EU's Toy Safety Revisions Criticized for Undermining DSA, GPSR Definitions
EU legislators are facing criticism for revising toy safety and packaging rules, which contradicts the clear definition of online marketplaces set by the Digital Services Act (DSA) and General Product Safety Rules (GPSR). This move, according to critics, undermines the structural evidence basis for introducing new obligations for online marketplaces.
The EU is currently discussing reforms such as the DSA and DMA, which could significantly alter the understanding and responsibilities of online marketplaces. These reforms aim to enhance consumer protections, increase platform transparency, and impose stricter regulations on content and commerce. However, the recent revisions to toy safety and packaging rules depart from the existing categorisation of online marketplaces, creating unnecessary legal uncertainty.
The DSA and GPSR introduced a clear, horizontal definition of 'online marketplaces', recognising hybrid business models and separating responsibilities based on access to products. This definition makes sense as it aligns with the average consumer's understanding. Critics argue that there is no valid reason to depart from this existing categorisation.
The EU should await the full implementation and enforcement of the DSA and GPSR before introducing new rules. The revision of toy safety and packaging rules, which contradicts the definition of online marketplaces, should be based on structural evidence, not political points. This will help maintain a clear legal framework and avoid unnecessary uncertainty.
