On October 26, 2026, the European Commission published its acceptance of Temu's action plan to terminate a breach of Article 34 of Regulation (EU) 2022/2065, the Digital Services Act, on systemic risks from illegal products on Temu's marketplace. The DIGIBYTE of that day imposes no new fine: the Commission had already fined Temu EUR 200 million in May 2026 for the same Article 34 failure.
EU very large online marketplaces that list third-party goods must immediately reassess the Article 34 systemic-risk assessment for illegal products so it is specific to the service, uses metrics on whether mitigation works, explains moderation-system limits, analyses recommender amplification, and examines how traders can manipulate listings, or they face a Commission non-compliance decision for an Article 34 failure, on the pattern of the EUR 200 million fine already imposed on Temu in May 2026.
- Authority : European Commission
- Entity : Temu
- Measure and amount : acceptance of a corrective action plan, no new fine (EUR 200 million already imposed in May 2026)
- Legal basis : Article 34 of Regulation (EU) 2022/2065
- Decision date : October 26, 2026
- Appeal or compliance window : Temu has four months from the acceptance to implement the plan, and an interim risk assessment covering the period until November 30, 2026
- Official source : Commission DIGIBYTE, October 26, 2026
What happened
Temu submitted the plan in August 2026. From the 26 October 2026 acceptance, Temu has four months to implement the plan. It must also run an interim risk assessment covering the period until November 30, 2026, and has committed to an external audit, with the report due within four months after implementation.
The European Board for Digital Services opined on September 24, 2026 that the changes were only partially adequate and that the plan lacked enough detail. The Commission clarified requirements Temu must apply and will supervise the points the Board found inadequately explained. The same decision is in the press release of October 26, 2026.
The breach
Article 34 requires a very large online platform to identify, analyse and assess systemic risks. Here the risk is illegal products on the marketplace. The Commission issued preliminary findings in July 2025 and confirmed them with a EUR 200 million fine in May 2026.
The accepted plan commits Temu to five elements in the new assessment: a service-specific assessment using current information on design, functioning and use; metrics of whether mitigation reduces illegal content; an explanation of moderation-system limits and their effect on recommended products; an analysis of recommender amplification; and an examination of how traders can exploit listing features. The text is Regulation (EU) 2022/2065.
Who else is in the same regime
EU very large online marketplaces that list third-party goods sit under the same Article 34 duty. Temu's four-month window and the interim assessment until November 30, 2026 bind Temu. They do not move the assessment calendar of the other marketplaces. The May 2026 fine is the monetary pattern if that duty is missed.
What to check now
- Rebuild the Article 34 assessment so it is specific to the marketplace's design, functioning and use, with current data on illegal product listings.
- Attach metrics that show whether existing mitigation reduces the dissemination of illegal content.
- Document the limits of proactive moderation, including automated detection, manual review and resource allocation, and how those limits affect recommended products.
- Measure whether recommender systems amplify illegal listings.
- Test how traders can exploit listing features to spread illegal products, and record that analysis in the assessment.
Continuous, per-jurisdiction monitoring surfaces a Commission acceptance of this kind the moment it publishes.
