The European Commission made a preliminary finding on Wednesday that Chinese online shopping platform AliExpress had breached the Digital Services Act (DSA), saying the platform had not done enough to stop the sale of illegal products.
The EC’s first allegation against AliExpress concerns the insufficient resources allocated to the moderation system, which is responsible for checking the legality of the products offered. According to the Commission, the platform also fails to properly enforce sanctions against sellers who regularly post illegal products or content. The EC also drew attention to systematic flaws in the moderation system, which it believes undermine its effectiveness and allow for manipulation by dishonest users.
“These results demonstrate a breach of the obligations imposed on very large internet platforms,” the EC said in a press release.
AliExpress has been designated by EU lawmakers as a very large online platform, meaning it has more than 45 million monthly active users in the EU. As such, it is subject to stricter requirements set out in the DSA, including mitigating risks to users.
If it is confirmed that the platform has broken digital rules, the Commission may impose a fine of up to 6% of its global turnover. However, the EC stressed that the current findings are preliminary and do not prejudge the final outcome of the proceedings. AliExpress has the right to defend itself and may respond to the allegations made against it.
In a separate decision, also announced on Wednesday, the Commission made binding commitments offered by AliExpress. They were submitted in response to the EC’s earlier concerns.
The platform has committed to, among other things, monitoring and detecting illegal products – including on external sites to which hidden links on AliExpress lead. The EC clarified that this includes medicines, dietary supplements and adult content that may pose a risk to the health of users and the well-being of minors.
“Today's decision makes these commitments legally binding. Their breach will amount to a breach of the DSA, which could lead to the imposition of fines,” the Commission said.
AliExpress is one of the first platforms subject to EC proceedings under the DSA rules, which come into force in February 2024. A formal investigation into the platform was launched in March last year to assess whether it had breached EU regulations in areas such as content moderation and risk management.
Aliexpress Statement
We have been actively engaged and closely cooperated with the European Commission in this process from the very beginning – and will continue to do so.
As today's Communication confirms, the Commission has recognised our commitment to ensuring a high level of consumer protection and transparency, as reflected in the broad and detailed voluntary commitments we have proposed and agreed.
We remain fully committed to operating under the Digital Services Act (DSA) and delivering on our commitments. We are confident that continued dialogue with the Commission will effectively resolve any remaining issues and achieve a positive and compliant outcome.
AliExpress is committed to providing a safe and compliant marketplace for consumers in Europe and around the world, respecting applicable rules and regulations in the countries where we operate.
From Brussels Maria Wiśniewska (PAP)
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