Trends

Amazon loses court case to suspend EU tech rules’ ad clause

AuthorBTW Editorial

Reading Time2 min

PublishedMarch 28, 2024

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Headline

Context

On March 27 in Brussels, Amazon sided with EU regulators at Europe’s highest court, saying the EU’s interests outweighed the US online retailer’s material interests. It lost its battle to get a stay on EU tech regulations for its online advertising requirements. Under the Digital Services Act (DSA), which went into effect last year, Amazon was categorized as a very large online platform subject to strict requirements to combat unlawful and harmful information on its site.

Evidence

Pending intelligence enrichment.

Analysis

Also read： Amazon pays $650 million for a nuclear-powered data centre The company then challenged the DSA’s request to disclose the repository containing details of its online adverts and asked for interim measures pending a court ruling on the case. In September, a lower court granted its request for interim measures to suspend the controversial obligation. But the Luxembourg-based Court of Justice of the European Union (CJEU) rejected the suspension order and dismissed Amazon’s application for interim measures. Amazon argued that the obligation unlawfully restricts its fundamental right to respect private life and freedom to conduct business.

Key Points

Amazon lost its battle to suspend online advertising requirement under EU tech rules, as the top court ruled EU interests outweighed the US retailer’s material interests.
Amazon’s application for DSA’s online advertising disclosure requirement was dismissed by the CJEU, citing irreparable harm and irrelevant arguments about limiting fundamental rights.