On June 28, 2025, the European Accessibility Act (EAA) reached a decisive milestone. After years of planning, guidance, and national transposition, Member States now have the power to investigate accessibility complaints, demand remediation, and impose sanctions. For businesses across the European Union (EU) and global firms serving EU consumers, accessibility has moved from best practice to enforceable law.
This blog examines how the EAA is being enforced across Europe: what penalties look like, how complaints work, which countries are already active, and what organizations must do now to stay compliant.
1. What the EAA Actually Covers
The EAA (Directive (EU) 2019/882) sets common accessibility obligations for a wide range of products and services, including:
- Websites and mobile apps
- E-commerce platforms and payment services
- Banking services, ATMs, and payment terminals
- Ticketing machines and self-service kiosks
- Transport information systems
- E-books and digital publishing
The Directive aims to harmonize rules across the EU, reduce fragmentation, and create a level playing field for businesses while ensuring equal access for persons with disabilities.
However, because it is a directive, not a regulation, each Member State must transpose it into national law. That means penalties and complaint mechanisms differ by country.
2. Enforcement Architecture: A Patchwork Across Europe
A quick primer: although the EAA sets EU-level obligations, the nitty-gritty of enforcement, who enforces it, how complaints are handled, the types of penalties, and cure periods, is decided at the national level, which is why enforcement looks different from country to country.
2.1 Directive or National Law?
The EU sets the baseline, but Member States decide:
- Which regulator enforces accessibility (consumer protection, telecom regulators, digital authorities, etc)
- How complaints are filed and processed
- The size and type of penalties (administrative, civil, or even criminal)
- Cure periods before fines are imposed
2.2 Standards and Conformity
Most Member States rely on EN 301 549 (the European ICT accessibility standard, based on WCAG 2.1) as the technical benchmark. Compliance with EN 301 549 creates a “presumption of conformity” under the EAA.
Still, some Member States have stricter frameworks, such as:
- France: RGAA (Référentiel Général d’Amélioration de l’Accessibilité)
- Germany: BITV (Barrierefreie-Informationstechnik-Verordnung)
Businesses must navigate both EU-wide and national standards.
3. Fines and Penalties under EAA
The Directive requires penalties to be “effective, proportionate, and dissuasive.” In practice, this means significant variation across Member States.
3.1 Fines in different EU countries under EAA
The fines and penalties vary in different EU nations. Here is a roundup of some of the main countries and what penalties they have set.
Italy
- Law: Decreto Legislativo n.82/2022
- Authority: AgID
- Penalties: €40,000 fine or 5% of turnover (Stanca Law entities)
- Notes: 90-day cure period; disproportionate burden clause applies
France
- Law: Amendments to Loi n°2005-102
- Penalties: €50,000 + €25,000 for missing statements
- Notes: Class 5 offense, enabling suspension or confiscation
Germany
- Law: Barrierefreiheitsstärkungsgesetz (BFSG)
- Penalties: Up to €100,000
- Notes: Complaints may also fall under competition law
Spain
- Law: Ley 11/2023
- Penalties: €301–€1,000,000 depending on severity
- Notes: Clear sanctioning powers; transparency obligations
Belgium
- Law: Federal and regional acts
- Penalties: Up to €200,000
- Notes: Enforcement split across regions
Netherlands
- Penalties: Up to €103,000
- Notes: Consumers can pursue civil remedies
Ireland
- Penalties: €60,000 and up to 18 months imprisonment in severe cases
- Notes: Distributed enforcement across regulators
3.2 Non-Monetary Sanctions
Across Member States, regulators may also impose:
- Suspension of services or product bans
- Orders to remediate within fixed timeframes
- Confiscation of equipment (France)
- Public disclosure (“naming and shaming”)
- Civil damages claims by users (Netherlands, Ireland)
4. How Complaints Work Under EAA
Understanding how complaints are handled is essential for businesses. Here is a brief overview of the complaint mechanisms under EAA.
4.1 General Flow
- Complaint filed (by user, NGO, competitor) with national authority
- Notice issued outlining violations
- Cure period (30–90 days, depending on country)
- Verification by the regulator to check if fixes are made
- Sanctions imposed if non-compliance continues
- Appeal rights in national courts
4.2 Country Variations
- France: Users must first contact the provider; unresolved issues go to the Défenseur des droits or administrative courts.
- Germany: Complaints may also be pursued under competition law as “unfair practices.”
- Italy: Supervised by AgID (Agenzia per l’Italia Digitale), with a 90-day cure period.
- Spain: Handled by consumer protection and equality bodies under Ley 11/2023.
- Ireland: No single authority; split across ComReg, broadcasting, and consumer regulators.
4.3 Importance of Documentation
Businesses must maintain:
- Audit logs (manual + automated testing)
- Accessibility roadmaps & remediation tickets
- User testing results (with persons with disabilities)
- Accessibility statements and declarations
- Records of disproportionate burden claims
Good-faith evidence can mitigate penalties and help during appeals.
5. Early Enforcement Signals of EAA
Though enforcement is still in its early months, several trends are clear:
- Guidance first, fines later: Regulators are publishing checklists and notices before issuing heavy penalties.
- Complaints are rising: NGOs and consumer groups are already submitting accessibility complaints in France, Germany, and Spain.
- Remediation > punishment: Most countries prefer giving businesses time to fix barriers before imposing fines.
- Escalating penalties: Italy and Spain have turnover-based or million-euro ceilings, signaling that serious sanctions will eventually be applied.
- Activist involvement: Disability organizations are actively monitoring websites, apps, and services for barriers.
6. What Businesses Must Do Now to Meet EAA Compliance
The European Accessibility Act is no longer a future concern as it is being actively enforced across Europe. Businesses that want to avoid fines and reputation risks need to take a structured, proactive approach to accessibility. Below is a practical, expanded checklist you can use to get ready and stay compliant.
6.1. Audit your digital platforms thoroughly
Start by testing all your digital products and services, be it websites, mobile apps, e-commerce portals, and web applications. Many organizations only check their public-facing website, but the EAA also applies to functional services like checkout systems, online banking, and ticketing platforms.
- Use a mix of automated tools and manual testing with assistive technologies like screen readers.
- Partnering with a specialist like Pivotal Accessibility ensures you get expert audits that go beyond surface-level scans.
6.2. Adopt EN 301 549 / WCAG 2.1 AA as your baseline
EN 301 549 is the European standard that aligns closely with WCAG 2.1 AA, which is the global benchmark for digital accessibility. Building compliance around this standard ensures your digital experiences meet both EAA requirements and international best practices.
- Focus especially on critical user journeys such as logins, forms, checkouts, and payment flows.
6.3. Create a remediation roadmap with accountability
Accessibility is rarely fixed overnight. Create a clear remediation plan with priorities, timelines, and responsibilities.
- Track fixes in your existing project management or ticketing system (like Jira or Trello).
- Break remediation into phases — start with high-impact barriers before tackling long-tail issues.
6.4. Publish and maintain an accessibility statement
Most Member States now require businesses to publish an accessibility statement. This statement should:
- Explain your current level of compliance.
- List known accessibility issues.
- Provide a contact channel for users to report barriers.
- Include timelines for planned improvements.
Keeping this page updated demonstrates good faith to regulators and builds trust with customers.
6.5. Prepare documentation as evidence of compliance
Regulators will expect businesses to prove they are taking accessibility seriously. Maintain:
- Audit logs from accessibility scans.
- User testing records, especially with people with disabilities.
- Disproportionate burden analyses if you believe certain fixes are not feasible.
- Internal meeting notes and remediation tickets.
Having this documentation ready can make the difference between receiving a remediation notice and a fine.
6.6. Implement a fast complaint-handling process
Under the EAA, users can file complaints directly with regulators if businesses ignore them. To avoid escalation:
- Create a dedicated accessibility contact channel (email or form).
- Respond within clear timelines (ideally within 7–14 days).
- Track complaints internally so you can show regulators your responsiveness.
6.7. Train your teams in accessibility
Accessibility cannot be the responsibility of one compliance officer. It must be integrated into everyday workflows:
- Train developers on coding accessible components.
- Train designers on color contrast, keyboard navigation, and inclusive UX patterns.
- Train product managers to include accessibility in acceptance criteria.
This shifts accessibility from a one-off project to an ongoing practice.
6.8. Engage accessibility experts for validation
Accessibility is complex and constantly evolving. Internal teams often need external guidance.
- Partner with accessibility consultants like Pivotal Accessibility to run independent audits, certify compliance, and conduct usability testing with real assistive technology users.
- Independent validation adds credibility and reduces the risk of missing hidden issues.
6.9. Monitor regulatory updates in every country you serve
Because enforcement is national, rules differ across Member States. For example, Spain and Italy allow million-euro fines, while France classifies violations as a Class 5 offense with possible business suspension.
- Subscribe to regulator newsletters or accessibility networks.
- Track changes through resources like the European Commission’s AccessibleEU Hub.
6.10. Prepare for enforcement and appeals
Even with the best efforts, you may still face complaints. Have your legal and compliance teams ready:
- Know which national authority regulates you in each market.
- Keep all remediation evidence organized for quick submission.
- Prepare an appeals strategy in case of disputes.
Why this matters
Taking these steps is not just about avoiding fines. Accessibility opens your business to millions of potential customers across Europe, strengthens your brand reputation, and demonstrates social responsibility. Regulators are looking for evidence of effort and continuous improvement, not just perfection overnight.
If you are unsure where to start, partnering with an accessibility consultancy like Pivotal Accessibility can help you identify risks, implement fixes, and document compliance in line with EAA expectations.
Enforcement is Here to Stay
The European Accessibility Act is no longer theory; it is an enforceable law. From Italy’s turnover-based fines to Spain’s million-euro ceilings, Member States are equipping regulators with powerful sanctions. While most authorities are starting with guidance and remediation, landmark fines are inevitable as cases escalate.
For businesses, the message is clear: accessibility is not optional. Firms that act now by auditing, remediating, documenting, and training will not only avoid penalties but also unlock the wider benefits of inclusive design. If you need help with EAA compliance or want to stay ahead of the curve, contact us today, and our team will get back to you with a roadmap for achieving inclusion and compliance.