Commission sends request for information to AliExpress under the Digital Services Act

Today, the European Commission has formally sent AliExpress a request for information under the Digital Services Act (DSA). The Commission is requesting AliExpress to provide more information on the measures it has taken to comply with obligations related to risk assessments and mitigation measures to protect consumers online, in particular with regard to the dissemination of illegal products online such as fake medicines.

Commissioner for Internal Market, Thierry Breton, said: “The Digital Services Act is not just about hate speech, disinformation and cyberbullying. It is also there to ensure removal of illegal or unsafe products sold in the EU via e-commerce platforms, including the growing number of fake and potentially life-threatening medicines and pharmaceuticals sold online.”

AliExpress must provide the requested information to the Commission by 27 November 2023. Based on the assessment of AliExpress’ replies, the Commission will assess next steps. This could entail the formal opening of proceedings pursuant to Article 66 of the DSA.

Pursuant to Article 74 (2) of the DSA, the Commission can impose fines for incorrect, incomplete, or misleading information in response to a request for information. In case of failure to reply by AliExpress, the Commission may decide to request the information by decision. In this case, failure to reply by the deadline could lead to the imposition of periodic penalty payments.

Following its designation as a Very Large Online Platform, AliExpress is required to comply with the full set of provisions introduced by the DSA, including the assessment and mitigation of risks related to the dissemination of illegal and harmful content and any negative effects on the exercise of fundamental rights.