Legal battle erupts over EU’s groundbreaking digital rules


  • The Digital Services Act (DSA) is facing its first legal challenge from Zalando, Europe’s largest online fashion retailer.
  • Zalando argues that it’s unfairly labelled as a “very large platform” which incurs extra obligations to tackle online disinformation.

The vanguard legislation of the European Union (EU) crafted to impose stringent regulations on major technology companies, compelling them to intensify content monitoring on their platforms, is now caught in the crosshairs of its maiden legal tussle.

The dispute arose from a claim made by Europe’s premier online fashion powerhouse that it is being disproportionately affected by the new edicts.

A surprising challenger steps forward

Zalando, a German-based company, incited this legal battle on Tuesday by lodging a complaint at the EU’s General Court in Luxembourg.

The company contends that the European Commission, the executive division of the EU, has unjustly categorised it as a “very large platform.” This designation, under the Digital Services Act (DSA), comes with additional obligations to counter digital disinformation.

Interestingly, the initial wave of legal actions was anticipated to be spearheaded by Silicon Valley entities, rather than an unusual tech titan from Europe.

However, Zalando’s action could mark the starting point for further legal challenges from other big tech companies, particularly those mulling over the validity of the recently imposed EU laws.

Navigating the murky waters of the Digital Services Act

The DSA, which becomes enforceable on August 25, represents a significant transformation of the EU’s digital governance, establishing new benchmarks for controlling hate speech, false information, and counterfeit goods online.

It mandates all large digital platforms to adhere to these norms.

The European Commission recognised 19 corporations in April, assigning them specific obligations under the new law. These included prominent social platforms like TikTok and Twitter.

However, Zalando challenges the Commission’s methodology that included the German retailer in this list, labelling it as flawed. The focal point of Zalando’s argument is a perceived inconsistency in their inclusion.

The company indicates that while their website experiences more than 83 million visits each month, less than 31 million visitors are likely to purchase from third-party sellers, a number below the Commission’s 45 million threshold for DSA applicability.

Moreover, Zalando disputes the categorisation that labels them alongside firms frequently seen as bad actors in the digital space. The company asserts that such an association tarnishes their brand image.

Zalando also criticises the Commission’s misunderstanding of its hybrid business model. Over 60% of Zalando’s sales come from selling directly to consumers, with the remaining originating from third-party sellers on their site.

The DSA, in essence, is aimed at intermediaries like Zalando, to enhance regulation over the safety and authenticity of products sold online.

With its legal challenge, Zalando brings the spotlight on the validity of the EU’s classification system under the DSA.

The ongoing legal dispute opens a new chapter in the digital legal landscape, marking the first significant challenge to the EU’s ambitious overhaul of the digital governance system.

Indeed, the unfolding drama will be keenly watched by global tech giants, many of whom have grown increasingly wary of the changing digital regulatory environment within the Union.

The outcome of this case could set a significant precedent for future legal skirmishes against the bloc’s digital legislation.

Ultimately, the verdict in this landmark case will either validate the EU’s digital rulebook or compel it to rethink its approach. Either way, this battle is likely to shape the future discourse on digital regulation in Europe and beyond.

Disclaimer: The information provided is not trading advice. Cryptopolitan.com holds no liability for any investments made based on the information provided on this page. We strongly recommend independent research and/or consultation with a qualified professional before making any investment decision.

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Jai Hamid

Jai Hamid is a passionate writer with a keen interest in blockchain technology, the global economy, and literature. She dedicates most of her time to exploring the transformative potential of crypto and the dynamics of worldwide economic trends.

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