantage, but simply to ensure data protection and security by not allowing third-party providers to access user data. However, Google in particular has not yet made a particularly well-known name for itself as a data protection advocate – and Gemini’s terms of use are quite broad with regard to access to user data.
User consent required – protective measures permitted or even required
The Commission sees Apple and Google’s arguments differently and refers to active user consent, technical protective measures and general (app review) and special suitability tests for particularly sensitive interfaces. Contrary to what is often incorrectly portrayed, the EU does not require that every AI provider can read anything as they wish – instead, it is about allowing alternatives to be treated equally at the explicit request of the user. For particularly sensitive functions (screen automation, app interaction, access to app data), suitability criteria defined by the manufacturer are also possible. GDPR and other security rules apply unchanged.
