Top Penalties for EAA Non-compliance

For many businesses operating in the European Union (EU), digital accessibility is now a legal requirement. The European Accessibility Act (EAA) mandates that a wide range of consumer products and services circulating in the EU are accessible to people with disabilities. With the June 2025 enforcement deadline rapidly approaching, many business leaders may be wondering: What’s the worst that could happen if my organization doesn’t comply?

The short answer is that the consequences of EAA non-compliance can be severe. Beyond inadvertently excluding consumers with disabilities, organizations that neglect to meet the EAA’s requirements may face a slew of penalties, including steep fines and restrictions on their ability to operate in the EU market.

In this article, we’ll explore the penalties for EAA non-compliance in some of the EU’s largest economies, highlighting the risks businesses face if they fail to meet accessibility standards.

Understanding EAA enforcement across the EU

While the EAA is an EU-wide initiative, each Member State is required to transpose (or integrate) the EAA into their national laws. The penalties for non-compliance with EAA transpositions are determined by the authorities of each EU Member State. As a result, specific enforcement mechanisms vary across countries, with some imposing more severe penalties than others. In fact, certain nations treat non-compliance with accessibility regulations as a criminal offense.

Different Member States also have different timelines for enacting or expanding their digital accessibility legislation, and some countries—like Italy—have already begun enforcing the EAA for many businesses ahead of the June 2025 deadline.

Businesses that serve consumers in the EU must comply with the EAA transposition for each country in which they operate, regardless of where they are headquartered. Given the complexity of the EU legal landscape, it’s wise to partner with an accessibility expert who can help you understand the nuances of the EAA and local laws as you work toward compliance.

EU nations with steep penalties for EAA violations

Italy

As one of the first EU Member States to introduce digital accessibility legislation, Italy has a long history of mandating and enforcing equal access to digital technology. Legge 9 gennaio 2004, commonly known as the Stanca Law, initially focused on the public sector, establishing accessibility requirements for various digital products and services used by public organizations. In 2020, an amendment to the law extended these requirements to private businesses with a three-year average turnover of €500 million or more.

Italy’s transposition of the EAA, Decreto Legislativo n.82/2022, makes digital accessibility a legal obligation for an even broader group of businesses. Companies that provide products or services covered by the EAA must ensure these offerings are accessible, even if their annual turnover is less than €500 million.

The penalties for non-compliance with Italy’s EAA transposition law vary based on whether a business was previously covered by the Stanca Law:

• Companies already under the Stanca Law are given a 90-day notice to meet accessibility requirements, and may be fined up to 5% of their annual turnover if they fail to comply.
• Other companies are given the same 90-day notice period, and may face fines of up to €40,000 for non-compliance.

France

Another early adopter of accessibility legislation, France amended its Loi n° 2005-102, or Montchamp Law, in 2023 to include specific web accessibility requirements for businesses with an annual turnover of €250 million or more (averaged over the past three years), as well as public-sector organizations.

Private businesses that fail to meet the law’s web accessibility standards may face a fine of €50,000. Businesses may also incur an additional fine of €25,000 for related offenses, such as the failure to publish an accessibility statement and / or publish multi-year accessibility plans.

Building on this existing legal framework, France has transposed the EAA through several more recent laws that specifically address the accessibility of products and services covered by the EU directive. Non-compliance with these transposition laws is treated as a Class 5 offense—a class reserved for offenses that are severe, but do not reach the level of a crime. Class 5 offenses may be punished through fines (though the law does not provide specific amounts for fines) as well as sanctions, including the confiscation of property, suspension of licenses, and community service requirements.

Spain

Like Italy and France, Spain has long been at the forefront of enforcing digital inclusion in Europe. While the nation’s disability rights law, Ley 56/2007 (known as the Spaniards with Disabilities Act) does not explicitly mention digital accessibility, several large businesses, including major airlines and utilities companies, have faced hefty fines under the law for publishing inaccessible digital content.

The potential risks of neglecting to prioritize digital accessibility are set to increase for businesses with the enforcement of Ley 11/2023, Spain’s transposition of the EAA. Companies that violate this transposition law may be fined up to:

• €30,000 for minor infractions.
• €150,000 for serious infractions.
• €600,000 for very serious infractions.

Repeat offenders may also be prohibited for up to two years from engaging in the same activities that resulted in penalties.

Germany

Germany has transposed the EAA through the Barrierefreiheitsstärkungsgesetz (BFSG), or Accessibility Strengthening Act. Like many other Member States’ EAA transpositions, the BFSG will be enforced through monitoring by regulatory authorities, and penalties for non-compliance include fines. Starting in June 2025, businesses may face fines of up to:

• €100,000 for selling products and sources that are non-compliant with accessibility regulations.
• €10,000 for neglecting to prove accurate information about the digital accessibility of their products and services.

Navigate EAA compliance with a trusted expert

Compliance with the EAA isn’t optional—it’s a requirement for doing business in the EU. Between financial penalties and restricted market access, the costs of failing to meet the law’s requirements are substantial. And by prioritizing digital accessibility, businesses do more than avoid costly penalties—they contribute to a more inclusive digital landscape.

With more than 25 years of experience, Level Access has empowered thousands of organizations in Europe, North America, and other global markets to comply with digital accessibility laws and serve all users. Our team has a deep understanding of the EU’s legal landscape, and can equip you with the tools, training, and expertise to achieve—and maintain—EAA compliance. To get started, contact us today.