Amazon Appeals EU’s Designation Under Digital Services Act
On Thursday, Amazon turned to Europe’s second-highest court seeking to overturn its classification as a very large online platform (VLOP) under the EU’s Digital Services Act (DSA). The company argues that it presents no significant risks to its users.
The DSA, which became effective in 2022, imposes stricter duties on major tech firms to address illegal and harmful content found on their sites.
Amazon’s complaint was filed with the General Court in Luxembourg after the European Commission categorized it as a VLOP. This classification demands that companies take additional steps to manage risks, conduct independent audits, and share important data with authorities and researchers.
In court, Amazon’s lawyer, Robert Spano, argued that “online marketplaces like the Amazon Store do not pose systemic risks.” He further stated that the rules meant for VLOPs are ineffective in preventing the spread of illegal or counterfeit goods.
Spano explained that the risks from online marketplaces are limited to individual customers rather than the entire user base. He suggested that even if there are problematic items, the overall exposure is minimal and already addressed by existing safety and compliance regulations.
“When it comes to marketplaces like the Amazon Store, size does not multiply risk. It’s an arbitrary and unfair measure,” Spano remarked.
A decision from the court is expected in the coming months. Other companies, including Meta Platforms, TikTok, and the German retailer Zalando, have also raised challenges against the DSA for various reasons.
This case is officially titled T-367/23 – Amazon EU v Commission.
