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This EU law will create a slew of new SaaS opportunities

On November 1st, EU's Digital Markets Act officially entered into force.

This act went through multiple phases and made headlines each and every time. On Hacker News, for example, those stories got 800-1000+ upvotes.

What's the fuss and why are so many people interested in this? Are there any opportunities for us as indie hackers as a result of this change? Let's take a closer look.

The EU wants to disrupt the "winner takes all" dynamic

Platforms usually operate inside winner takes all markets. This means that if, a social network like Facebook takes off and becomes popular, it eats up the majority of the market share.

This has been the case with social networks like Instagram, Facebook, TikTok, search engines like Google, app stores like Google/Apple App Store, etc.

The Digital Markets Act will change this. Let's explore how

Big platform features will become APIs

With this change, big platforms will be forced to "open up" their features.

For example, messaging apps like WhatsApp / iMessage will need to open up and become interoperable with smaller messaging platforms.

The European Union calls these platforms "gatekeepers". It's just a fancy term for huge companies that have platforms. So Facebook, Instagram, Google, etc.

Here's a list of what those gatekeepers will be forced to do:

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Notice the first check-mark: allow third parties to inter-operate with the gatekeeper's own services in certain specific situations.

In other words, have APIs that with allow interactions with other services.

Platforms can't favor their own services

Google and others will no longer be able to promote their own local, travel or job services over those of rivals in search results.

Here's a list of the things those platforms will not be able to do anymore:

img

All of this means that we, the smaller players, will have more opportunities to compete in those industries.

Payments are included as well: Platforms like Google and Apple won't be able to force you to use their own payment services if you want to sell apps on their platforms. This is already happening in countries like South Korea.

And just yesterday,

img

What all of this means for us as indie hackers

A plethora of new opportunities to build products that weren't possible before.

This Hacker News comment gives a nice overview of what iPhone users specifically will be able to do once this law is enforced:

  • Install any software

  • Install any App Store and choose to make it default

  • Use third party payment providers and choose to make them default

  • Use any voice assistant and choose to make it default

  • User any browser and browser engine and choose to make it default

  • Use any messaging app and choose to make it default

  • Make core messaging functionality interoperable. They lay out concrete examples like file transfer

  • Use existing hardware and software features without competitive prejudice. E.g. NFC

There's a product opportunity behind each of these bullet points. So you'll be able to build products like:

  • An unifying messenger which combines iMessage/Facebook Messenger/others in a single interface.
  • An alternative app store where users can download/install their own apps.
  • Voice assistant features or a voice assistant alternative. Your own Siri/Google/Alexa.
  • Use NFC inside your web app, not having to build a separate App Store App.

...and much more.

That's pretty exciting and it opens up hundreds, if not thousands of opportunities for new products.

This law is already a reality

This law has already entered into force.

The Digital Markets Act now moves into a six month implementation phase and will start to apply on 2 May 2023.

Following their designation, gatekeepers will have six months to comply with the requirements in the DMA, at the latest by 6 March 2024.

We could see swift changes over the next 1-2 years that could have tectonic consequences.

The fines are huge: If those gatekeeper platforms don't comply, they can be fined of up to 10 per cent of the company's worldwide turnover, and up to 20 per cent in the case of repeat offenders.

The first-mover advantage is real

Shortly after Apple announced they'll enable South Korean developers to add third-party payment methods to their apps, Paddle came up with an "in-app purchase" alternative payment service:

img

This is a screenshot of their webpage and it was taken several days ago. Yes, they're still in "waitlist" mode. According to a blog post they published in January 2022:

We now have to postpone our launch as Apple and their legal team still haven’t shared the necessary technical changes and new rules, which enable app developers and alternative solution providers (like us) to be fully compliant.

Paddle didn't wait for Apple to publish the entire list of changes. They launched quickly and now probably have thousands of users on their waitlist.

So whenever Apple launches the official guidelines, Paddle will have a big first-mover advantage.

There are 2 things to note here

  • These platform updates will take time I expect that Apple/Google/Facebook will move at a snail's pace to release APIs to their most popular features, etc.

  • This doesn't mean you have to wait for a fully published version in other to make use of this opportunity. Like Paddle, you could publish a landing page with a waitlist and start collecting subscribers once you get an official update (like Apple announcing an API for iMessage, for example).

2023 will be an interesting year.

  1. 4

    There's a big IF in this law. Pretty surprised it was enforced. I think tech giants will use everything they can to delay this. But like with Google's news yesterday, they will eventually concede.

    1. 1

      Google's news yesterday

      What was this news? I might might have missed it.

      Ah ok, found it. it's right in the post.

  2. 3

    Thank you for highlighting this enormous change and opportunity! I have a few thoughts on the matter, specifically regarding the APIs you mention:

    # Question

    • Does the big companies really have to provide an API? "allow third-parties to interoperate" doesn't say that specifically.

    # Opportunity

    • We had a similar change across Europe in the banking industry a few years ago, namely PSD2.

    One issue was that the banks did everything in their power (but still within in the confines of the law) to make it difficult for companies to access their data. One company called Tink made it their mission to create a platform where companies and their apps smoothly could access bank data from Tinks API. Banks probably got pissed but Tink is on a roll.

    I'm guessing similar platform companies are in the making but that there's room for more.

    1. 2

      This is exactly what I was thinking about... The world does not only consist of Google, Apple and Meta. One area is the banks and if I am interpreting it right, banks should be providing APIs as well. I wonder if there are exceptions in this law enforcement, like in any other law, that does not force banks to provide APIs. Banks, with almost no exception, are lead by people with no tech understanding what so ever and they tend to be very very slow at implementing technological features.

      1. 2

        So true… But Banks have by far more regulations than Software or Social Network Companies and are always under the eye of the government, so it is harder to implement third-party features because they also have to match with the regulations of the banks.

        But I agree with you, banks should provide APIs to implement technological features.

        1. 2

          Since banks don't have to offer APIs, I'm not sure the "Gatekeepers" would either? Would be good with some clarity on that from Darko! If he has any :)

          1. 1

            As you addressed, Tink sorted this out. But there are plenty of use cases that can be implemented if the financial data can be democratized.

            1. 1

              Agreed! Would be interesting to see who the "Tink for Social Media" will be. Assuming the Gatekeepers mentioned in the article does not have to provide APIs.

  3. 3

    Really interesting insights. Thanks for sharing.

  4. 2

    This is why I love this community. Thank you for the excellent write-up! This will create SO many new opportunities for us. The intersection of platforms is a very big area that can be leveraged via API’s to add immense value to users. Probably one of the EU’s best legislations.

  5. 2

    Yea! it is a great initiative, it would speed up innovation and big gains won't control everything.

    It would help the startup eco system and will bring a lot of amazing changes, really excited to see it happening!

  6. 2

    Drako it is always fun to read your insightful post. Thank you for doing this.

  7. 2

    No more forced "Sign in with Apple" on mobile apps for Iphone users as well 🙌

    1. 2

      That sounds like it could hurt uniformity of the user experience across the platform.

      1. 1

        yeah true. It will for sure hurt the uniformity. But I don't know how far this is a problem ?

        1. 2

          I'd say its a problem for Apple and consumer long term. The whole magic of Apple was uniformity, because user could expect all apps to work in a predictable manner. Now any app may not integrate "Sign in with Apple" and force users to use developer's own login system. It increases chance of personal data leaks etc.

          It gets worse if apps stop supporting ApplePay and collect card info directly. Users start getting suspicious of each app they download and it affects overall turnover on the market and the perception of the brand.

          I also doubt that this change is going to reduce the prices for the end consumer. Prices will probably stay the same. That's fine that dev gets more cut but ecosystem moderation and standards may lower its bar thats for sure.

          1. 1

            yes. Brands like Apple are built in a way that represents minimalism or like a walled garden. If they have to open up their API and allow third-party companies for tech features, it would for sure hurt the brand image of apple. Therefore I think, On the one hand, it creates more opportunities for other SaaS. But on the other hand, it has to regulate big companies and that is not the principle of capitalism, the government creates more regulations for those platforms, which could hurt the UX and the free market economy.

  8. 2

    This may lead to further reductions for app sales fees that are taken by Apple & Google, which is great as well.

  9. 2

    So if you use a third party billing on Google Play, there is a 4% reduction in commission, which I guess would mean the commission goes down from 30% to 26% if over $1mm ARR, or 15% to 11% if under $1mm?

    Also, what if you buy an App through a new alternative app store: Will there still be a commission for Google/Apple? Or would this mean it’s 0 commission?

  10. 2

    Thank you for posting this. Looks like a perfect opportunity for indiehackers now that VC driven EU startups are on a backfoot.

  11. 1

    Thanks for sharing Darko!
    Looking forward to see what Twitter will open up now that Mlon Eusk is in charge of the circus. Looks like we, small IHs, have tickets to that show!

  12. 1

    Well written and insightful post. Thank you for sharing!

  13. 1

    Great post! New opportunities are where changes are happening. IH needs more posts like this.

  14. 1

    Great insights! Thanks for sharing.

  15. 1

    What about video/mobile games ? I find amazing that you are drawing blood from stone to have access to your game stats or other user game stats from most video/mobile games through some API.

  16. 1

    Sorry, but I don't think this law is enforceable. Otherwise, any country or region of the world could enforce their own similar laws.

    Companies come and go, so any of these "giants" can fail or lose importance at any time. Each of them started small, like we do. Their place in society is the reward that they have earned as a result of their hard work to get there.

    It would be like the United States government saying that the champion in the Major League Baseball World Series must share their trophy with all the other teams in the league.

    1. 10

      Of course it's enforceable, the EU is one of the biggest markets in the world. And the GDPR has already demonstrated that there will be massive fines for anyone ignoring EU law. Companies can't afford not to follow it.

      This also specifically only targets the big players, it's great for all the little startups. Open platforms make it much easier to innovate.

      1. 5

        Right exactly, it's not just one of the biggest markets in the world, it's the biggest single market period. Just ask Apple, who will now be switching to USB-C for their phones, or the millions of companies that have had to up their privacy game thanks to GDPR.

        Not only is it enforceable, but that is basically the EU's goal - to use their dominance the improve the fairness, sustainability and privacy of global technology and commerce - I'm just grateful they have good intentions.

        1. 1

          All True, but I bet Apple will not switch to USB-C, instead they will remove the charging port completely.

          1. 4

            They've already stated that they're switching to USB-C. https://www.businessinsider.com/usb-c-iphone-coming-apple-not-happy-force-ditch-lightning-2022-10

            The port is more than a charging port, it's also used for accessories, repair and more. Claims that they will remove it is speculation at best.

    2. 1

      I think this will have similar implications as GDPR which shook the industry.

  17. 1

    This is quite good. Thanks for sharing. The Unification reminds me of Nimbuss back in the days on nokia phones.

  18. 1

    Woah, didn't know about the Googl news yesterday.

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