Forty million UK iCloud users could be owed up to $100 (£77) each after a $3.9 billion (£3 billion) class action lawsuit against Apple was cleared for trial — and the company’s problems may be just getting started. 

For Apple, the worry is that this case could snowball to become yet another existential regulatory problem. The action was brought by consumer group Which?, which accused Apple of breaching UK competition law by giving its iCloud storage service preferential treatment and “trapping” customers with Apple devices into using iCloud. 

Trapping happy customers

Apple achieves this by encouraging its customers to sign up to iCloud for storage of photos, videos and other data while also making it difficult for them to use alternative providers to backup key data. The company also squeezes extra dollars out of customers by providing a stingy 5GB of storage for free, while putting important data including messages and photos inside that allocation. Even Google provides 15GB of storage in its free tier.

The problem is that the scale of Apple makes it difficult for competitors to reach customers with alternative solutions, while Apple’s control over the operating system gives it integration advantages third-party competitors don’t get. 

While there may well be justifications for constraining access to some personal data, those privacy and security challenges don’t apply to all of it. 

You are the product

When it originally filed the claim, Which? explained that Apple could resolve the claim without litigation by offering consumers their money back and opening up iOS to allow users a real choice for cloud services. This is unlikely to happen.

This case has been slowly making its way through the Competition Appeal Tribunal, which last week finally gave permission for the case to go to trial.

Apple won’t be looking at a hefty fine just yet. The first available trial date is in October 2028 and the legal fight is expected to last nine weeks, which might, or might not, equate to a Christmas surprise for Apple’s then CEO. There’s no time to sit back, however, as the company must still file its defense papers with the court by the end of next month, July 31.

The snowball factor

The UK is not alone. Italy has launched its own antitrust probe into Apple’s iCloud dominance under the EU’s Digital Markets Act (DMA). The problem with that litigation is that since Italy has commenced the probe, other nations across the bloc might also act.

Italy is looking to see whether Apple has failed to open up its iOS and iPadOS ecosystems to rival cloud services, arguing that third-party providers are unable to access the same system components as iCloud. The DMA insists competitors should enjoy the same degree of access as iCloud because Apple is seen as a gatekeeper, which means it is required to meet a higher set of standards.

Apple, of course, will inevitably — and rightly — argue that customer privacy needs to be protected, and that open, free, access to some of the data its trusted iCloud service can use is not in the consumer interest. 

The company has already proposed one way in which it can provide third-party services with access to confidential data with a trusted intermediary system that anonymizes that information in use. 

Why we need a Trusted System Agent model

That’s precisely what it offered Europe when it proposed a solution called Trusted System Agent — an intermediary that would allow virtual assistants to safely access the same features and capabilities as Siri AI for devices in the EU. Unfortunately, EU regulators didn’t accept Apple’s justification concerning the need to protect customer privacy, which is why Apple Intelligence won’t be available in Europe for a while, if at all.

In the event Apple’s iCloud service falls short of the Italian probe and therefore the DMA, the danger is that if EU regulators take the same evangelically hard-line stance with iCloud services as they have done so far with AI, customers might find themselves losing access to the service. 

First blood

That’s in Europe, of course. But the UK case is likely to get to court long before litigation processes in Europe get going, making the UK action an important test case in which yet another important component of Apple’s offering to consumers is up for trial.

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