The European Commission has recently taken action by formally requesting AliExpress, a leading e-commerce platform, to provide detailed information regarding its compliance with the Digital Services Act (DSA). The Commission’s inquiry primarily focuses on AliExpress’ measures to mitigate risks and protect consumers in relation to the online dissemination of illegal products, particularly counterfeit medicines. This move highlights the broader scope of the DSA, transcending issues such as hate speech and disinformation to ensure the removal of unsafe and unlawful items within the EU’s e-commerce landscape.
The Commission’s Request for Information:
Within the framework of the DSA, Internal Market Commissioner Thierry Breton stresses the significance of preventing the sale of fake and potentially life-threatening pharmaceuticals online, emphasizing the importance of robust risk assessments and adequate measures for consumer protection. As part of the request, AliExpress is required to provide comprehensive information by 27 November 2023, shedding light on the actions it has taken thus far to adhere to regulatory obligations.
Potential Consequences:
Based on the assessment of AliExpress’ response, the European Commission will evaluate the next steps, which could involve the initiation of formal proceedings under Article 66 of the DSA. It is crucial for AliExpress to ensure that its provided information is accurate, complete, and free of any misleading elements, as the Commission has the authority to impose fines in the event of non-compliance with these requirements, as per Article 74(2) of the DSA. Furthermore, failure to respond to the Commission’s request may prompt the issuance of a decision mandating the surrender of the requested information, accompanied by potential periodic penalty payments should AliExpress disregard the established deadline.
AliExpress as a Very Large Online Platform:
As a designated “Very Large Online Platform” under the DSA, AliExpress is obliged to comply fully with all the provisions incorporated within the act. This entails comprehensive risk assessments, stringent control measures, and effective mitigation strategies concerning the dissemination of illicit and harmful content, while also taking into account any negative implications on the exercise of fundamental rights. AliExpress, like other platforms falling within this category, must ensure that it meets the exacting standards set forth by the DSA to ensure the safety and well-being of its users.
The European Commission’s request for information to AliExpress marks an important step in enforcing the comprehensive provisions stipulated under the Digital Services Act. By targeting the dissemination of illegal products, particularly fake medicines, the Commission seeks to safeguard consumers by holding e-commerce platforms accountable for ensuring compliance with rigorous risk assessments and adequate consumer protection measures. With the 27 November 2023 deadline approaching, AliExpress must diligently provide the requested information to the Commission, reflecting its commitment to transparency and proactive adherence to the DSA’s requirements. The outcome of this assessment will determine the potential ramifications AliExpress may face in relation to its operations within the EU’s digital landscape.

