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Zalando Challenges EU Tech Regulations, Argues It Shouldn’t Be Classified as a Very Large Online Platform

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Zalando, Europe’s largest online fashion retailer, has criticized EU regulators for classifying it alongside major platforms like Amazon and AliExpress under the bloc’s Digital Services Act (DSA). The company argues that its business model is fundamentally different, and thus it should not be subject to the same stringent provisions that apply to the other two tech giants.

The DSA, which came into force in 2022, imposes more responsibilities on very large online platforms (VLOPs) to combat illegal and harmful content, with fines of up to 6% of their global annual revenue for non-compliance. Zalando’s lawyer, Robert Briske, told the General Court that the European Commission had failed to properly recognize the differences between Zalando and companies like Amazon, AliExpress, and booking.com. He emphasized that Zalando operates a hybrid business model, combining both direct retail and a marketplace for third-party sellers, which sets it apart from purely online shops or marketplaces.

Zalando contends that the Commission’s designation of its active users as 83 million is inaccurate. The company argues that only 30.8 million of those visitors qualify as active users in 2023, the year it was classified as a VLOP. Briske stated that this miscalculation was another key issue in the case.

In response, EU Commission lawyer Liane Wildpanner defended the classification, asserting that Zalando’s model is similar to that of Amazon and AliExpress, both of which also offer hybrid services. Wildpanner argued that Zalando was attempting to “have the best of both worlds” by challenging its VLOP designation.

Zalando has garnered support from Germany’s e-commerce association, BEVH, while the European Information Society Institute, the European Parliament, and the Council of the European Union have sided with the Commission. The General Court is expected to issue its ruling in the coming months. Amazon, too, has challenged the Commission’s VLOP designation and is awaiting a hearing date.

Fraud Prevention Software Firm Riskified Explores Sale

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Riskified, a New York-based company specializing in fraud prevention software for e-commerce, is exploring strategic options, including a potential sale, after attracting interest from multiple parties, according to sources familiar with the matter. The company, originally founded in Israel, is working with investment bank Qatalyst Partners to evaluate takeover approaches, with discussions remaining in the early stages.

Potential buyers for Riskified include digital payment processing firms, online shopping platforms, cybersecurity companies, and private equity firms. However, the sources cautioned that a deal is not assured. Following the news, Riskified’s stock price rebounded, surging nearly 9% on Wednesday.

Riskified, which went public nearly four years ago through an initial public offering, is currently valued at around $860 million. The company has faced significant challenges, with its stock plummeting more than 80% from its peak in September 2021 to its close on Tuesday. Despite its success in providing fraud prevention software for retailers, Riskified has not been profitable since its shares began trading.

For the quarter ending December 31, the company reported a widened net loss of $4.1 million, compared to a loss of $3.3 million in the previous year. This financial setback was partially attributed to the loss of several large customers in some of its key sectors.

Founded in 2013, Riskified provides fraud prevention services to e-commerce businesses, helping retailers protect digital transactions from fraudsters. Notable clients include luxury fashion brand Prada, online travel platform Booking.com, and jewelry brand Swarovski.

Shopify Reports Strong Holiday Sales, But Profit Outlook Disappoints

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Shopify (SHOP.TO) experienced its strongest quarterly revenue growth in three years on Tuesday, driven by robust consumer spending and the company’s integration of AI features aimed at supporting its sellers. The Canadian e-commerce giant reported a 31% year-over-year revenue increase, reaching $2.81 billion for the fourth quarter, surpassing analysts’ expectations of $2.73 billion.

The company’s success was fueled by strong holiday sales and the launch of its AI-driven tools, known as ‘Shopify Magic,’ which assist merchants with tasks such as inventory management and image generation. These AI tools are available to all subscription tiers for free, further attracting merchants to the platform.

Despite the strong revenue growth, Shopify’s shares fell approximately 2% in early trading. Investors expressed concerns over the company’s weaker-than-expected profit forecast for the current quarter. The company’s high investments in technology, marketing, and global expansion, coupled with rising cloud and infrastructure hosting costs, have led to concerns about margin growth.

Shopify’s CFO, Jeff Hoffmeister, acknowledged that while these costs may not significantly impact future quarters, the company plans to continue investing heavily in research and development. This expansion strategy includes venturing into new markets, which, while promising, could put pressure on profitability in the short term.

The company’s forecast for gross profit growth in the current quarter—projected to be in the low-twenties percentage range—falls below analysts’ expectations of a 24.2% increase. Additionally, Shopify’s forecast for operating expenses as a percentage of revenue, which is expected to be between 41% and 42%, also exceeded analysts’ expectations, further contributing to investor concerns about potential profitability challenges.