- “And in that sense, also the European market is bigger than the US market. So we feel that the DMA opens the door for the next wave of innovation in vital digital markets. And by opening this door for competition by European and US companies, it also keeps the gatekeepers themselves on edge and active in the area of innovation, which in the end benefits European citizens and if they choose so, also global citizens. So you know the examples very well. Self-preferencing is a is an example. Also many other issues. Alberto who is here to will address our open cases and we see that also in the US there are cases out by the Department of Justice that address precisely the same issues. All this to say, we continue to analyze whether gatekeepers are offering their services to the European businesses and comply with the DMA or not. We cannot comment on ongoing investigations, but as I began my introduction with there is no intention to delay or scale down any investigation that we have opened. So let us then and then by Alberto, come back to what we have been doing in the past period until now.”
EU rules on digital competition · EU Competition policy
- “And most of them are coming through indeed e-commerce. So which of course puts an enormous strain on our customs authorities and other surveillance authorities. So our key concern, as you have seen in the Commerce e Commerce. Communication is the surge of unsafe goods among those imports. Also, the environmental impact and also the impact on the level playing field with respect to the competitiveness of businesses. As European businesses who are legitimate and making an effort to comply with the rules. So we as the EU, we are well placed to address these challenges and we have a comprehensive set of rules in place. And our consumers in the EU are among the best protected in the world. But as also signalled in the e-commerce communication, we need to do more to address the scale of the products that are entering our market. So the communication gives the blueprint basically for a joint enforcement on e-commerce. We are putting forward a coordinated approach across all our regulatory instruments and competent authorities customs controls to environmental protection, product safety, consumer protection Production and also Digital Services Act. So one example that was clearly mentioned already is that we are working with the customs and market surveillance authorities to launch the first ever customs priority control area that focuses on e-commerce. And that means that our authorities, the customs authorities, will prioritize the inspection of e-commerce imports and also coordinate with market surveillance and other authorities.”
Liability for online marketplaces · EU competences on consumer protection and product standards · EU policy on custom fee on non-EU imports
- “I will try to restrict myself strictly to the questions to the commission. So, um, so Mr. de Mayo asked, what about the possibility to suspend platforms? So in the end that's possible. But the law in particular forces the first investigation. Right to be heard, decision imposing fines, imposing penalties. If we want there can be. A regime in which we keep additional control over the platform. And if the whole escalation ladder doesn't work, we can ask a digital services coordinator to go to court and ask the suspension. So it is possible, but it's not lightly taken. But there is a possibility to take interim measures, like in an extreme case, if we would know that there is a wave of poisonous medicine or whatever flooding over Europe and the systems that the platforms have in place are not effective enough, we could take interim measures. So then how can we use technology to detect the products better? I mean, um, what we discussed, for instance, in the, uh, communication is that one thing that we are starting to work on and we cannot promise that it's for tomorrow, but would be to make the databases interoperable. We have a database on statement of reasons for taking content down. Others have databases on safety of products, counterfeit products. And we would really like to to link up those databases so that technology works for us. Another possibility would be to work with web crawlers, whether or not taught by machine learning. So these are elements of the future. And we see very much the digital product passport also as as an element for the future.”
Liability for online marketplaces · Interoperability requirements for digital platforms · Product passport
- “Yes, thank you very much. So I can make a beginning maybe. So the first question of Mr. Schwab, when are you going to close cases? So. Well, the first answer is AliExpress is a major case. And we are able to close a big part of that case on the basis of solid commitments that are being monitored first by a trustee and also by the commission itself. So on the other hand, of course, a core element of the case, which is the appearance and reappearance of unlawful products, is continuing. Um, so, um, then there was a question like, um, what is the basis of your letters and what are the reasons behind the letters? This concerns Shane. And these letters are so-called requests for information, which are the tools that the Commission can use if the platforms do not reply or are not fully reply to the request for information. Then we can adopt a decision that forces them, under the threat of a fine, to answer our questions and the questions. Until now, concerned elements like the traceability of traders, which is a very important element of the DSA with respect to e-commerce. So also the compliance by design, also the presence of illegal content and goods on Sheehan's marketplace and the access to data for qualified researchers, which will allow, you know, systemically investigating the platform.”
EU rules on digital competition · Liability for online marketplaces · Interoperability requirements for digital platforms
- “Okay I will I will try to speed up to allow you to have the comments. This is AliExpress. Then the second platform is Temu. Uh, Temu was designated in May 2024. Um, we sent requests for information. The obligations applied in September. Uh, in October. We opened proceedings in July. Later on, we came to preliminary findings. The preliminary findings basically say, as you can see in the press release, that we think that their risk assessment is considerably substandard. They are not complying with their obligations to have a risk assessment. This case continues. This means for our proceedings that there has been a data room that takes a lot of time, because there's a sophisticated set of lawyers who have access to the file. We receive now the response by the lawyers, which is an extensive document, and we're now moving to further investigating this case. There's a big part, also concerning illegal products in which we are continuing our work. Sheehan is the third platform that is very relevant also because of the recent French findings of adults that are, sorry, doors that were aimed to be sold to adults and not to children. So here you have perhaps all followed in the press that the French market surveillance that the French market surveillance authorities took action. They made possible. They also asked the public prosecutor to take up the case to move to a ban.”
EU rules on digital competition · Liability for online marketplaces · EU restrictions on unfair commercial practices
- “Then um, let me see. One thing also, I mean, it was discussed, um, the pros and cons of being effective and addressing platforms in one off cases when there are unlawful or harmful products. I mean, this is a fair debate. It's also raised in the in the communication. What I would say is that, um, it is important to realize that with the DSA, what we are doing is we're looking at systemic non-compliance. So this is not about individual products that are needing to be taken down, but it is for getting the systems that platforms are applying in order and for not having them in order, not having analyzed the risks and not having taken measures, they can face really hefty fines. So this is really a systemic approach throughout the EU, and it's a forward looking approach on more urgent measures. Um, another element that was raised, what we shouldn't forget is that there's also the possibility of court orders and of consumer authority orders. So the DSA foresees that courts adopt orders to take products away from consumers immediately take them down. And if they do so, the system is that they alert the digital services coordinator that this digital services coordinator also shares this information with the others, and that we have an effective system throughout Europe, which connects the dots and makes sure that the platforms live up to their responsibility to respect those court orders. So this is all in order to show that it is it is an effective system.”
Digital platforms liability for harmful and illegal content · EU rules on digital competition · Interoperability requirements for digital platforms
- “And in this context, we would also like to, um, to point to a number of issues that I think are really important. And in particular with respect to the, let's say, objections and complaints that are resurfacing in the and unfortunately, in particular in the United States. So there are a number of allegations of which we find it important to highlight that they are unjustified. So it's important to recall that the DMA applies exclusively within the European Union. It has no extraterritorial application in the US or in any other non-European country. Also, it does not advantage or disadvantage any company based on the location of the headquarters of this company, and also the fact that a business presence in the that any company that has a business presence in the European Union has a potential, is a potential beneficiary of the DMA, does not prejudice that. Also non-European companies may benefit from the DMA. This is a point that has also been made, I think, by you and your colleague MEPs in the letter that was sent to the US administration. And this is actually also a point that is relevant in the context of Mr.. Mr. Vance's Paris speech, Where he did not mention the DMA.”
EU rules on digital competition
- “And we are also ready to support more e-commerce task forces that are currently being created in many member states. Also, with respect to the e-commerce communication, it's important to note that we are already quite advanced in the first year of its application and at the end we will be asked to report. This is the overarching framework for the e-commerce communication. And then a little bit more details on our ongoing enforcement actions under the DSA. So you may remember that we have some investigative actions with respect to AliExpress, Teemu and Shean. So on 16th June 2025, this was last week only. We succeeded in having the Commission adopting a decision concerning preliminary findings with respect to the dissemination of illegal products on AliExpress. So these are what we would call a statement of objections or preliminary findings concerning the occurrence of illegal products, and the fact that we said on a preliminary basis that AliExpress is not doing by far not doing enough to prevent this illegal product appearing on its systems. We were also able to close the case with a whole series of commitments that AliExpress volunteered, and that are very important also as a kind of benchmark for how we see things and those commitments concerned, for instance, access to data by researchers. It concerns their transparency of their advertising systems.”
Digital platforms liability for harmful and illegal content · EU rules on digital competition · Liability for online marketplaces
- “So indeed, the DSA is fully applicable as of the end of August 2024. So that means that Sheehan has to comply with the most stringent obligations, meaning risk assessment, mitigating measures, audit reports. Part. So since the beginning, Sheehan has proactively reached out to the commission and asked for meetings even before it was designated. So there were two meetings to begin with and also five meetings since Sheehan's designation. So they concerned mainly Sheehan's compliance with the DSA obligations and Commission's questions following also request for information. So they submitted all the required reports under DSA to the Commission on Time, including their risk assessment reports and the audit reports. So, um, regarding the enforcement actions that we took, we sent two formal requests for information, one in June 2024 and one in February 2025. They concerned a range of questions, among which the question whether Sheehan was not complying with its obligations under the DSA with respect to the identification of traders that sold products on its platform. So the know your business customer rules and also the question of whether they had their systems in place with respect to illegal content. And, um, uh, products on their marketplace. Also, the transparency of their recommender systems and access to data by researchers. So for Sheehan, we did not yet open proceedings as we did for the others. And this is also a matter of, you know, you can only do so much at the same time.”
EU rules on digital competition · Liability for online marketplaces · Recommender systems
- “So basically, if the platforms comply with these guidelines, they normally are compliant with the DSA. If they're not they have a story to tell. So in that sense they are not binding. But they make a strong case for platforms that they need to comply with these rules in order to be compliant with the law. So, um, these guidelines have a broad scale. So first of all, they also address age restrictions that are reinforced by age verification. And what we essentially say is there is a category of high risk platforms of which we say they should be restricted for children under 18 years old, and there should be a reinforcement by age verification that applies to pawn platforms, to platforms that have alcohol, for instance, also gambling platforms. And it applies to all platforms that have content of which member states have legislated that that content should not be accessible for children below 18 years old. In those situations, we say there needs to be age verification. So this issue is addressed in the guidelines. Now, for all the content that does not fall in this special harm category. We essentially say, well, first of all, platforms often have their own rules in their terms and conditions. So most of the platforms that are accessible for children have an age restriction for 13 year olds.”
Privacy & detection of online child abuse · Digital platforms liability for harmful and illegal content · Safety features & content control for child protection online
- “So they need to check whether they are still allowing the advertising of products that are illegal. They need to assess it and they need to take measures. So we are following up on that. And one of the commitments that AliExpress entered into was to make sure that the illegal products are no longer advertised on their platform, so you can check the commitments with respect to that. Um, then um, one thing was, um, users do not know this and prices are very competitive. That's true. Users may not always be the best place to notify a platform that the products are illegal. But also consumer associations can make such notifications also. For instance, um, you know, market surveillance authorities can do that or retailers associations. And in some cases they can be appointed as what we call trusted flaggers, which means that they have a special status. If they identify illegal content, they are entitled to have a fast treatment by the platforms. So we have systems in place whereby not only users but also like associations, can notify the platforms of illegal content and then the platforms need to act quicker. So let me leave it at this and then move maybe on the CPC network to my just colleagues.”
Digital platforms liability for harmful and illegal content · Liability for online marketplaces · EU restrictions on unfair commercial practices
- “Then it also concerns the so-called notice and action system, which is the system that allows users to say that they have found illegal products on the platform, and also the protection of minors and the transparency of sorry of Sheehan's recommender system. So these are all elements we are investigating, and it's important to underline that what we do with the DSA is we're investigating systemic infringements. So we are not investigating whether there was one unlawful toy or one unlawful cosmetics product sold on the market. This would be for national courts in particular to do. But we are investigating whether she in in this case, has its systems in place to identify what are unlawful products and also to prevent that such unlawful products and reappear or are sold by other traders. So it's a systemic approach. And then to answer a bit the question why is it taking so long? So now if, of course, there can be legislation that says the commission can prohibit platforms in Europe, we could say tomorrow, then we can prohibit TikTok, or we can prohibit AliExpress or Teemu, this this legislation is conceivable. Maybe a kind of this legislation was used in the United States, but in Europe we don't have that legislation. I mean, the legislation that we have that was developed by the European Parliament and the Council is legislation that says we may be able to take measures against platforms if they don't have their systems in place.”
Digital platforms liability for harmful and illegal content · Liability for online marketplaces · Recommender systems
- “So these are quite intense discussions where we really want to get the facts to the surface. So we are doing the same with respect to AliExpress. And there the situation is even more advanced in the sense that we issued preliminary findings, but also AliExpress came forward with certain commitments. And so this was a whole series of commitments which did not go to the core of the illegal products, where the case continues. So the investigation continues. But they took a lot of measures with respect to transparency, recommender system, the ad repository, the access by researchers. And actually also AliExpress entered into a commitment with respect to the occurrence of products that were harmful to minors. So on the protection of minors, what they do with the products that could be harmful to minors is they blur the picture, and then you can only access if you can verify testify that you are above 18 years old. So this is a commitment that we accepted. Um, so, um, this goes to show that we are already more advanced in these investigations. Now the question occurs whether we should also do a similar investigation with respect to Sheehan. And we are reflecting on that. So also based on the events of last week. But of course, as I was saying, that can happen if there is a systemic non-compliance issue and that needs to be investigated because we want to be fact based, but we hear the calls and we also take them very seriously. So we will look at this.”
Digital platforms liability for harmful and illegal content · Liability for online marketplaces · Recommender systems
- “So the situation, as we understand it in France is that this has indeed been asked from the tribunal. There was a hearing scheduled last week that was postponed and tomorrow the hearing will continue. This is where the government asks a ban, and the public prosecutor is now asked to take over that request. So we're waiting also for what is going to happen there. We are in close contact with the French authorities, in particular with the DGs CCF. What we find very positive is that this is basically the DSA at work, because there are individual findings of products that do not comply. The market surveillance authorities have taken action. They have involved the court and also, importantly, they have involved the digital Services coordinator. Arcom and Arcom sent the evidence to the other digital services coordinators so that in other member States, they can see whether also government action, market surveillance action or court action is necessary. This is the system at work. Now we are assessing where in contact with them. We're in contact also with the Irish, the digital services coordinator who is in charge also of the control for more individual actions. Yes. And so we have sent this request for information in order to assess whether there is a systemic breach. If there's a systemic breach, we would certainly open proceedings. Let me stop at this.”
Digital platforms liability for harmful and illegal content · EU rules on digital competition · Liability for online marketplaces
- “So at the same time as the commitments were accepted in June, we had preliminary findings, um, establishing that we think that AliExpress has also breached its obligations with respect to the dissemination of illegal products. So this has been an extensive examination, um, just to remember the time frame in April 2023. Aliexpress was designated in August 2024. The obligations applied, we sent several requests for information, and then we opened proceedings in March 2024 and one year after, in June, we came to the preliminary findings and to the decision accepting commitments. If you then look at what we found in the preliminary findings, this concerns whether AliExpress did its content moderation in the right way, whether they were effective in how they sanctioned and imposed penalties on retailers that did not comply, whether there were products that were illegal that re-emerged, and retailers that were rogue, that also re-emerged. So these are typically investigations that require a lot of time, that require testing, that require understanding their systems. And it was already in slightly more than a year that we were able to preliminary conclude that they were not meeting the bill. We are now continuing this investigation. With the possibility to to conclude. So, um, sorry. Um, so there's a translation problem. No.”
Digital platforms liability for harmful and illegal content · EU rules on digital competition · Liability for online marketplaces
- “Yes. Good morning and thank you very much for the invitation. I'm very happy to clarify where we are on the DSA. Also very good to have all the other DGs now around the table so you get a full picture. And you also can see how the DSA fits into the wider landscape. So um, indeed, we also duly note the resolution of the Parliament that we need to do more to protect EU consumers, um, against the practices of certain e-commerce platforms. And also, we welcome today's discussion in that framework. So I will now indeed be able to really restrict myself to what we have been doing under the DSA and with respect to e-commerce, um, you know that we have already taken a number of concrete enforcement actions. And one example is AliExpress, where they have been preliminarily found in breach of the obligation to assess and mitigate their risks of illegal products. So in particular, in June 2025, we have, first of all, accepted and made legally binding certain commitments that AliExpress engaged into. They related to complaint handling mechanisms, the transparency of advertiser and recommender systems, also the traceability of traders, and also measures to address the visibility of adult items. So things like the dolls that were intended not for children but for adults. So these these products are now blurred on AliExpress platforms. So also for these commitments, we um, installed a trustee, a monitoring trustee, who is now reporting to us on whether AliExpress is complying with its commitments.”
Digital platforms liability for harmful and illegal content · Liability for online marketplaces · Recommender systems
- “Sorry. Okay. No, I think I mean, it's still a very useful debate. It's good to hear your calls. You represent society. It's a call from society to work hard, and we will do that. I also take your example. I do think you need to take those cases case by case. I think if you are in a in a food company, it's possible that there's a contamination and you need to close the whole plant. If you find individual products, maybe there's a situation you need to close down the whole platform. But that will not always be evident for a court. So we will have to take that case by case and see what is necessary. So just to say that, and I am happy to hear that you have, um, taken note of this answer. We work with the tools that we have. I mean, if you compare with the US or compare with China, they have legislation where they basically take over a whole platform. What was done with TikTok is moving TikTok into American hands. Your legislation doesn't say that. So we work with what your legislation tells us to do.”
Digital platforms liability for harmful and illegal content · EU rules on digital competition
- “And that should already bring immediate results in the detection of unsafe and illicit products. It would also bring invaluable information, for instance, on risk profiles and some of the online marketplaces. But at the same time, my directorate, my department would also be very interested in such insights when supervising the application of the Digital Services Act rules by the very large online marketplaces. So, as you know, we are supervising the systemic compliance with the rules of the DSA. The platforms that we are supervising need to have the systems in place to react appropriately to the incidents that will be signalled by the market authorities, and it will be very good for us to have the evidence that can allow us to check whether the systems are indeed, as we would expect them to be. So this is the type of hands on cooperation that we have in mind to continue a bit about the Digital Services Act. But from the discussion, I know that many of you are very much familiar with the legislation that we are enforcing. It's a clearly important tool in the toolbox for the online part of the problem, and that is because it sets clear obligations and responsibilities for online marketplaces, and it seeks to ensure that traders can only sell products that are compliant with the relevant product, safety and other rules in the European Union. Now, I will not summarise all the rules, but I do want to stress a few of the key elements that are particularly attentive to that we are attentive to when we are supervising the application.”
Digital platforms liability for harmful and illegal content · Liability for online marketplaces · EU restrictions on unfair commercial practices
- “And one of the central elements for what is called rogue sellers often is the know your business customer obligation. Online marketplaces have to gather certain information about traders, like their identity or their trade registration details, before such traders can even offer their products on the platform. They should also make best efforts to assess whether the information is reliable and complete. So that means that they need to do this screening on who is on their platforms. And actually this information needs to be there today. Today is D-Day for the platforms because they have to have not only the newly entered retailers, but also everybody who was already on that platform today comply with those rules. And you can see how such rules can dissuade a rogue seller from using a platform, but also how this information can help in the enforcement of the law against the sellers who still offer illegal goods. And we actually already have the first judgment or not judgment, but let's say judicial case in Germany, where a consumer association succeeded in forcing one of the platforms to put up this information so that this association was easier capable of finding the retailers who were putting on the illegal products. So marketplaces also have to take other measures against illegal goods, and they have to, for instance, perform random checks against databases and diligently analyze the reports that they receive from users.”
Digital platforms liability for harmful and illegal content · Liability for online marketplaces · EU restrictions on unfair commercial practices
- “This doesn't go to say that other measures should not also be considered, but the DSA has a logical and effective system. Then about um, let me see. Uh, the applicability to medication. The DSA applies to medication. So, um, medicines can be sold unlawfully. They can also by themselves be unlawful. We expect the platforms to do a risk assessment for the sale of of unlawful products, which can be unlawful medication, and also if they detect that illegal drugs are sold through their platforms to take measures. And we are actually checking that already in the cases that we have now. So then, um, I have mentioned the court orders. Are we quick enough? This is a difficult assessment. I mean, of course, if you have the law in place, you would like to see tomorrow a decision. But we need to collect a file. We need to have the evidence. We need to listen to the platform to what they are saying. And only then can we adopt a decision. And then we have to make sure that it stands up in court. So the case against Teemu was opened in November. So we have teams working on Teemu on AliExpress like 24 hours a day and we're working very hard. We are advancing but we can't do this in a few weeks. It needs to be done in a in a thorough way, thorough way. This is unfortunately the reality. But of course, again.”
Digital platforms liability for harmful and illegal content · Liability for online marketplaces
- “Yes. I'm happy to to react also to the first comment and question. So, um, this is a fair comment. Of course. And uh, so you are very right that we now need to analyze also these relatively recent reports that came out in particular on the large percentage of, uh, non-compliant products. I mean, there's two things to be distinguished. One is that, you know, there will always be individual situations where non-compliant products are found, and they do not always point to a systemic issue. Also, I mean, there's no such thing as perfect compliance. I mean, even for the ideal platforms. And maybe there are some. Also, at national level, there will always be incidents where there are products that go through the maze. That doesn't mean that there is a there's an issue of systemic noncompliance. But here we are working with the French authorities also to see whether there is such an issue. Now, with respect to these recent reports, I mean, it's important to note that we could almost have the same discussion with respect to Temu and AliExpress, where also such reports are appearing. And you may know that on Temu we opened proceedings and we already issued preliminary findings in July. We are on one of the one of the elements of the case, which is an insufficient risk assessment. And we are also looking at all the other elements. So this is part of an intense investigation with our case team, where we have data scientists who are carrying out tests on whether what the platform is claiming with respect to its measures concerning the prevention of illegal content is actually true.”
Digital platforms liability for harmful and illegal content · EU rules on digital competition · Liability for online marketplaces
- “Yes. Good afternoon. Thank you very much, Miss Cavatina. Cavatina for and for the honorable members of this committee for inviting me again to, uh, to speak about our work with respect to the DSA. And thank you very much for having this public hearing. So that also we benefit from the opportunity to listen to the members of the committee, but also to the guests who are invited. So it gives me the opportunity to share with you our strategy for addressing the challenges that we see in e-commerce. And actually many of the elements that are part of our strategy have already been mentioned, but I will still maybe gloss over them. So first of all, it's important that indeed e-commerce is a sector of strategic importance both in Both in bringing to consumers convenient and safe and high quality products, but also in supporting competitive businesses in the EU. So if we think of all the sellers that reach consumers online, but also all the marketplaces that have emerged, and we are of course today discussing in particular the non EU players, but there are fortunately also many EU players that are almost reaching the standards of very large online platforms. So we also are very much aware of the challenges that need to be addressed. I mean, you have heard many figures already in my notes. I have the fact that the imports of low value goods such as fast fashion, clothing and toys and cosmetics have more than doubled and reached today 4.6 billion.”
Digital platforms liability for harmful and illegal content · EU rules on digital competition · Liability for online marketplaces
- “Thank you very much, Mr. Cavallini. And also a pleasure to come here again to explain what is the state of play of our work with respect to e-commerce and in particular with respect to Shein today. So I will cut off and then Angelo will kick off and Angelo will take over. So the overarching framework is, of course, the e-commerce communication of February this year, in which we very much laid down, that we think that there should be a comprehensive and coordinated approach between commission services and also between commission services and national services. So this communication includes very important tools like the customs reform, including the introduction of handling fees, which are currently, as I understand, in Trilogues. Also, it has a proposal to come with an IT solution, which means merging the databases of the various commission and national services. And also to introduce so-called product passports more in the long run. And also, of course, then this is where we come in. It emphasizes the need for a strong enforcement action. Including with the DSA. So with respect to the DSA, it's in particular an area where we cooperate with the member states, both also within the commission and with the national authorities. And we take into account in our enforcement work relevant findings within the PCA and the CPC actions and also the digital services coordinators of each member state. I should not forget to say that I have here with me Deborah Beha, who is the head of sector of the enforcement work. So in the context of all this cooperation, the European Board of Digital Services is a very central element because it's a dedicated space that fosters the exchange of enforcement practices and expertise Between the Commission and the Digital Services coordinators.”
Digital platforms liability for harmful and illegal content · Liability for online marketplaces · Product passport
- “And you have very important tools, Commission, to investigate whether these systems are in place and whether they are applied in an effective way. But of course, if we want to apply that legislation, we need to examine. We need to present the facts. We need to then also convey them to the party. And the party needs to have the possibility to react to what we are saying. This is a principle of due process that applies with respect to any enforcement action in Europe, because we have a rule of law in place in Europe. So this is what we are following. We are collecting the evidence. We are establishing the facts, seeing whether there are violations of the legislation. And then we come to, as we did in AliExpress, preliminary findings. This is also the stage where we are in Teemu. We are investigating whether we will come to preliminary findings. So then, um, then the point on, let me see the ban of advertising of products that are illegal. This is one of the risks that the platforms that large platforms have to assess when they are making their risk assessment.”
Digital platforms liability for harmful and illegal content · EU rules on digital competition · Liability for online marketplaces
- “Now, you know that we have already taken plenty of investigative actions. So we have launched informal actions under the DSA with respect to Sheehan very recently, still sending a request for information, but also against Amazon. And we have initiated formal proceedings against AliExpress and Temu. So these proceedings are having their course and you will understand. I mean, it's similar to when you would be investigated by authorities. You would not like the authorities to speak about that in the European Parliament or in any public occasion. So I cannot tell you where we are, but I can tell you that the platforms are cooperating, that we have very extensive exchanges of information and also meetings with the platforms, and that the investigations are proceeding. So these investigations are very good examples for how the DSA and consumer protection law reinforce each other, and how the authorities can leverage their powers for actions. So, as you know, and it has already been mentioned, the Consumer Protection Cooperation Network also has open investigations focusing on the two services. And actually they are quite complementary. So we can work together but also we we complement the work of each other. So I want to still also stress another element, which was so highlighted already a number of times.”
EU rules on digital competition · Liability for online marketplaces · EU competences on consumer protection and product standards
- “Thank you very much. Also, thank you very much for the invitation. Apologies for being late. It came all a little bit unexpected. Also, apologies to the colleagues of DGs just because we had agreed that I would start. But, you know, unfortunately that was not possible and I had to run from another meeting. So basically, under the DSA, I mean, I think what is really important to note already from the beginning that what we are now seeing at work is essentially how the DSA is expected to work on the basis of its architecture that was decided by the legislator. So we see that the French authorities so the Market Surveillance Authority, DGs, and also the courts are asked and are also already taking action with respect to individual situations. So we welcome very much what the French authorities have done. And in the architecture of the DSA, you have the articles nine and ten that really allow and also encourage national authorities to take action on the basis of their national rules. And it's important to signal that that can be any national authority in any member state. So it doesn't need to be the authority of the member state of origin. Or like in the present case, it would be the establishment in Ireland, but it can be any member state who finds anything that is incompatible with its national rules. And that is happening. Now, we were already in contact with the French authorities, and we have understood that the DGs CCF has indeed sent the measures that it took to the French DSC, the digital services coordinator, which is Arkham, and Arkham has shared these materials with the DSC in the other member states.”
Digital platforms liability for harmful and illegal content · EU rules on digital competition · Interoperability requirements for digital platforms
- “But Sheehan, I mean, has a specific feature in the sense that a large part of its activities are also retail activities where Sheehan does not act as an online marketplace, but as a retailer. So in this sense, priority was given to other platforms that are more acting as an online marketplace. So are more, you know, um, the intended companies by the um, Digital Services Act, although the Digital Services Act fully applies to Sheehan two. So, um, uh, following, as I was already saying, following the last events in France, we met the digital Services coordinator and also the CRF. These were very positive meetings where it was clear that on all sides there was a clear intent to cooperate and to also, you know, continue this cooperation in the light of the recent facts. And we also had a meeting with XI in last Friday. I don't know whether you were already able to hear Shane, but I would leave it to them to, to discuss what they what they shared with us then. So I think this is the main things that we wanted to to, to convey. So basically the main conclusion is this is the system at work. We are in contact with the authorities and with Sheehan, and dependent on what follows. From this information, we will have an assessment whether there's also an issue of systemic non-compliance. If that is the case, we may consider to open proceedings.”
EU rules on digital competition · Liability for online marketplaces · Interoperability requirements for digital platforms
- “And then Sian, that is a topic of today. It has been designated as a vlog on 26th April 2024. And the Commission has sent two requests for information on 28th June and 6th February 2025 concerning its notice and action mechanisms. The design of the interface protection of minors, transparency of recommender systems, traceability of traders, compliance by design and the presence of illegal contact and goods on its marketplace, and finally also access to data. So we are in the process of investigating this, but we haven't yet decided to open proceedings. In this context, it is not irrelevant that Sheehan is operating a hybrid business model. So to a large part it is acting as a retailer where it is selling products of its own notion and to a smaller part. It's also acting as a platform that offers intermediary services similar to Teemu and AliExpress. So it's not entirely comparable to the other two. So we cannot, of course, um, uh, share the specifics of the ongoing cases, but we can also say here that we're constantly monitoring Sheen's compliance with his obligations under the DSA, and we will formally initiate proceedings if necessary. So, um, I'm happy to still also enter into the cooperation with DG just but I'm also happy to do that after DG just itself has spoken. And um, so I would actually tend to leave it at this. And then if you have further questions on the cooperation to address those after this.”
Digital platforms liability for harmful and illegal content · Liability for online marketplaces · Recommender systems
- “This is very much about unlawful illegal products that are systematically appearing on the market. So what does the law say? I mean, I didn't invent the risk assessment. It's in the law. The the platforms need to come with a risk assessment and need to come with mitigating measures so we can do the case. But we need to look at what does the platform say itself on, what are the risks and what they have done then? Well, I can tell you that's the dilemma in this case. So they say our products are 95% okay? Then we have reports that say the products are 95% not okay. What do we tell the judge? What do we tell the judge? The judge will have to assess. So we need to make the assessment of who's right here. What are the facts. This is what we're doing. So we are using the tools that are in the legislation to the maximum. So and and we as I said we clearly receive your call, the call of the retailers of the consumers for urgent measures. We are working day and night that I can tell you, but we need to do our job because also the companies and the lawyers are doing their job. If we go tomorrow with the case to the to the court, we will not have a sophisticated case and we will be all of us, one nil behind if a decision gets annulled.”
Digital platforms liability for harmful and illegal content · Liability for online marketplaces · EU restrictions on unfair commercial practices
- “And we also already achieved some results. You remember the TikTok lite decision where we obtained commitments from TikTok with respect to a new platform. And there you can if you if you want to really read more about it, you can very much see our reflections with respect to what we consider to be addictive. Also, for those of you who are followers of what we do, you may have seen that last week we adopted preliminary findings, but also accepted commitments by the platform AliExpress. And also one of the commitments concerned the fact that AliExpress committed to blur pictures that are not, you know, positive to be seen by minors. So um, the guidelines. So and then of course, it was already extensively discussed. This is now followed up by our exercise to have guidelines on the protection of minors. These guidelines built on article 28 of the DSA that is applicable to all platforms. So not only the very large online platforms, but also the smaller platforms that are supervised by the desks. So this means that we are recommending how all platforms need to comply with these rules in order to make sure that they are not violating article 28 that requires a high level of protection of privacy, safety and security for children for all platforms that are accessible for children. So you may say that these guidelines are non-binding, but they are the tool through which the Commission and the Digital Services coordinators apply the DSA.”
Privacy & detection of online child abuse · Digital platforms liability for harmful and illegal content · Safety features & content control for child protection online
- “Thank you very much, Mr. Sabatini. We agreed I think that I go first. We have a limited time, so we will try to be as efficient as possible. Also, great thanks to Mrs. Damaso for her report, which is indeed a very instructive, very complimentary Complementary also. So, as you know, protecting and respecting children and their rights online is a key priority for Mrs. Coonan and also for the commission as a whole. And we share that. That's abundantly clear with the Parliament. So this is reflected in the Better internet for kids strategy, but also the Digital Services Act. It has been mentioned many times already today. This is why we really welcome the reports that you are working on, and we believe that it is very important that the report recognises and builds on the work that is already being done in the enforcement of the DSA. And in this context, I think it's important to note that we are indeed in full enforcement of the DSA. And from that perspective, I would like to signal that it would not be positive if the Commission is forced to do this enforcement with one hand on the back, in the sense that the issues that are already regulated in the DSA that are being enforced are reopened and re discussed again in a new legislative exercise. So this is for us something that should be avoided. But in this context it's also good to realize and I think the report does that, that by far not all harmful content with respect to children is on online platforms.”
Digital platforms liability for harmful and illegal content · Privacy & detection of online child abuse · Safety features & content control for child protection online
- “So there are also other areas where this kind of content is presented. Could be messaging services, but could also be on simple websites, also gambling websites for instance. So there's a lot of space where we can identify gaps. That would be very good candidates for our discussion and regulation. Now, on our enforcement, it's good to know that the Commission opened formal proceedings recently against for pornography platforms in areas linked to protection of minors. And there we were basically asking, what are you doing to to protect your platform from accessibility to minors below 18? And are you having appropriate verifications in place to make sure that these miners are not having access to your platforms. This is now open. We're in full examination with those platforms. And I'm happy to say that also, the digital services coordinators in the member states are engaging in parallel actions to make sure that the smaller platforms are, let's say, prosecuted on the same basis. We also have open cases against prominent platforms like TikTok, Instagram and Facebook on accessibility and age verification, but also an element like addictive design, rabbit holes, algorithmic systems and also privacy protection. So these cases are in full swing and we are working very hard to to get to the next steps.”
Privacy & detection of online child abuse · Regulation of pornography in the EU · Digital platforms liability for harmful and illegal content
- “We say if you do that, then you need to be serious about it, and you need to have systems in place to check whether your users are actually 13 year old. And this is part of the proceedings that we are now following. Apart from that. So first of all, serious about your age gate And then you need to be protected by design. And for those of you who've bothered to read the draft guidelines, there are more than 40 pages. They have like ten pages about all the features that were also mentioned by you today on addictive design, but also on, you know, making sure that children are not accessible by strangers so that there are privacy protective rules on the platform. Also, that the recommender systems listen to what children say themselves and do not by themselves reproduce content. Also, no screenshots should be taken. No geolocation. The autoplay should be off. No push notifications, no excessive loose use of likes and reactions. So if you talk about conveying this pressure that children want to always, you know, fulfill the expectations of the outside world, especially toning down the use of likes and reactions reduces this kind of pressure. So you will find, I don't know how many examples of the rules that we propose for platforms in the draft guidelines. Then we are also working to a robust privacy and friendly and serious age verification solutions.”
GDPR · Recommender systems · Safety features & content control for child protection online
- “You have read about that. We are planning to release that in mid July. It doesn't mean that you will be able to download an app, but it means that the specifications will be available for member States and private players so that age verification can be put in place, which is not using any more data than strictly necessary. And it means that once the age is verified, once you have a token that somebody is older than 18, old data will be deleted. So we think that's the best that can be done in order to protect privacy, then future initiatives, because I don't want to let my colleague wait. So we have a plan on cyberbullying that is in preparation. We work there together with our colleagues from home, I think. And then we will, you know, there's plenty of actions that will be, uh, proposed in this specific cyberbullying plan. We're also working on a social media impact on mental and physical health investigation, together with our colleagues from DG santé. I'll leave it at this. So we welcome the report. It's it's very good to also identify the gaps. But we also want to you and also when you speak to your constituents at home to be aware that much of what we are discussing today is already in the protection of minors guidelines that will in principle be enforced, you know, as soon as possible.”
Privacy & detection of online child abuse · Privacy & law enforcement
- “Yes, thank you very much. Thank you very much for the extensive comments. I mean, I think your messages are very clear and they are clearly received. Um, I hear the emotion that we also hear from consumers, from retailers, and I can only try to, um, hear clarify a number of issues. But I think the emotion and the urgency that you underline are clearly noted. So maybe to to explain a number of issues which are still important to explain. So if we talk about Sheehan and the incidents that took place in France, it is important to note that Sheehan partially operates as an online market and partially operates as a retailer. So the request for information is precisely to get the right numbers here. But if they act as a retailer, they are no different than your SMEs that you are referring to. And it is the same with Mrs. Sarah Laycock, who has done indeed excellent work and who has reacted immediately. But this is not an issue for the DSA. The DSA is dealing with Sheehan as an online marketplace. We're trying to find out what is the issue. So that's the first thing. So if it's a retailer, it's the market surveillance authorities. And that applies to all platforms that act as a retailer. So then if it is about individual occurrences of defective products, it's in principle also for the national authorities. And the commission will look at the systemic effects. So in this case also things went well in the sense that the DG, CCF acted, informed the digital services coordinator and worked together.”
Digital platforms liability for harmful and illegal content · Liability for online marketplaces · EU competences on consumer protection and product standards
- “Thank you very much, Miss Cavazzini. And thank you very much to the Imco members to have this meeting and to all the attention that you are paying to the DMA, and also for even traveling to Washington. And also they're Putting the attention on the DMA and explaining its objectives and its workings. So thank you very much. Um, so despite the recent news that we may be slow pedaling enforcement, we would like to reiterate, as was also stressed in the joint letter by the two IPS, Mrs. Ribera and Mrs. Virkkunen, to the committee that you visited in the US, that we are fully committed to using all our tools available under the DMA to ensure contestability and fairness in digital markets. And as also stressed by the two IPS, we very much share your views about the importance of the DMA for EU competitiveness. We also fully agree with you that the DMA is a key instrument to having a fair and open digital ecosystem that fosters innovation and allows European businesses to thrive. And we also would like to point to several documents in which the Commission has underlined the importance of the DMA, which is, of course, first the political guidelines of our president, Mrs. von der Leyen. Also the mission letters to the two EP's which frame their priorities. Also the recently adopted competitiveness compass that highlights the relevance of the enforcement of the DMA.”
EU rules on digital competition · Competitiveness matrix
- “And we think that that was on purpose, because also the DMA has very positive effects for US companies. And you refer to yourself already to the letter by the company Y Combinator, which is basically written on behalf of Little Tech and Little Tech, but little US tech. And it assembles a lot of companies larger and smaller, which essentially ask the commission to continue its enforcement of the DMA precisely because it's important for US companies. So and in in certain instances, this even includes gatekeepers themselves who stand to benefit from the application of the rules to other gatekeepers. So, um, we should also not forget that among the gatekeepers, there is enormous benefit of the presence on the European market. The fact that the DMA has uniform rules for the whole internal European market has a lot of benefit for these gatekeepers. In this sense, it's relevant that almost nine out of ten Europeans use YouTube. Close to two out of three Europeans use Facebook. More than half of Europeans use Instagram. Two out of three Europeans use WhatsApp. One third of European mobile users have an iPhone, and and Alphabet's operating system is used also by almost two thirds of all mobile users in Europe. Finally, two out of five Europeans use Amazon store. So this illustrates that our market of 450 million European users is a big asset for the non EU players, so it's relevant that they, through the DMA are able to operate on this market.”
EU rules on digital competition · US-EU tech coordination
- “Then, on the resources, yes, we have a team of moving towards 90 people, which arguably in the magnitude of issues that we are facing is is quite stretching the possibilities to to address all this. I can tell you that we are also working, in particular the colleagues from DG comp with national authorities who are in a way lending a hand in the analysis. But the resource issue is important to us. But this, as you know, has also been signalled by the IPS. And I remember in particular that EVP Virkkunen signalled that to be credible as a leading regulatory authority and to take timely actions whenever necessary. We need to be adequately resourced and at the right scale. This is a matter of credibility and also sustainability. And as Mr. Koonin said at the time, she is ready to explore all possibilities in that regard. So let me also thank you for the support that you are expressing, which is very important for us also at the technical level, and it's very good that you are behind the enforcement actions and actually also urge us to go even faster than we can. But with the team, I can assure you we are doing the maximum that we can.”
Transparency requirements of EU institutions · EU Competition policy
- “Can, I can maybe I would then wrap up with this signalling and then we can leave it to others. So what we find also very important is the digital tools that I mentioned in the communication. And they are intended to have a modern and resilient and also comprehensive EU wide supervisory toolbox. And in particular we are working on the digital product passport, which we see very much as a tool for the future, to make sure that products don't even get shipped if they don't have a passport. Ai tools we find very important to have web crawlers that can find the right products, and we are also working on a project in which we will share databases, make the databases interoperable so that everybody can exchange the relevant data.”
Interoperability requirements for digital platforms · Product passport
- “The national authorities and the courts are much better equipped to look at individual incidents. You know, I have the Dutch nationality. I saw yesterday that in the Netherlands also a court acted against the pedo pornographic dolls. So this is what they're equipped to do. And they acted. And these dolls have been removed in the Netherlands. So, um, uh, what we can of course do and this is what your call is, you can take interim measures, but there what we need to establish is that there is urgent harm to users. And also if we take measures, they need to be limited to what is necessary to limit the harm. So I don't want to have an extensive debate, but there's a serious question whether closing down a platform is proportionate to a number of those that have been found on the platform. So then we're talking about if we use the DSA, it is very much using the tools that you have agreed in a time when we did not very much have temu AliExpress the other platforms. I mean, what is very important is to note that this legislation is not intended to address problems that have to do with a flood of products, or with the low prices of products, or with the competition elements of that. There would be other tools that could be, you know, the distortion of the market is rather a trade issue.”
Digital platforms liability for harmful and illegal content · Liability for online marketplaces · Privacy & detection of online child abuse
- “So this is basically the Digital Services Act at work. And now it is also for the DSC and the Member States to see with their authorities whether they feel that the measures are necessary. And now it's also a question for the Commission to establish whether there is a systemic issue, whether there's a systemic issue in the sense that Sheehan did not organise its systems or its algorithms or its interfaces in a way that this illegal products could be prevented. So so this is, I think, the important element to signal and also that basically this is the DSA at work. But the DSA also offers and that is exceptional in the world to the French authorities to find out who are actually the retailers after or behind these this illegal products. So for the first time, the authorities are able to identify which companies are behind that. And also that can be part of the orders. So that's an important element to establish. I mean, this is DSA at work and this is also the way it was intended to work. Now what is the Commission's involvement? I mean, basically, you know, you know that Sheehan is a very large online platform. It was designated as such in April 2024 because it has more than 45 million active users in the EU, and the most recent number is more than 145 million users.”
Digital platforms liability for harmful and illegal content · Liability for online marketplaces · Interoperability requirements for digital platforms
- “Also the transparency of its recommender systems. So more than one system and also it's known as an action system. So these are important tools under the DSA. And for everybody of you who's interested in how we want those tools to work. You can read the commitments decision, which will be available soon, and which shows you what we accepted as sufficient on those areas, from those areas, from AliExpress. But as I already said, the investigation remains open for the most serious allegations, which is AliExpress does not have its systems in place to address the fact that there is very many illegal products occurring on its platform. So this is AliExpress, where we had another milestone last week, but we are also continuing our investigation with respect to Timu, against which we opened formal proceedings on 31st of October, just when the rules apply to them. And also there we want to assess its compliance, in particular with respect to the sale of illegal products, but also the potentially addictive design of its service and also the systems that are used to recommend purchases to users and data access for researchers. So this investigation with respect to Tamu is conducted in parallel to the CPC investigation that our colleagues just will speak about. So this investigation is still in full course. We're dealing with it with absolute priority. We know also the importance attached to the investigation by the European Parliament, but also by national retailers organisations, national consumers associations. So we are taking this very seriously, and Deborah has a full team that is working on it on a daily basis.”
Digital platforms liability for harmful and illegal content · Liability for online marketplaces · Recommender systems