BEUC welcomes the EU court's decision to uphold Amazon's designation as a Very Large Online Platform

BEUC welcomes today’s General Court's ruling upholding the designation of Amazon as a ‘Very Large Online Platform’ (VLOP) under the Digital Services Act (DSA). BEUC had intervened in the case alongside the European Commission to defend the European consumer views.

Amazon failed to convince the Court that the DSA’s obligations infringed several fundamental rights as laid down in the EU Charter. The Court ruled that, although the DSA could interfere with Amazon's fundamental rights, such interference is justified by the DSA’s objectives. These objectives notably include ensuring a high level of consumer protection on online services as recognized by the Court. The decision confirms that Amazon will have to identify and mitigate systemic risks, ensure advertising transparency and give consumers the possibility to turn off personalised recommendations.

Agustín Reyna, Director General of European Consumer Organisation BEUC, commented:

“Amazon has unsuccessfully tried to get off the hook when it challenged the legality of the Digital Services Act. As we have said before, if the term ‘very large online platform’ is to apply to any platform, it certainly applies to Amazon. We are happy to see that the Court does not back down and ensures the EU rules are implemented without exemptions. The DSA is here to protect consumers from fraud, illegal products, and unwanted profiling. Today is a big win for all European consumers and the rule of law.”

Background information
The European Commission designated Amazon as a VLOP under the Digital Services Act in April 2023. This meant that Amazon must meet stringent obligations under the law to ensure a safe online environment to its users. Amazon claimed to be unfairly singled out by its designation and appealed the decision as it allegedly interferes with their fundamental rights, including to conduct business. The tech giant asked that its designation as a VLOP is suspended and that various rules applicable to VLOPs are invalidated.