In an article published in Bloomberg Professional Perspective, Juan Rodriguez and André Garcia do Fôjo discuss Amazon’s challenge to the EU Digital Services Act (EU DSA) in the EU General Court, in particular the interplay between the obligation of online platforms to publicly disclose potentially confidential information under the EU DSA rules and legal protection in the EU General Court through interim measures.
Amazon challenged its designation as a “very large online platform” under the EU DSA by the European Commission in the EU General Court and simultaneously applied for an interim measures order to obtain the suspension of the requirement to comply with certain obligations of the EU DSA (Articles 38 and 39). The EU DSA regulates providers of online intermediary services such as online platforms and search engines by imposing obligations designed to improve online transparency and accountability. On September 27, the President of the General Court partially granted relief to Amazon by ordering the suspension of the requirement for Amazon to comply with Article 39 of the EU DSA, which Amazon argued required the public disclosure of its business secrets. The Court dismissed Amazon’s financial loss claim relating to Article 38, which requires very large online platforms to enable users to opt out from profile-based advertisements.
Juan and André note that this case is a reminder that applicants for interim measures need to meticulously substantiate their claims involving financial loss. However, the General Court seems to have applied a lighter standard of proof in relation to claims involving harm from the public disclosure of potentially confidential information.
Juan and André previously offered guidance for companies on interim measures in the Bloomberg Professional Perspective article “Practicalities & Pitfalls of Interim Measures by EU Courts.”
Read “Amazon’s EU DSA Ruling: Online Platforms, Business Secrets & Interim Measures.”
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