Guides / § Clones & impersonation

The EU fined AliExpress €550m. That will not remove one counterfeit listing of your brand.

DSA Art. 16 Reviewed by Ihor Makushinsky Updated 25 July 2026 5 min read

Direct answer: on 20 July 2026 the European Commission fined AliExpress €550 million for failing to assess and mitigate the risk of illegal, unsafe and counterfeit goods on its platform — the largest penalty issued under the Digital Services Act so far. If your products are being counterfeited there, this is validation, not remedy. The fine punishes the platform for systemic failure; it does not order the removal of any single listing that carries your trademark. That still happens only when someone with standing files.

What the Commission actually found

The decision is worth reading closely, because it describes, in a regulator’s language, the exact experience brand-protection teams have been reporting for years. Per the Commission’s press release and reporting on the two-year investigation:

  • AliExpress’s detection systems did not work properly — many illegal products were never flagged, and some that were identified stayed online for several weeks.
  • The platform did not properly enforce its own penalties against traders selling illegal goods.
  • Product compliance checks could be easily circumvented, including by sellers mislabelling what they were selling.
  • Staffing was inadequate for meaningful review; reviewers reportedly had tens of seconds to decide whether a product met EU standards.

AliExpress has ~193 million users in the EU. It called the fine “disproportionate”, pointed to its “sound risk management framework”, and said it will appeal. It must present a remediation plan by 20 October 2026.

For context on the enforcement trend: Temu was fined €200 million earlier this year over illegal products including dangerous baby toys, and X was fined €120 million last year over deceptive verification. The DSA permits fines of up to 6% of global turnover; against Alibaba’s ~€122 billion, €550 million is a long way below the ceiling.

Why this changes less than the headline suggests

Regulatory enforcement and brand enforcement are different machines. The Commission’s decision addresses systemic risk management — whether the platform has adequate processes. It does not adjudicate whether the listing selling a copy of your product infringes your trademark. No regulator will make that call for you; a fine paid in Brussels does not reach the listing page.

Three practical consequences follow. Remediation runs on a regulatory clock: the action plan is due in October, and any resulting improvement arrives later still, if the appeal does not delay it. Nothing in the decision is retroactive for your listings. And a platform under regulatory pressure tends to tighten the processes the regulator measured — not necessarily the queue your notice sits in.

What the DSA does give you

The useful part of this regime for brand owners is not the fine — it is the machinery the DSA obliges platforms to operate, which you can use directly:

Notice and action (Article 16). Platforms must provide a mechanism to report illegal content and must act on notices that are sufficiently precise and adequately substantiated. That standard cuts both ways: a vague report is easy to park, while a notice that identifies the exact URL, the right asserted, and why the listing infringes it is much harder to ignore — and it puts the platform on notice for liability purposes. That shift in the platform’s own risk position is the real lever.

Statements of reasons (Article 17). When a platform acts — or declines to act — it owes an explanation. That converts a silent queue into a documented decision you can escalate against.

Internal complaints and out-of-court dispute settlement (Articles 20 and 21). A rejected notice is not the end of the road; there is a defined appeal path, and a documented pattern of rejections becomes evidence.

Trusted flaggers (Article 22). Notices from certified trusted flaggers get priority handling. Status is granted by national Digital Services Coordinators, typically to industry bodies and specialist organisations rather than individual brands, but for high-volume rights holders it is worth understanding who in your sector already holds it.

Trader traceability (Articles 30-32). Marketplaces must collect and verify seller identification, and inform buyers when an illegal product has been sold. For a brand chasing a repeat counterfeiter across new seller accounts, that obligation is leverage.

What you can do yourself

Report through the marketplace’s own IP-infringement programme first — these do resolve clean, well-evidenced cases. Register with the programme before you need it, not during an incident. For each listing, capture the evidence properly: full-page screenshot with visible URL and timestamp, seller ID, ASIN/item number, and the specific mark or design being infringed. Report each infringing listing individually with that detail rather than sending one bulk complaint. Log every submission with a date and reference number — the pattern is what you will escalate on. And check the surrounding surfaces: the same seller usually runs ads, social accounts and often a standalone site, which are separate removal targets.

Where the self-help route breaks

The Commission just documented the failure modes at scale, so there is no need to speculate. Volume defeats manual reporting: a counterfeiter relists within days under a new account, and your team is filing forms faster than the queue clears. Detection is unreliable, so nothing proactively surfaces the next wave. Seller penalties go unenforced, which means the account you got removed is back. And review happens in seconds, so a form report that does not immediately read as a legal claim gets resolved as customer feedback.

Meanwhile the damage compounds off-platform: buyers who received a fake leave reviews and complaints under your brand name, and those outlast the listing.

When counsel is needed

The dividing line is standing and documentation. A web-form report is processed as a customer complaint. A notice filed under named statute — trademark, copyright in your product imagery and listing copy, design rights — signed by counsel who carries professional responsibility for its accuracy, is processed as a legal notice, with a defined escalation path when the first-line decision is wrong, and it engages exactly the liability exposure the Commission has just demonstrated it is willing to price at €550 million.

That is the model Lawyerd is built on: AI-assisted speed from detection to filing, counsel-of-record accountability on every notice, and enforcement that follows the counterfeiter across marketplaces, domains, ads and search rather than stopping at one listing page.

The regulator has confirmed the platforms’ controls are not sufficient. Nothing about that conclusion removes your listings for you.

§ Common questions

Asked before engagement.

Does the AliExpress fine mean counterfeit listings of my brand will be removed?
No. The fine is a regulatory penalty against the platform for systemic failures, not an order to remove any specific listing. Listings that infringe your trademark come down when someone with standing files a substantiated notice.
What is the Digital Services Act notice-and-action mechanism?
Article 16 of the DSA requires platforms to provide a mechanism for reporting illegal content, and to act on notices that are sufficiently precise and substantiated. A properly framed notice also puts the platform on notice for liability purposes — which is what changes its incentives.
How much was the AliExpress fine and what happens next?
The European Commission fined AliExpress €550 million on 20 July 2026 — the largest penalty issued under the DSA to date. AliExpress must submit a remediation plan by 20 October 2026 and has said it will appeal.
Why do marketplace reports of counterfeits so often fail?
The Commission found AliExpress's detection systems did not work properly, flagged products stayed online for weeks, seller penalties were not enforced, and compliance checks could be circumvented by mislabelling. Those same weaknesses are why a brand's own web-form reports stall.
What can a brand do when a marketplace ignores a counterfeit report?
Escalate from the platform's standard form to a counsel-filed notice under named statute, invoke the DSA's statement-of-reasons and internal complaint routes, and take the removal to the surrounding infrastructure — payment providers, ad networks, search — where the listing also lives.
Ihor Makushinsky, senior counsel at Lawyerd
Ihor Makushinsky

Senior counsel · in IP and compliance practice since 2014. Every guide is reviewed before publication.

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