European UnionAn online marketplace sold me a counterfeit product. Is the platform responsible?
Yes, online marketplaces in the EU can be held liable for counterfeit products sold by third-party sellers if they fail to act promptly after being notified or if they play an active role in the sale.
What the Law Says
EU law sets clear rules on when online marketplaces are liable for counterfeit goods sold by third parties. The key provisions come from the E-Commerce Directive and updated enforcement rules.
Under the E-Commerce Directive (2000/31/EC), online platforms benefit from a 'hosting exemption' — meaning they are generally not liable for illegal content posted by users — but only if they do not have actual knowledge of illegality and act expeditiously to remove it once aware.
This exemption does not apply if the platform plays an 'active role' — such as optimising listings, promoting products, or handling logistics — which may make it a co-responsible party.
Regulation (EU) 2019/1020 strengthens enforcement: it requires online marketplaces to verify and store information about sellers, respond to notices of non-compliant products within 14 days, and cooperate with national market surveillance authorities.
Importantly, the Regulation applies to all products covered by EU harmonisation legislation — including trademarks, consumer safety, and product compliance rules.
Statutory TextWhere an information society service provider stores information provided by a recipient of the service, the provider shall not be liable for the information stored at the request of a recipient of the service, on condition that: (a) the provider does not have actual knowledge of illegal activity or information and is not aware of facts or circumstances from which the illegal activity or information is apparent; or (b) the provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.
— Directive 2000/31/EC, Art. 14(1) — Liability of intermediaries
Statutory TextOnline marketplaces shall ensure that they have procedures in place to respond to notifications concerning non-compliant products without undue delay and no later than 14 days after receipt of the notification.
— Regulation (EU) 2019/1020, Art. 3(2)(e) — Obligations of online marketplaces
What Courts Have Said
The Court of Justice of the EU has clarified when platforms cross the line from neutral host to liable participant.
The CJEU ruled that eBay could be liable for trademark infringement where its promotional tools (e.g., sponsored links, keyword advertising) contributed to counterfeiting — going beyond mere hosting.
The Court confirmed that Amazon’s involvement in storage, packaging, and shipping gave it sufficient control over goods to potentially trigger liability — especially if it presented itself as the seller.
The Court held that Amazon could be considered a ‘co-trader’ where its branding, pricing control, and fulfilment services created the impression it was selling the goods — making it jointly liable for counterfeit sales.
What to Do
Gather evidence: save screenshots of the listing, order confirmation, product photos, and any communication with the seller or platform.
Send a formal notice to the marketplace citing the counterfeit nature of the product and requesting removal, refund, and seller information — keep proof of delivery.
If unresolved within 14 days, report to your national market surveillance authority (e.g., UK Trading Standards, German Bundesamt für Verbraucherschutz).
Consider filing a complaint with the European Consumer Centre (ECC-Net) for cross-border disputes.
In serious cases, consult a lawyer about civil action — especially if the platform ignored repeated notices or misrepresented itself as the seller.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.