While Amazon hoped to avoid being classified as a ”
very large online platform ,” the European Court of Justice has just dashed that hopes. This decision confirms the EU’s determination to rigorously enforce its digital framework.
And for Amazon, the stakes are high, because platforms exceeding 45 million monthly active users in the Union fall within the advanced scope of the Digital Services Act (DSA).
A select ” club ” intended to provide greater oversight of companies whose activities may expose citizens to illegal content or risky business practices. Amazon, which had contested this designation since 2023 , hoped to argue that its marketplace did not present the same dangers as advertising-based social networks…
A decisive legal battle
In its ruling , the Court of Justice of the EU rejected all of Amazon’s arguments . The American giant invoked freedom of enterprise, property rights, and equality before the law to avoid the enhanced regime.
The Luxembourg court acknowledged that the DSA could interfere with the internal organization of platforms , generating costs and structural adaptations, but it deemed these constraints legitimate.
According to the judges, marketplaces can also expose users to risks , such as the distribution of illegal content, non-compliant products, or violations of fundamental rights, particularly consumer protection. These are precisely the kinds of situations the DSA seeks to prevent .
A framework that imposes new obligations
As the Reuters dispatch reminds us , being recognized as a ” very large online platform ” implies a series of demanding obligations , such as accelerated moderation of illegal content, increased transparency on algorithms, strict restrictions on targeted advertising, including a ban on targeting minors, and new rights of recourse for users.
The European Commission considers these measures essential for overseeing digital ecosystems that have become major structures for consumption and information . It’s worth noting that in the event of breaches, sanctions can reach up to 6% of global turnover.
Amazon, for its part, maintains that its platform disseminates neither opinions nor information and that it does not present the systemic risks that the DSA primarily targets. The company also intends to take the matter to the Court of Justice for a second round of legal proceedings.
A power struggle is brewing…
This case places Amazon in a stricter regulatory environment than the one the group intended to comply with.
It also sends a signal to all digital players, affirming that the EU will make no exceptions , even for the giants of online commerce…