Data protection: clause bank

This subtopic focuses on definitions in the context of drafting for data protection clauses and agreements that include them.

The definitions and interpretation clause of an agreement should include all of the individual defined terms that are included in an agreement and all of the provisions that are to apply to the general interpretation of an agreement and, if necessary, of certain phrases used with it. The defined terms and the interpretation provisions will normally be set out in two separate sub-clauses. The definitions and interpretation clause will usually be found at the beginning of an agreement and the terms will be set out in alphabetical order

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General Court dismisses Amazon’s Challenge to VLOP designation (Amazon EU v Commission)

EU Law analysis: In its judgment of 19 November 2025 in Case T-367/23, the General Court of the European Union dismissed the action brought by Amazon EU Sàrl (Amazon) against its classification by the European Commission (Commission) as a so-called ‘Very Large Online Platform’ (VLOP) under Article 33(1) of Regulation (EU) 2022/2065 (EU Digital Services Act or EU DSA). Notably, Amazon does not call into question the correctness of the figure of 45 million monthly active users within the EU to qualify as a VLOP. The meeting of this threshold is out of dispute. Rather, Amazon takes the position that Article 33(1) DSA is unlawful in so far as that provision makes certain marketplaces subject to the obligations laid down in Articles 34 to 43 DSA. In particular, Amazon puts forward an infringement of the freedom to conduct its business, its right to property, the principle of equal treatment, the freedom of expression and of information and the protection of confidential information. All these rights are enshrined in the Charter of Fundamental Rights of the European Union (the Charter). The General Court considered all these rights on an individual basis, confirmed for most of them an interference, but at the same time emphasized that none of these rights is of absolute character. The court therefore engaged in analysing whether the specific interference could be justified. Ultimately, the judges reached the conclusion that in the case of Amazon the obligations imposed by the EU DSA are within proportion and therefore justifiable. Written by Dr Nils Rauer MJI, partner, Global Co-Lead Artificial Intelligence & head of German Intellectual Property at Pinsent Masons.

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