Digital Services Act: Temu now also particularly in the EU's sights
As of today, the Chinese online marketplace Temu is classified as a particularly large provider under the Digital Services Act. This entails special obligations.
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The EU Commission has today classified the currently popular online marketplace Temu as a very large operator (VLOP) under the rules of the Digital Services Act (DSA). This means that the marketplace, which is particularly well-known for its fast fashion offerings, is subject to additional rules.
The fast-growing provider, which is only two years old and has owners in Shanghai, now has more than 45 million monthly users in the EU. With the official determination of its size and therefore significance, Temu must now also prove to the EU Commission, as the supervisory authority for the Digital Services Act, that it is taking action against so-called "systemic risks" in addition to the normal provisions of the DSA: Risks that stem from the way the marketplace operates. There is no exhaustive catalog here, but each provider must identify individual risks and then address them effectively.
Fifth online marketplace
In the case of Temu, which acts exclusively as an intermediary between suppliers - mostly from the People's Republic of China - and end customers, these could include trademark infringements, product safety deficiencies such as a lack of CE testing of electrical products or a systematic failure to comply with customs obligations. The question of whether Temu is using dark patterns in its app to entice users to place orders is also likely to occupy the EU Commission, as the supervisory authority, intensively in the coming months. Problems with the provider have been revealed several times in recent months by consumer advocates, among others.
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After Zalando, Amazon, AliExpress and Shein, Temu is now the fifth online marketplace that falls under the extended regulations of the DSA as a VLOP. Violations of the DSA can be punished with massive fines- in the case of permanent, deliberate violations of the regulations, a court order could even be issued to block offers as a maximum measure.
(anw)
