EU Commission accepts Temu's action plan to address DSA breach

27 Oct 2026 EU Commission accepts Temu’s action plan to address DSA breach Temu must review its content moderation, recommendation algorithms and exposure to manipulation by sellers and other users. Source: Created via ChatGPT The European Commission has accepted Temu’s action plan to remedy an infringement of the Digital Services Act (DSA) concerning its assessment of risks linked to illegal products sold through its platform. Announced on 26 October 2026, the decision follows a finding that Temu failed to adequately assess the systemic risks associated with illegal product listings. The plan was submitted in August and sets out five corrective measures intended to improve how the company identifies, evaluates and mitigates these risks. Under the five point plan, i) Temu has committed to conducting a platform-specific risk assessment using reliable and up-to-date information. ii) It will also establish metrics and indicators to evaluate the effectiveness of measures intended to reduce the circulation of illegal products. iii) The company must assess potential weaknesses in its proactive content moderation system, including automated detection, manual reviews, feedback mechanisms and resource allocation, and examine how these limitations could affect the products recommended to users. The remaining measures focus iv) on the role of algorithmic recommendation systems and possible manipulation of the platform. Lastly, it must v) analyse whether its recommender systems could amplify the distribution of illegal product listings and use relevant, reliable metrics in that assessment. As part of the last point, Temu must also investigate how traders and other users might exploit the platform’s features to spread potentially illegal listings more widely. The company has four months to implement the action plan and must conduct an interim risk assessment covering a six-month period ending on 30 November 2026. The European Commission consulted the Board for Digital Services on the proposed measures. In its opinion, the Board considered the changes partially adequate and said the plan lacked sufficient detail to establish fully whether it addressed the infringement. The Commission said it had taken this assessment into account and clarified key requirements Temu must follow during implementation. The Commission will continue supervising the process, particularly in areas where additional information or explanation was considered necessary. Temu has also committed to an external, independent audit of the measures. It must submit the audit report to the Commission within four months of implementing the plan. If the auditor makes recommendations, Temu has to report back within one month on how those recommendations have been addressed. The decision follows a €200 million fine imposed by the Commission in May 2026 after it confirmed that Temu had failed to meet its DSA risk assessment obligations. Why does it matter? This important step in the enforcement of the DSA reflects how the EU expects online intermediary services to follow through with design changes to ensure a high level of protection for consumers in the Union. About author Orla Harris Orla Harris is a Knowledge Fellow with a strong focus on data protection, tracking technologies, cookies, and AI Act compliance. Drawing on her experience at Panteia and Considerati, she is well-versed in legal and regulatory questions at the intersection of law and technology. Related topics Consumer protection Digital business models Legal and regulatory Liability of intermediaries Related processes EU's Digital Services Act (DSA) & Digital Markets Act (DMA) Related actors European Union European Commission Related news OECD publishes Policy Brief on user control and privacy in AI California governor faces renewed pressure over federal broadband funding conditions Poland’s Competition Office orders Apple to amend App Tracking Transparency policy Online betting licences revoked in Brazil following Provisional Measure Italian telecom operators call for broader policy reforms to support network investment Public Consultation on Colorado’s draft ADMT and Chatbot Safety Rules ends