Marketplace RegulationExplainerJul 16, 2026, 8:21 PM· 6 min read· #2 of 2 in shopping

The Marketplace Reckoning: How the EU's Digital Services Act is Forcing Amazon and Temu to Verify Sellers and Ban Unsafe Products

A sweeping new European Union law is forcing major e-commerce platforms to verify third-party sellers and aggressively police unsafe goods, backed by the threat of massive global fines.

By Factlen Editorial Team

Consumer Protection Advocates 30%E-Commerce Platforms 25%European Regulators 25%Compliant Third-Party Sellers 20%
Consumer Protection Advocates
Advocates argue that platforms must be held strictly liable for the physical harm caused by the products they facilitate.
E-Commerce Platforms
Platforms acknowledge the need for safety but highlight the massive logistical challenge of verifying millions of global sellers.
European Regulators
Regulators view the DSA as a necessary tool to force tech giants to internalize the costs of consumer safety.
Compliant Third-Party Sellers
Established sellers welcome the strict new verification rules as a way to eliminate unfair competition.

What's not represented

  • · Small independent e-commerce platforms struggling with compliance costs
  • · Overseas manufacturers facing new export barriers

Why this matters

For years, consumers have risked purchasing dangerous, unregulated products from anonymous overseas vendors. The DSA fundamentally changes this dynamic, ensuring that shoppers can verify exactly who they are buying from and holding platforms financially responsible for the safety of the goods they sell.

Key points

  • The EU's Digital Services Act forces major online marketplaces to verify the identities of all third-party sellers.
  • Platforms must collect business registration, tax IDs, and direct contact details before allowing vendors to list products.
  • The European Commission recently fined Temu €200 million for failing to adequately police unsafe goods like toys and chargers.
  • Marketplaces face maximum penalties of up to 6% of their global annual revenue for non-compliance.
  • The new rules aim to eliminate anonymous selling and protect consumers from dangerous, unregulated imports.
€200 million
Fine levied against Temu in May 2026
6%
Maximum DSA fine (percentage of global revenue)
152 million
Illegal items seized by EU authorities in 2023
€150
Low-value parcel duty exemption being eliminated

The era of the anonymous third-party seller is coming to an abrupt and highly regulated end. For years, consumers navigating the world's largest e-commerce platforms have faced a digital wild west, where ultra-cheap goods from untraceable overseas vendors flooded the market. Shoppers routinely encountered a paradox: the convenience of one-click global retail paired with the risk of purchasing unregulated, counterfeit, or physically dangerous products from sellers who could vanish the moment a safety issue arose. Now, a sweeping regulatory overhaul in the European Union is forcing a fundamental redesign of how online shopping operates, transforming these massive platforms from passive digital bulletin boards into active, legally responsible gatekeepers.[6]

The catalyst for this permanent shift in the retail landscape is the Digital Services Act (DSA), a landmark legal framework that places strict new accountability standards on the internet's most heavily trafficked destinations. Under the law, major marketplaces—including Amazon, Temu, Shein, and AliExpress—have been officially designated as "Very Large Online Platforms." This specific legal classification strips these tech giants of their traditional defense that they are merely neutral intermediaries hosting third-party content. Instead, the DSA dictates that if a platform facilitates a transaction, it bears a significant degree of responsibility for ensuring that the underlying product and the seller offering it comply with regional safety and consumer protection laws.[6]

The centerpiece of this regulatory crackdown is a strict "Know Your Business Customer" mandate that fundamentally alters the onboarding process for digital merchants. Historically, bad actors could easily spin up new storefronts using little more than a disposable email address and a prepaid debit card, allowing them to evade accountability and simply reappear under a new name if their products were flagged. Under Article 30 of the DSA, that loophole is permanently closed. Marketplaces are now legally required to collect, verify, and maintain essential information about third-party sellers before a single listing is allowed to go live on their platforms.[3]

Under the DSA's 'Know Your Business Customer' mandate, anonymous selling is no longer permitted.
Under the DSA's 'Know Your Business Customer' mandate, anonymous selling is no longer permitted.

The new verification requirements are exhaustive and designed to pierce the veil of digital anonymity. Sellers must provide verified business registration documents, official tax identification numbers, physical operating addresses, and direct contact details, including phone numbers and email addresses. Furthermore, they must self-certify that the products they intend to sell comply fully with European Union law. If a vendor fails to provide this documentation, or if the provided information cannot be verified, the platform is legally obligated to suspend their account immediately. This transparency mandate is already altering the consumer experience; shoppers browsing Amazon Europe or Temu can now click on a seller's profile and see exactly who they are buying from and where the business is headquartered.[3]

The stakes for the platforms are existential, as the DSA empowers European regulators with enforcement mechanisms designed to command the attention of the world's largest tech conglomerates. The law allows authorities to levy fines of up to 6 percent of a company's global annual revenue for severe non-compliance. Regulators are not waiting to test these new enforcement powers. In late May 2026, the European Commission issued a landmark €200 million fine against the Chinese shopping giant Temu, marking one of the most significant enforcement actions under the DSA to date.[1]

The law allows authorities to levy fines of up to 6 percent of a company's global annual revenue for severe non-compliance.

The Commission's investigation into Temu found that the platform's internal risk assessments were woefully inadequate, failing to prevent the widespread sale of dangerous items. Regulators specifically highlighted the platform's inability to police choking-hazard baby toys and fire-prone electronics. The fine sent a clear message that generic, sector-wide risk assessments are no longer acceptable; platforms must provide specific, evidence-based evaluations of how their own algorithms, recommender systems, and influencer affiliate programs might inadvertently amplify the reach of illegal or unsafe products.[2]

The European Commission has demonstrated its willingness to use the DSA's massive financial penalties.
The European Commission has demonstrated its willingness to use the DSA's massive financial penalties.

Temu is not the only platform facing intense regulatory heat. Fast-fashion retailer Shein is currently facing similar scrutiny, with formal proceedings opened earlier in the year over its handling of illegal products and the potentially addictive design of its application. Regulators are investigating whether features like gamified reward systems and countdown timers manipulate consumer behavior while simultaneously exposing them to non-compliant goods. AliExpress previously reached binding commitments with the Commission to overhaul its risk management and advertising transparency, demonstrating that the entire sector is being forced to adapt to the new regulatory reality.[2][5]

The crackdown extends far beyond digital verification, striking at the heart of physical product safety. The scale of the problem is staggering; in 2023 alone, EU authorities seized 152 million illegal items across digital intermediaries, representing billions of euros in illicit trade. Mystery shopping exercises conducted by regulators and consumer protection groups have repeatedly revealed a high percentage of non-compliant goods easily accessible to the average shopper. These investigations have uncovered jewelry laced with dangerous heavy metals, cosmetics containing banned chemicals, and electrical chargers lacking basic safety circuitry.[1][3]

To combat this ongoing threat, the DSA mandates the implementation of a rapid "Notice and Action Mechanism." Platforms must provide an accessible, user-friendly system for consumers and authorities to flag illegal content and unsafe products. Crucially, platforms are required to swiftly remove those listings once notified and must prioritize reports submitted by recognized "trusted flaggers"—organizations with proven expertise in consumer protection and intellectual property rights. This creates a decentralized enforcement network that makes it significantly harder for dangerous products to remain visible to shoppers.[6]

EU authorities are seizing millions of non-compliant items, from choking hazards to fire-prone electronics.
EU authorities are seizing millions of non-compliant items, from choking hazards to fire-prone electronics.

This digital cleanup is being paired with a physical border crackdown that targets the economic engine of ultra-fast fashion and direct-to-consumer imports. In March 2026, the European Union agreed to eliminate the €150 duty exemption for low-value parcels. That specific customs loophole previously allowed billions of ultra-cheap packages to bypass standard scrutiny, fueling the explosive growth of overseas platforms by allowing them to undercut domestic sellers who were already paying for rigorous safety testing and regulatory compliance.[4]

For established sellers and domestic brands who have always played by the rules, the new regulatory landscape offers a significantly more level playing field. The cost advantage of cutting corners is rapidly disappearing as overseas vendors are forced to internalize the costs of compliance, verification, and potential customs duties. Ultimately, the Digital Services Act is rewriting the fundamental rules of global retail, ensuring that the unprecedented convenience of borderless e-commerce no longer comes at the direct expense of consumer safety, market fairness, and corporate transparency.[4]

How we got here

  1. August 2023

    The Digital Services Act officially goes into effect for the first wave of Very Large Online Platforms.

  2. February 2024

    The DSA becomes fully enforceable across all regulated online intermediaries operating in the European Union.

  3. February 2026

    The European Commission opens formal proceedings against Shein over its handling of illegal products.

  4. March 2026

    The EU agrees to eliminate the €150 duty exemption for low-value parcels, closing a major e-commerce loophole.

  5. May 2026

    Regulators issue a landmark €200 million fine against Temu for failing to adequately assess the risk of unsafe products.

Viewpoints in depth

Consumer Protection Advocates

Advocates argue that platforms must be held strictly liable for the physical harm caused by the products they facilitate.

For years, consumer rights organizations have warned that the rapid growth of borderless e-commerce was outpacing product safety enforcement. They argue that platforms have historically profited from turning a blind eye to dangerous toys, toxic cosmetics, and fire-prone electronics, treating safety as an afterthought. From this perspective, the DSA is a long-overdue correction that finally forces tech giants to internalize the true cost of consumer safety, rather than passing the risk onto unsuspecting shoppers.

E-Commerce Platforms

Platforms acknowledge the need for safety but highlight the massive logistical challenge of verifying millions of global sellers.

While major marketplaces publicly support the goals of the Digital Services Act, they emphasize the unprecedented technical and logistical hurdles involved in policing millions of third-party vendors across multiple jurisdictions. Industry representatives argue that while they are investing heavily in automated verification and trusted flagger systems, achieving perfect enforcement is nearly impossible given the sheer volume of daily transactions. They caution that overly aggressive regulatory penalties could stifle e-commerce innovation and ultimately limit consumer choice by forcing smaller platforms out of the European market.

Compliant Third-Party Sellers

Established sellers welcome the strict new verification rules as a way to eliminate unfair competition.

Domestic retailers and compliant third-party sellers view the DSA and the accompanying customs reforms as a massive victory for fair competition. For years, these businesses have invested heavily in product safety testing, tax compliance, and transparent supply chains, only to be undercut by anonymous overseas vendors exploiting regulatory loopholes. By forcing all sellers to verify their identities and adhere to the same safety standards, compliant merchants believe the new rules will restore trust in online marketplaces and reward businesses that prioritize quality over ultra-cheap, disposable goods.

What we don't know

  • Whether the 6% revenue fines will be enough to force structural changes at ultra-fast fashion companies.
  • How strictly platforms will enforce verification for legacy sellers who have been on the platform for years.
  • Whether the US will adopt similar comprehensive marketplace liability rules.

Key terms

Digital Services Act (DSA)
A landmark European Union regulation designed to create a safer digital space by holding online platforms accountable for the content and products they host.
Very Large Online Platform (VLOP)
A legal designation under the DSA for platforms with over 45 million monthly active users in the EU, subjecting them to the strictest regulatory requirements.
Notice and Action Mechanism
A required system that allows consumers to easily flag illegal or unsafe products, forcing the platform to swiftly review and remove the listing.
De Minimis Exemption
A customs rule that allows low-value parcels to enter a country without paying duties or taxes, which the EU is moving to eliminate.

Frequently asked

What is the Digital Services Act?

The DSA is a comprehensive European Union law that regulates online platforms, requiring them to verify sellers, remove illegal content, and protect consumers from unsafe products.

How does this affect my shopping on Amazon or Temu?

You will now be able to see verified contact information and business addresses for third-party sellers, making it easier to know exactly who you are buying from.

What happens if a platform refuses to comply?

The EU can levy massive fines of up to 6% of a platform's global annual revenue, as demonstrated by the €200 million fine issued to Temu in May 2026.

Are these rules only for European companies?

No. The rules apply to any platform that sells to European consumers, meaning global giants like Amazon, Temu, and Shein must all comply regardless of where they are headquartered.

Sources

Source coverage

6 outlets

4 viewpoints surfaced

Consumer Protection Advocates 30%E-Commerce Platforms 25%European Regulators 25%Compliant Third-Party Sellers 20%
  1. [1]The GuardianConsumer Protection Advocates

    EU regulators fine Temu €200m over sale of illegal and dangerous products

    Read on The Guardian
  2. [2]Tech Policy PressConsumer Protection Advocates

    EU Tests Limits of Platform 'Risk Assessments' with €200 Million Temu Fine

    Read on Tech Policy Press
  3. [3]Practical EcommerceCompliant Third-Party Sellers

    E.U. Marketplaces Face Stricter Seller Verification

    Read on Practical Ecommerce
  4. [4]Nova DataCompliant Third-Party Sellers

    EU Agrees to Fine Marketplaces 1-6% for Unsafe Products

    Read on Nova Data
  5. [5]EU PerspectivesE-Commerce Platforms

    Brussels escalates campaign against ultra-fast fashion

    Read on EU Perspectives
  6. [6]European CommissionEuropean Regulators

    The Digital Services Act: creating a safer digital space

    Read on European Commission
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