On July 11, 2024, the European Commission made Apple’s commitments legally binding, ending its Apple Pay mobile-payments investigation. Eligible third-party wallet and payment apps can now seek access to the iPhone’s contactless-payment NFC functions in the European Economic Area (EEA), without requiring Apple Pay or Apple Wallet. This is a controlled opening—not unrestricted NFC access, and not a formal finding that Apple infringed EU antitrust law.
The decision in brief
- Scope: The EEA—27 EU countries plus Iceland, Liechtenstein and Norway—not the entire world.
- Devices: The commitments specify iPhone XS and later.
- Software: Apple documents the HCE contactless functionality for iOS 17.4 and later.
- Technology: Eligible apps use Host Card Emulation (HCE) to present payment credentials to contactless terminals.
- User choice: An eligible app can be selected as the default contactless-payment app.
- Legal outcome: The Commission accepted commitments under Article 9 of Regulation 1/2003 and closed the investigation; it did not issue an infringement finding.
The Commission’s decision and Apple’s technical documentation are available at the Commission’s July 11, 2024 announcement and the published commitments.
Why the Commission investigated Apple
NFC (Near Field Communication) is the short-range wireless technology that lets a phone communicate with a payment terminal. The Commission’s preliminary concern was that Apple controlled access to the iPhone NFC functions needed for in-store contactless payments and reserved practical access for Apple Pay. That could limit rival wallets, consumer choice and innovation.
The investigation opened in June 2020. On May 2, 2022, the Commission issued a Statement of Objections alleging a possible abuse of a dominant position. Apple then proposed commitments, which the Commission market-tested in January 2024 before accepting a final package on July 11, 2024. The case history is set out in the Official Journal notice.
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A commitments decision resolves identified competition concerns by binding the company to specified conduct. It is different from a decision that proves an infringement and imposes a penalty.
What Apple must provide
Free HCE access for qualifying providers
Apple must provide eligible third-party mobile-wallet and payment-service providers free access to the relevant iPhone NFC input. The app does not have to use Apple Pay or Apple Wallet. HCE lets authorized software emulate a contactless card or credential while remaining inside Apple’s security and entitlement framework.
Default-app selection and quick launching
Users can choose an eligible provider as the default contactless app. The commitments also cover:
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- Field Detect: presenting a locked iPhone to a compatible NFC terminal can launch the default app.
- Double-click: the side button, or Home button on applicable models, can launch it.
- Authentication: Face ID, Touch ID and the device passcode can be used for authorization.
- Suppression: an appropriate foreground app can prevent the default contactless app from interrupting its own transaction.
Apple’s current developer description of these functions is at HCE-based contactless transactions.
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Apple’s eligibility criteria must be fair, objective, transparent and non-discriminatory. Developers challenging an access decision receive a complaint and dispute process. The opening therefore creates a route to the NFC capability, not an automatic entitlement for every app.
Who qualifies—and who does not
The commitments cover developers established in the EEA and users whose Apple Accounts are registered there. A person physically visiting an EEA country may still be outside the scope if the account is registered elsewhere. iPhones below the XS generation are outside the device coverage specified in the commitments.
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| Situation | What the decision means |
|---|---|
| EEA Apple Account, iPhone XS or later, current iOS | May use an eligible rival app if the provider supports the country, card and required entitlement. |
| U.S. or other non-EEA account | No equivalent right follows from this decision. |
| Older iPhone | Not covered by the iPhone XS-and-later commitment. |
| App without Apple approval or payment authorization | Cannot assume NFC or default-app access. |
The existence of an API does not establish that a particular bank, card network or wallet is available in every EEA country.
What an EEA iPhone user can do
- Update a compatible iPhone to a supported iOS release; Apple documents the HCE functionality from iOS 17.4 onward.
- Install an eligible bank or wallet app and complete its identity, card and permission requirements.
- Open Settings → Apps → Default Apps → Contactless App where that control is present, then select the provider. Labels can vary by iOS release and country.
- Use Field Detect or Double-click to launch the selected app.
- Authenticate with Face ID, Touch ID or the passcode and hold the phone near a compatible terminal.
Installing a banking app is not enough by itself. The provider must support the user’s country, card or payment network, and contactless use on iPhone. A terminal must also support the relevant contactless protocol.
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Why rival wallets may still be slow to arrive
Access to Apple’s interface is only one part of launching a payment product. A bank or fintech generally needs an Apple Developer relationship, the HCE entitlement, appropriate payment-service authorization or a regulated partner, and compliance with requirements such as PCI DSS, EMVCo and applicable privacy law. Apple’s developer materials describe the entitlement process at Apple’s NFC and Secure Element platform page.
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- Card-network and issuer support must be negotiated.
- Security reviews and, where relevant, laboratory validation can add time and cost.
- The app needs fraud controls, dispute handling and customer support.
- Providers must decide whether a separate wallet can attract users from Apple Pay.
- Some apps may support an in-app NFC transaction without supporting system-wide default-wallet behavior.
Consequently, the decision creates potential competition over fees, rewards, bank integration, transit and regional payment schemes; it does not guarantee new launches, lower prices or better acceptance.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Security, privacy and the limits of the opening
Apple has argued that broader platform access can increase privacy and security risks, while the Commission’s remedy preserves eligibility checks, authentication and technical controls. The arrangement does not turn the iPhone into an unrestricted NFC platform: Apple still approves entitlements, sets technical conditions and can require compliance with security and regulatory standards. Apple’s position on the wider EU changes is described in its January 2024 announcement, while Apple’s security architecture is documented at Apple Platform Security.
Not the same as Tap to Pay on iPhone
The EU case concerns consumers using an iPhone to pay at a store through Apple Pay or a competing wallet. Apple’s separately named Tap to Pay on iPhone product lets merchants accept contactless cards and wallets using an iPhone. It is a merchant-acquiring service, not the consumer-wallet remedy described here. Details are on Apple’s Tap to Pay on iPhone page.
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How long the commitments last and what enforcement means
The commitments were designed to apply for 10 years, subject to the terms of the Commission decision. Apple must also maintain a process for developer complaints. If the Commission finds non-compliance, it can investigate and impose a fine of up to 10% of Apple’s worldwide turnover under the applicable EU competition rules. That enforcement power was not a fine imposed in the July 2024 decision.
The opening is also distinct from broader Digital Markets Act proceedings involving issues such as App Store steering, business terms, alternative app marketplaces or other interoperability obligations.
The Bottom Line
The EU removed Apple’s exclusive practical position over iPhone contactless-payment NFC for eligible providers in the EEA. Users gain a real alternative to Apple Pay only when a provider obtains approval, supports their country and cards, and delivers a working wallet.
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