This procedure comes after Temu was, on May 31, 2024, designated as a very large online platform, that is to say a marketplace having an impact on the consumption trends of Europeans and presenting “systemic risks » for society. This designation was itself made after, in sixteen Member States, consumer associations filed complaints against the platform before their national authorities and the European Consumers’ Bureau, for its part, referred the matter to the Commission.
From its designation as a very large platform, Temu had four months to comply with the DSA and the Commission became solely competent to monitor the implementation of the DSA. Indeed, the governance of very large platforms is centralized in the hands of the Commission (DSA, art. 56, § 3). Everything then happened very quickly: Temu, at the end of September, presented a risk assessment report; the Commission, suspecting the sale of illegal goods, in the sense that they would not respect European standards, but also a risk of addiction, opened the procedure provided for by article 66 of the DSA.
Suspected violations
Prior to this decision, from June 28, 2024, the Commission, by application of article 67 of the DSA, had asked Temu (but also Shein) to specify the “advice and action mechanism” put in place. in place (this mechanism allows users to notify illicit products), the design of online interfaces (so as not to deceive or manipulate users via of the dark patterns), the modalities for the protection of minors, the transparency of recommendation systems, the traceability of operators and compliance by design. On October 11, the Commission requested further details on the measures taken to combat the sale of illicit products. The decision taken on October 31, 2024 by the Commission allows it to investigate in depth various violations of the regulation. Are targeted – and this delimits the scope of the investigation –…
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