European Union: Announced EU Commission investigation into Amazon’s compliance with DSA requirements regarding risk assessment and consumer protection measures

On 15 November 2023, the European Commission formally sent Amazon a request for information under the Digital Services Act (DSA). The Commission required Amazon to submit information regarding the measures it has implemented to comply with its obligations as a designated very large online platform to conduct risk assessments and implement mitigation strategies to safeguard consumers on the internet. Amazon is required to provide information on the measures adopted against the distribution of illegal products and the safeguarding of fundamental rights. Furthermore, the Commission requested information on Amazon’s recommender systems compliance with DSA, which prohibits online intermediary services from nudging users and distorting their choices or decision-making autonomy via the structure, design or functionalities of an online interface. Amazon must provide the requested information to the Commission by 6 December 2023. In case of non-compliance, the Commission can issue a formal decision, open formal proceedings, and impose penalties.