The decision of the European Commission to initiate an official procedure against Shein marks a structuring step in the implementation of the Digital Services Act. For Brussels, the Chinese platform becomes the first real case of “life-size” application of the repressive aspect of the regulation, designed to force Very Large Online Platforms to demonstrate that they control their value chains, their algorithms and their moderation mechanisms.
The sequence was triggered by repeated alerts from French authorities, who documented the presence of illegal products, dangerous or prohibited items, as well as explicitly prohibited objects such as childish sex dolls and certain weapons. These reports convinced the Commission that there was a systemic risk for European consumers, paving the way for a request for in-depth information, accompanied by the obligation for Shein to transmit internal documents, procedures and proof of conformity.
The DSA imposes increased diligence on platforms of this size, namely mapping their risks, deploying mitigation measures, ensuring effective protection of minors, preventing the circulation of illegal products and demonstrating the effectiveness of their control mechanisms. So many obligations that are difficult to reconcile with an “ultra-fast marketplace” model based on tens of thousands of atomized suppliers, a continuous flow of new products and massive outsourcing of production.
What happens next will depend on the platform’s response. If the elements transmitted are deemed insufficient, the Commission may open a formal investigation, likely to lead to sanctions of up to 6% of Shein’s global turnover. This prospect places the platform facing a major regulatory risk, at a time when it is preparing an IPO and seeking to consolidate its European presence.
The Shein affair goes up a notch and becomes a political and technical test for Europe.
