Italy Targets Apple in Landmark DMA Probe Over iCloud Backup Monopoly

Why This Probe Matters

The investigation is significant on three fronts: legal, technical, and political.

1. Testing the DMA’s National Enforcement Model

The DMA grants primary enforcement authority to the European Commission, but Article 38(7) allows NCAs to launch their own investigations into possible non-compliance . The AGCM’s decision to act—following a complaint received through whistleblower channels—tests whether this distributed enforcement model can work in practice .

If the AGCM’s findings are upheld or influence the Commission’s final decision, it would signal to other national regulators in France, Germany, Spain, and the Netherlands that they too can aggressively pursue gatekeepers without waiting for Brussels. A finding against Apple could lead to fines of up to 10% of its global annual turnover, one of the DMA's most potent deterrents .

2. Zeroing In on Core Platform Access

The technical allegations are unusually concrete. Current versions of iOS and iPadOS do not allow rival cloud services to access the low-level hardware and software interfaces needed to perform a full device backup—the kind that restores apps, settings, and system data . Only iCloud can do so.

The AGCM stated this appears to deny competitors "equal access to the same hardware and software features as those available to Apple's iCloud" . If Apple is found in breach, it could be forced to open those deep integration points, something the company has resisted for years on security and privacy grounds .

3. Cloud Interoperability as a New DMA Battlefield

Previous DMA enforcement against Apple has focused on areas like third-party app stores, default browser choice, and NFC payment access . This case shifts scrutiny to vertical interoperability—how deeply competing services can integrate into the operating system itself.

A ruling against Apple would establish that cloud storage and backup features are essential interoperable services, not optional conveniences. For users, a positive outcome could eventually mean true, OS-level backup choice on iOS and iPadOS, similar to what exists on Android or desktop platforms.

Apple’s Likely Defense

Apple is expected to argue that restricting full-system backup access is necessary to protect user privacy and device security . The company has made similar arguments in other DMA compliance disputes, framing deep system access for third parties as a vector for abuse or data exposure.

The AGCM investigation will test whether that justification satisfies the DMA’s interoperability standard. The law does not give gatekeepers unlimited discretion to cite security as a blanket shield if the Commission or NCAs determine that technically equivalent, secure access can be provided.

Potential Outcomes

The investigation’s findings will be shared with the European Commission to support its role as the sole DMA enforcer . Several scenarios are possible:

• Full compliance order: Apple is instructed to provide documented, stable APIs that let third-party cloud providers perform complete iOS and iPadOS backups under equal conditions.
• Fines and structural remedies: Beyond fines of up to 10% of global turnover, the AGCM or Commission could mandate specific technical changes to iOS and iPadOS.
• Settlement or voluntary changes: Apple could preemptively open the relevant interfaces before formal findings, as it did with several NFC and browser-choice compliance adjustments.

Broader Implications

For the cloud storage market, a pro-competition outcome could lower barriers for services competing with iCloud on Apple’s platforms. For DMA enforcement, it would represent a watershed moment: the first proof that national regulators can independently accelerate compliance pressure on Big Tech gatekeepers, potentially creating a multi-front enforcement landscape.

However, this also carries a fragmentation risk. If multiple NCAs pursue separate DMA investigations with differing interpretations, gatekeepers could face conflicting obligations across EU member states . The Italian probe will be closely watched as a test case for how that tension is managed.