Thursday Amazon asked for the second European court on Thursday to eliminate its designation as a platform subject to more severe requirements based on the EU’s online content rules, claiming that it does not place systematic risks for its users. The Digital Services Act, which entered into force in 2022, requires large technological companies to do more to face illegal and harmful content on their platforms.
The US online retail giant brought its complaint to the General Court based in Luxembourg after the European Commission ranked it as a very large online platform (VLOP) pursuant to DSA.
A VLOP designation requires companies to do more to deal with illegal online content, undertake risk management, conduct external and independent audits and share data with authorities and researchers.
“Online markets like the Amazon store do not represent systemic risks. Secondly, VLOP rules cannot and cannot rationally help to prevent the spread of illegal or counterfeit goods,” Amazon’s lawyer Robert Spano told the court.”The VLOP rules therefore make sense if applied to online markets,” he said.
Amazon has said that any risks are limited to individual customers, not to the totality of its users and that even if there are problematic products, the diffused exposure is minimal and already treated by a series of safety laws and compliance of the product.
“When it comes to markets like Amazon Store, the dimensions do not multiply. It is an arbitrary metric, disproportionate and discriminatory,” said Spano.
The Court will govern in the coming months.
The Meta platforms, the Chinese social media app Tiktok and the German online retailer Zalando also challenged the DSA for various reasons are also.
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