That's what VW said....
VW's tests weren't wrong. VW wrote software to detect the tests and operate differently under those conditions.
By the way, they weren't the first. They copied similar cheating around 2000 by several different engine manufacturers. It was an industry-wide thing.
Wait, these guidelines of 10mm or 5mm away from the body is while using it to make phone calls, or just...always??
It's phone transmitting in pocket. Reasonably, your phone will always be transmitting periodically due to data. There's a separate head measurement that's not covered here.