Together with eight European business associations, Toy Industries of Europe (TIE) is joining forces to call for action to close the loophole that allows illegal, unsafe and counterfeit products to reach European consumers.
Dangerous and counterfeit products continue to reach EU consumers online. The latest EU safety data shows that the scale of the problem remains significant and is at a record high.
For legitimate businesses operating in the EU, a coherent and enforceable legal framework is essential. Yet new online actors are playing an increasingly active role in how products are advertised, promoted and sold online. At the same time, enforcement remains reactive and inconsistent across Member States.
The upcoming Digital Services Act (DSA) evaluation and the upcoming European Product Act (EPA) provide an opportunity to give online intermediaries clear responsibilities to help prevent non-compliant products from reaching consumers. TIE and its partners are calling for:
- Tackle the problem at its source: Shift from reactive enforcement to prevention and stop non-compliant products before they reach EU consumers.
- Ensure effective enforcement: Ensure the DSA is fully and consistently enforced across all Member States, with legitimate manufacturers recognised as trusted flaggers.
- Extend the scope of the current framework: Cover all online intermediaries that enable, promote or facilitate the sale of products to EU consumers.
- Introduce an “Earn Your Exemption” principle: Require online intermediaries to take certain proactive measures before being able to benefit from liability exemptions.
- Reinforce the Know Your Business Customer (KYBC) principle: Ensure platforms and intermediaries verify, identify and ensure the traceability of the traders they serve.
We call for an ambitious and coherent liability framework that gives online intermediaries clear responsibilities, shifts enforcement from reactive to preventive, and stops non-compliant products before they reach the EU market.
Read the full joint industry call here.
