CJEU confirms Zalando’s status as very large online platform under DSA
The CJEU upheld European Commission designation of Zalando as a very large online platform, confirming it must meet stricter rules under the DSA due to its large user base.
On 25 April 2023, the European Commission designated Zalando, as a ‘very large online platform’ (VLOP) under the Digital Services Act (DSA), noting that over 83 million people used the platform monthly, well above the 45 million threshold. As a VLOP, Zalando is subject to stricter obligations, particularly in protecting consumers and preventing the spread of illegal content.
Zalando contested this designation before the General Court of the European Union, arguing that only its third-party seller section (the Partner Programme) should qualify as an online platform under the DSA, not its direct retail operations (Zalando Retail).
The Court rejected Zalando’s arguments and upheld the Commission’s decision. It ruled that Zalando qualifies as a VLOP due to its Partner Programme. Since Zalando could not distinguish between users exposed to third-party seller content and those who were not, the Commission was entitled to consider all 83 million users as active recipients.
The Court also dismissed Zalando’s claims that the DSA violated legal certainty, equal treatment, and proportionality principles. It highlighted the potential for large platforms to facilitate the distribution of dangerous or illegal goods. As such, Zalando remains subject to the enhanced responsibilities imposed on very large online platforms under the DSA.
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