The Communications Networks and Services Agency of the Republic of Slovenia informs the public that on 28 May 2026, the European Commission adopted a decision against the provider of the very large online platform Temu for infringements of the provisions of the Digital Services Act (DSA).
The provider of the online platform or online marketplace Temu, Whaleco Technology Limited, has been fined €200 million and is required to adopt an action plan outlining the measures it will take to remedy the infringements found. This is the second Commission decision under the DSA which also resulted in a financial penalty. In December 2025, Twitter, the provider of Platform X, was fined €120 million, and the process is continuing there too with the adoption of an action plan on certain obligations.
The case against Temu is one of three cases brought by the Commission against online marketplaces. While the case against AliExpress ended last year because the provider quickly committed to additional obligations, the case against Temu has been ongoing for more than a year and a half. The third online marketplace provider, Shein, which like the previous two is originally Chinese, was sued in February this year.
The common denominator of all three proceedings against online marketplace providers is the management of systemic risks. This is an obligation that applies only to very large online platforms (and search engines), and supervision in this area is the exclusive responsibility of the European Commission. Very large providers are required to produce regular risk assessments (at least once a year) assessing the main systemic risks on their platforms. These include both the dissemination of illegal content and negative impacts on, for example, fundamental human rights, public safety and public health. Another part of the systemic risk obligations requires providers to take certain (systemic) measures to limit such risks (e.g. through internal control procedures or adjustments to their terms and conditions). The key point of the whole system is that platforms are not directly responsible for individual content and goods disseminated through them by third parties, but they must put in place certain procedures to limit the risks involved.
In the case of the current decision against Temu, the first part of the obligation was at issue: the provider failed to adequately assess in its annual reports the systemic risks, in particular in the area of illegal and dangerous products (e.g. for children), and the recommendation systems that may contribute to the dissemination of such products. It is important to note that the case against TEMA is broader in scope and continues in other areas, including the assessment of the adequacy of measures to address systemic risks.
The European Commission is paying increasing attention to e-commerce and stresses the importance of coordinated cooperation, both at EU and national level. The Consumer Protection Coordination Network (CPC), in which the Agency participates at national level, has also led the proceedings against TEMA in its substantive area.
Last month, the Agency appointed a trusted whistleblower that can also act in the field of dangerous and non-compliant products, the Slovenian Consumers' Union, which is also a member of the Union of European Consumer Organisations (BEUC).
The Agency also plays a role in the procedures themselves, as a member of the European Digital Services Committee, where it contributes to the adoption of the Committee's opinions in Commission procedures - opinions relating to preliminary findings and to providers' action plans.
