EAA penalties and enforcement: what happens if you don't comply
How penalties work under the EAA (set by each member state, not EU-wide), who enforces them, the additional competition-law risk — and why there is no room for complacency.
What actually happens if a website does not meet the requirements of the European Accessibility Act? This article explains how penalties work, who enforces them, what additional risks exist – and puts the circulating worry about a wave of legal warnings into perspective. The overall legal framework is set out on the European Accessibility Act page.
What authorities can do
The EAA does not set a single fine itself. Instead, it requires every member state to lay down penalties that are – in the words of the directive – effective, proportionate and dissuasive. Alongside fines, the competent authority can typically order that shortcomings be fixed and, in serious cases, restrict or even prohibit the provision of the service.
Penalties vary by member state
This is the key point for an EU-wide audience: there is no single EU figure. Because the EAA is a directive, each country sets its own penalty levels in its national implementing law. So the amount that applies to you depends on the markets you serve.
One concrete example: in Germany, the implementing law (the BFSG) provides for fines of up to 100,000 euros for a non-accessible website, and up to 10,000 euros for other breaches, with the actual amount depending on the nature, severity and duration of the breach. Other member states set their own levels – the German figure is an illustration, not an EU-wide cap.
Who enforces it
Enforcement is handled by national market surveillance authorities. They typically proceed in stages: where there are shortcomings, they first request remediation within a deadline. If that has no effect, they can restrict or prohibit the service and order that it be discontinued.
Important: in many countries, consumers and recognised associations can ask the authority to act. So enforcement does not depend solely on an authority becoming active of its own accord.
An additional risk: competition-law warnings
Beyond the regulatory route, a second risk can arise: in some jurisdictions, competitors may be able to act against a breach under competition law, where accessibility obligations are treated as rules of market conduct. That can lead to cease-and-desist claims and costs, entirely without an official procedure. Whether and how this applies depends on the national legal system.
No data-protection-style warning wave – but no room for complacency
A wave of warnings on the scale once seen with data-protection rules is considered unlikely, because complaints run primarily through market surveillance. That is no reason to play down the risk, though. On top of it comes something that cannot be measured in euros: reputational damage. It arises in particular when a company emphasises inclusion outwardly while its own website is not accessible.
The sensible conclusion is not to wait for an inspection, but to implement the requirements. The concrete points are summarised in the EAA compliance checklist; whether you are affected at all is clarified in Who must comply with the EAA?
Frequently asked questions
How high are the penalties for a non-accessible website?
There is no single EU figure. The EAA requires each member state to set effective, proportionate and dissuasive penalties in its national law. In Germany, for example, fines can reach up to 100,000 euros; other countries set their own levels.
Who can impose a penalty?
National market surveillance authorities. They can also require remediation and, in serious cases, restrict or prohibit the service. In many countries, consumers and associations can ask the authority to act.
Could competitors send legal warnings?
In some jurisdictions, yes – competitors may act under competition law. A blanket wave of warnings like the one seen with data-protection rules is not expected, because enforcement runs mainly through the authorities.
This guide is not legal advice. Penalties and enforcement are set by national law; for a binding assessment of your specific case, consult a qualified professional.