German fashion retailer Zalando surprised everyone by filing a lawsuit challenging its designation as a Very Large Online Platform (VLOP) by the European Commission under the EU Digital Services Act (DSA).
The company argues that the EU did not take into account the majority retail nature of its business model and that it does not present a "systemic risk" of disseminating harmful or illegal content from third parties. Zalando is contesting its inclusion as a VLOP, which carries extra obligations to manage systemic risks. The new rules under the DSA are expected to apply from January 1, 2024.
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