Connect DSA trader question

Today the Connect page asks me to confirm if I am a trader or not under DSA.

I am an independent developer and have several apps in App Store. I have no idea what a trader is.

The DSA defines a trader as “any natural person, or any legal person irrespective of whether privately or publicly owned, who is acting, including through any person acting in his or her name or on his or her behalf, for purposes relating to his or her trade, business, craft or profession.” If you have questions about your status as a trader, consult with your legal advisor.

I emailed Connect support but their reply is very "official" which confuses me more.

Haha I am under the same dilemma. Please let me know what option you decided to tick. I am also an independent developer.

I have no idea what a trader is.

But you’ve just quoted the relevant definition of a trader!

any natural person … who is acting … for purposes relating to his or her trade, business, craft or profession.

I am an independent developer and have several apps in App Store.

Is that your “trade, business, craft or profession”? If not, maybe it’s just a hobby? Or maybe you’re a volunteer for a charity?

English is not my native language.

You can read it in 24 different languages:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32022R2065

Click on your preferred language near the top, then scroll down a lllooooooong way to find article 3, which includes the definitions. 3 (f) is "trader".

(BTW, we only get it in English thanks to Ireland now.)

If I select the option NO, does that means my apps could NOT sold in EU?

If I select the option NO, does that means my apps could NOT sold in EU?

I doubt it.

Why do you ask? You need to answer truthfully. Don't choose an answer based on what you think Apple might do in response. Give the honest answer.

Mind if you select YES your address (or P.O. Box), tel. nr. and email address will be displayed in the App Store, at least acc. to

https://developer.apple.com/help/app-store-connect/manage-compliance-information/manage-european-union-digital-services-act-compliance-information/

If you do not want that , NO is a good option. But when you publish a payed app, or at least one with a payed option, you probably have to select YES, although this is not explicitly clear, especially if you are just a hobby programmer "trying out" in-app-purchases.

I have a non-payed app published and was considering to try out in-app-purchases, still rather as a hobby and as a learning activity. However I now doubt to start with that, I do not want my personal address published. Also, you never know which burocratic further demands will follow, (and all that because of a hobby where maybe only a friend pays once $1.99 for an in-app purchase.)

I received this request for trader information this morning. I am an independent developer.with a few apps on the App store. Mostly free, one or two with IAP. I get very little money from these apps. Probably none from the EU, especially since the UK left.

I have no interest in having my privacy violated with address, phone number and email address posted publicly on the Apple EU Store.

If I stop providing my apps on the EU store am I no longer a 'trader'?

This definition is unclear to me because I don’t know the definition of “trade, business, craft, or profession.”

Dictionaries are available. But basically, they are all types of jobs. It is asking if you are doing this as a job.

This is a hobby to me. Is my hobby my “craft” or “trade”?

No, but...

Does it matter if I have paid apps or IAP vs only free apps? Does it matter if I make a profit vs a net loss considering the annual developer fee?

If you are making a profit - or trying to make a profit - then it's not a hobby, is it?!

What do you tell the tax authorities about your income from this?

If I stop providing my apps on the EU store am I no longer a 'trader'?

I don't think that Apple's forms currently have a way of saying "I want to skip this, I don't want to sell in the EU". You could ask them to add that. We also don't know what happens if you just don't complete the forms.

FWIW, for me having a business address available online only results in a few extra kg of junk mail per month.

Just now removed Europe and added back UK for my apps. It will be interesting to see if I continue to have a request for this new declaration before new updates or submissions. I have a Vision Pro app I was thinking of submitting soon. Maybe if I wait awhile I won't have to answer this question right away.

I had no clue either. I am pretty fluent in English, but this is pretty weird legalese.

Then found this Reddit thread which refers to a JetBrains article saying that anyone who is developing apps in a commercial context is a "trader":

https://www.reddit.com/r/iOSProgramming/comments/1be1e18/can_anybody_please_tell_what_is_the_difference/

Funny enough, I could not even proceed, because App Store Connect does not show up the correct address for my US company, although it is correctly filed at DUNS. What a mess.

I am pretty fluent in English, but this is pretty weird legalese.

You're German, right?

https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=CELEX:32022R2065

„Unternehmer“ jede natürliche oder juristische Person, unabhängig davon, ob sie in privatem oder öffentlichem Eigentum steht, die für die Zwecke ihrer gewerblichen, geschäftlichen, handwerklichen oder beruflichen Tätigkeit entweder selbst oder durch eine andere in ihrem Namen oder Auftrag handelnde Person tätig wird;

my company publishes free apps on behalf of customers. although this means we do not publish paid apps, I think we identify ourselves as a trader, if I interpret that legalese stuff correctly

my company publishes free apps on behalf of customers. although this means we do not publish paid apps, I think we identify ourselves as a trader, if I interpret that legalese stuff correctly

Yes.

Don't want my personal info published. If I'm excluded from EU, so be it.

Connect DSA trader question
 
 
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