Understanding the European Accessibility Act: Risks of non-compliance and key authorities

The European Accessibility Act (Directive (EU) 2019/822, "EAA") aims to improve access to products and services for people with disabilities and requires EU Member States to apply their laws implementing the EAA into national law from June 28, 2025.

Read more for general information regarding the EAA.

For economic operators that are affected by these laws across Europe, in the following, this blog post shall provide a first overview over the potential negative consequences companies might face in case of non-compliance and provide a list of the competent market surveillance authorities in the Netherlands, Germany, Italy, Luxemburg, Belgium, Austria, Spain, Ireland and France ("Member States").

1. Consequences of non-compliance: fines, prohibition of product distribution, prohibition of service provision and more.

There is a number of negative consequences economic operators might face in the Member States in case of non-compliance which they should be aware of.

a. Fines

Supervisory authorities may impose administrative fines up to 1,000,000 EUR. In the Member States, the following fines may be imposed:

Country	Authority/Authorities
Austria	Up to 80,000 EUR for severe violations, such as placing non-compliant products on the market or providing non-compliant services. Up to 40,000 EUR for violations related to documentation, missing CE marking, or failure to implement corrective actions. Up to 16,000 EUR for minor infractions, such as failure to provide accessibility statements or required information to authorities. Reduced fines apply to micro, small, and medium enterprises (SMEs).
Belgium	The maximum fine is 200,000 EUR.
France	The maximum penalty in the event of non-compliance with accessibility requirements is 7,500 EUR for legal entities and 15,000 EUR for repeat offenses.
Germany	For more serious violations, fines of up to 100,000 EUR may be imposed. Minor violations can result in fines of up to 10,000 EUR. In case of access providers to audiovisual media services, the fines may amount up to 500,000 EUR.
Italy	In case of more serious violations the fines are between 5,000 and 40,000 EUR. In case of minor violations, the fines are between 2,500 and 30,000 EUR.
Ireland	The penalties for non-compliance are significant and a person who commits an offence may receive a criminal conviction (fines of up to 60,000 EUR, or imprisonment for up to 18 months).
Luxembourg	The maximum fine is currently 15,000 EUR or 500,000 EUR depending on the type of violation. For specific cases like repeated offence, the amount can be up to 1,000,000 EUR.
Spain	Infringements will be punishable by fines ranging from a minimum of 301 EUR to a maximum of 1,000,000 EUR: Minor violations can result in fines of up to 30,000 EUR. Serious violations, fines of up to 90,000 EUR may be imposed.
The Netherlands	Maximum fine to be imposed by some authorities is 103,000 EUR to date.

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b. Restrictions of product distribution and/or service provision

All Member States have followed the EAA by, in addition to fines, providing for certain mechanisms to restrict or prohibit product distribution and service provision in case of their non-compliance in order to be able to free the market from non-accessible products and services.

Such measures may lead up to the full or partial prohibition of a product/service on the national market. Regarding products, also product recalls are possible.

c. Consumer protection/complaint mechanisms

Another important aspect of the implementation of the EAA in the laws of the Member States is that all Member States have adopted mechanisms which allow consumers to request from the market surveillance authority to take action against an economic operator in case of alleged non-conformity.

As a result, non-compliant economic operators not only face the risk of being noticed during "usual" inspections of the market surveillance authority but also by consumers which then may inform the competent authority.

Further, in some Member States, for example. Ireland and the Netherlands, consumers may directly initiate civil proceedings in which they could claim that the products or services they bought are not compliant with statutory accessibility requirements and demand for an order directing compliance.

Consumer may be entitled to compensation for damages suffered due to discrimination as a result of non-compliance with accessibility requirements.

In other Member States, for example. Germany, non-compliant economic operators may also be subject to actions of competitors and/or certain institutions under unfair competition law (e. g. warning letters) or subject to dispute resolution/mediation proceedings.

d. Warranty rights

As a result of the EU Sale of Goods and the Digital Content and Services Directives (Directive (EU) 2019/771 and Directive (EU) 2019/770), when it comes to the question if a (digital) product is free of defects, "objective requirements for conformity" apply.

One major aspect of such objective requirements for conformity is that the product is fit for the purposes for which products of the same type would normally be used, taking into account both Union and national law, as well as technical standards.

In this context, the accessibility requirements that are placed on products and services under national law may therefore also play a role with regard to warranty rights of consumers: If a product is not compliant with the accessibility requirements applicable to it, this might be seen as a defect of the product, giving rise to warranty rights of consumers in relation to such product.

2. Competent Authorities

In the national implementation of the EAA, Member States deviate between only one central authority commissioned with the market surveillance, several competent authorities depending on whether it is a product or service, several sector specific authorities or a combination thereof. Understanding who the competent supervisory authority is can help businesses navigate the regulatory landscape more effectively and ensure they are meeting their obligations under the EAA. The Member States have commissioned the following authorities with the market surveillance regarding accessibility requirements:

Country	Authority/Authorities
Austria	Social Services Department (SMS).
Belgium	In Belgium, the responsibility for monitoring and enforcing compliance with the EEA is distributed among various authorities: Electronic communications – Belgian Institute for Postal Services and Telecommunications. Sectors such as consumer banking and e-commerce – Federal Public Services (FPS) Economy. Domains such as public transportation and certain local services – Regional governments (Flanders, Wallonia, Brussels-Capital). Cultural and educational services, such as audiovisual media – Community governments (Flemish, French-speaking, German-speaking).
France	The competition, consumer and fraud prevention authority is the competent authority ("DGCCRF"). However, other authorities are competent for certain categories of services: Electronic communications service – Regulatory Authority for Audiovisual and Digital Communication (Arcep). Services of publishers and distributors of audiovisual communication services providing access to audiovisual media services – Regulatory Authority for Audiovisual and Digital Communication (Arcom) Banking services Prudential Supervision and Resolution Authority (ACPR) and the Financial Markets Authority (AMF), which ensure, within the scope of their respective competences, that the information provided to the consumer is understandable and that its level of complexity does not exceed a certain level. Bank of France, which ensures that the identification methods, electronic signatures and security and payment services are perceptible, usable, understandable and robust.
Germany	Market Surveillance Centre of the Federal States for the Accessibility of Products and Services.* (*) It is currently unclear if the authority will also supervise access provider to audiovisual media services.
Italy	Products - Italian Ministry of Economic Development. Services - Digital Italy Agency (AGID).
Ireland	In Ireland, the enforcement of the EAA is managed by several authorities, depending on the type of product or service: Products – Competition and Consumer Protection Commission (CCPC). Electronic communications services – Commission for Communications Regulation. Services providing access to audiovisual media – Coimisiún na Meán. Air passenger transport services – Irish Aviation Authority. Bus, rail, and waterborne passenger transport services – National Transport Authority. Consumer banking services – Central Bank of Ireland.
Luxembourg	Office for monitoring the accessibility of products and services (OSAPS).
Spain	One national supervisory authority: Directorate-General for Consumer Affairs, which directly depends on the Ministry of Social Rights, Consumer Affairs and Agenda 2030. There is also one authority in each region, since Spain is divided in autonomous communities (19 in total).
The Netherlands	In the Netherlands, the competent authority depends on the type of product or service: Products - Dutch Authority for Digital Infrastructure (RDI). E-commerce services - Netherlands Authority for Consumers & Markets (ACM). E-books and software - Dutch Media Authority (CvdM). Passenger transport services - Human Environment and Transport Inspectorate (ILT). Consumer banking services and e-commerce services with a financial nature - Financial Market Authority (AFM).

If you need help identifying the correct supervisory authority to ensure compliance, would like to discuss your own EAA compliance project and how our specialists could help, please contact Merel van Aar, Patrick Born or your usual Fieldfisher representative. We'd be delighted to help.