The Cost of EAA Violations and Their Legal Consequences
Ready to see AudioEye in action?
Watch Demo
The European Accessibility Act (EAA) mandates accessibility for digital products and services across the EU. Non-compliance can lead to severe financial penalties, lawsuits, and loss of market access. We’ll explore these in more detail below.
A single lawsuit or regulatory fine can do more than dent your company’s finances — it can jeopardize your ability to operate in the European market altogether. With the European Accessibility Act set to take full effect on June 28, 2025, organizations that fail to meet accessibility requirements risk steep penalties, legal action, and even exclusion from the EU market.
The EAA isn’t just another compliance hurdle — it’s a fundamental shift in how businesses approach digital accessibility. If you offer products and services in Europe, you must ensure they are accessible to individuals with disabilities, or you risk formal complaints, demand letters, litigation, and costly remediation efforts.
Knowing the risks of non-compliance — both financially and legally — can help you safeguard your organization and lower your risk. This article breaks down the actual cost of EAA violations and steps you can take to protect your organization.
What is the European Accessibility Act: A Quick Refresher
The EAA was first introduced in 2015 by the European Commission to remove accessibility barriers for the disability community. The law was officially adopted in April 2019 and mandates that products and services be accessible — meaning they must be designed so that everyone, regardless of ability, can use them effectively.
To meet EAA compliance requirements, you must follow the standards outlined in the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. These are the same accessibility standards widely used in laws like the Americans with Disabilities Act (ADA) and the European Web Accessibility Directive. However, the EAA doesn’t just apply to websites; it also applies to a broad range of digital and physical products used on a daily basis.
Who needs to comply with the EAA? Put simply, any company that sells or offers services in the EU — regardless of whether it’s based there — must meet EAA compliance standards if they operate in key sectors like:
- eCommerce: Online retailers must provide an accessible shopping experience, from browsing to checkout.
- Banking and finance: Digital banking services and platforms, ATMs, kiosks, and payment terminals must be designed for accessibility.
- Transport: Booking systems and digital ticketing for airlines, railways, and public transit must be usable by everyone.
- Telecommunications: Service providers must offer accessible websites, apps, and customer support.
- Public services: Government-related platforms and services must meet EAA accessibility standards.
- Digital platforms and tech: Everything from mobile applications to software applications and interfaces must be built with accessible design best practices implemented.
With the compliance deadline set for June 28, 2025, organizations have a shrinking window to ensure they meet EAA accessibility regulations.
The Financial Cost of EAA Violations
Failing to comply with the EAA is a financial liability that can drain your resources fast. From regulatory fines and penalties to lost contracts and expensive remediation efforts, non-compliance comes with steep costs you can’t afford to ignore.
Direct Financial Penalties
One of the biggest risks of ignoring the EAA is the financial penalties imposed by EU member states. While the EAA does not set fixed fines, it requires each country to enforce penalties that are “effective, proportionate, and dissuasive.” In other words, fines must be significant enough to push companies toward compliance.
Below are a few examples of fines imposed by various EU countries:
- Germany: Under existing German accessibility laws, including the BITV and the Disability Equality Act BGG, companies can face fines of up to €100,000 per violation. EAA penalties are expected to follow a similar structure.
- France: Fines for non-compliance with French laws, including the Référentiel Général d’Accessibilité pour les Administrations (RGAA), can reach up to €250,000.
- Spain: Spain’s Constitution, Law 51, and the web accessibility standard (UNE 139803) impose fines between €30,000 and €1,000,000, depending on the severity of non-compliance.
- Sweden: The Swedish Agency for Digital Government can penalize organizations that fail to meet accessibility requirements with up to 10,000,000 Swedish kronor.
- The Netherlands: Dutch authorities can impose fines up to €450,000, with additional sanctions for ongoing non-compliance.
- Ireland: The Republic of Ireland can impose fines ranging from €5,000 to €60,000 depending on the severity of the violation and the nature of the conviction.
- Italy: For accessibility violations, the public and private sectors in Italy can face fines ranging from €5,000 to €20,000, with stricter enforcement expected under the EAA.
Legal Fees
Beyond regulatory fines, businesses may face legal fees and an increased chance of accessibility lawsuits from consumers, disability rights organizations, and regulatory bodies. With the upcoming June 2025 deadline, organizations will be under more scrutiny to ensure compliance with the EAA.
The legal fees and penalties surrounding non-compliance can be hefty. For instance, the cost of defending or supporting an organization in legal proceedings can easily exceed six figures, even if the case does not go to court. There are also settlement charges to consider. Most businesses opt to settle accessibility lawsuits, which can cost hundreds of thousands of euros and significantly strain an organization’s resources.
Loss of Government Contracts and Funding
Accessibility is non-negotiable for businesses working with the EU public sector. Governments are required to procure only from vendors that meet accessibility standards, meaning failure to comply with the EAA could disqualify companies from lucrative contracts.
This has happened dozens of times within the European Union. For example, businesses in the financial sector could lose a multi-million-euro government contract if accessibility audits find their online banking portal was not compliant with WCAG standards. Or a transport provider could be banned from bidding on new municipal contracts after failing to make their digital ticketing system accessible.
If your company relies heavily on government funding or contracts, be sure you’re meeting EAA requirements. Failing to do so can put your business at risk of closing its doors permanently.
Remediation Costs
Once accessibility errors have been found, they must be resolved to bring your company into compliance with the EAA. However, fixing accessibility issues after a violation is found is always more expensive than proactive compliance. Most businesses are forced into rapid remediation efforts, which often come with high costs and operational disruption.
For example,
- Hiring accessibility experts to find and fix digital platforms
- Rebuilding websites, apps, and software to meet WCAG 2.1 Level AA conformance standards
- Training staff on accessibility best practices
- Potential downtime or lost revenue that occurs during the remediation process
These are all examples of the costs and disruption that come from reactive compliance. Investing in accessibility now not only reduces legal risks but also saves money in the long run.
The Legal Consequences of EAA Non-Compliance
Beyond financial costs, failing to comply with the EAA comes with serious legal consequences. Businesses operating in the EU — or serving EU consumers — aren’t just facing fines; they’re exposing themselves to regulatory enforcement actions, consumer complaints, and potential restrictions on EU market access.
It’s important to note that national enforcement mechanisms and consumer-driven actions back the EAA. This means companies can face government-imposed fines, administrative penalties, and demand letters requiring immediate remediation—often before a lawsuit is even on the table.
Let’s break this down further.
National Enforcement Mechanisms
As mentioned above, each EU state is responsible for enforcing the EAA, and just like with other EU regulations, national regulatory bodies will be tasked with ensuring compliance. These agencies have broad authority, which can include:
- Conducting audits and investigations into businesses suspected of non-compliance.
- Issuing demand letters requiring companies to fix accessibility violations within a set timeframe.
- Imposing administrative fines that are “effective, proportionate, and dissuasive.”
- Restricting non-compliant businesses from selling products or services in the EU market.
You can get an idea of national enforcement mechanisms by looking at the Web Accessibility Directive — an existing EU law that requires public sector websites and apps to be accessible. While the WAD only applies to government agencies, it laid the groundwork for how accessibility laws are enforced across the EU. The EAA builds on this foundation but extends accessibility requirements to businesses within the EU private sector.
For example:
- Italy: Government agencies faced enforcement actions for failing to meet digital accessibility requirements, forcing rapid remediation efforts.
- Sweden: Regulatory bodies have warned public institutions and private contractors about impending fines for accessibility failures.
- France: Accessibility violations have led to mandatory corrective measures and reputational damage for major organizations.
As the compliance deadline approaches, organizations should expect strong enforcement from EU regulators. In many cases, penalties will be applied before a lawsuit is filed.
The bottom line: staying compliant with the EAA keeps you in business. By taking a proactive approach to EAA compliance, you not only minimize your legal risk but also strengthen your market position.
Minimizing Your Risk: EAA Compliance Best Practices
Here’s the good news: taking proactive steps toward EAA compliance is far easier — and more cost-effective — than you think. Plus, by taking a proactive approach to accessibility, you avoid dealing with more costly and time-consuming violations down the road.
Here’s how to minimize legal and financial risk and ensure your digital products or services meet EAA standards.
Conduct an Accessibility Audit
The first step toward EAA compliance starts with a comprehensive accessibility audit. An audit helps you identify gaps in your digital content, including your website, mobile app, eCommerce platform, online documents, or any other digital touchpoints. The results will help you pinpoint critical accessibility issues before they become compliance issues.
While you can conduct an accessibility audit yourself, the process can be time-consuming (and you may miss key accessibility issues if you’re new to the industry). Using accessibility audit tools — such as AudioEye’s Web Accessibility Scanner — automates the process, streamlining your path to compliance.
Get Familiar with WCAG Standards
The EAA requires compliance with WCAG 2.1 Level AA, the internationally recognized standard for digital accessibility. As you’re creating content, you’ll want to ensure you’re meeting as many WCAG success criterion as possible, including:
- Color contrast: Text must have sufficient contrast against background colors to ensure readability for users with visual impairments. WCAG recommends a minimum contrast level of 4.5:1 for normal text and 3:1 for large text. A color contrast checker can help you strike the right balance.
- Keyboard navigation: Your digital content must be fully navigable by keyboard alone, without requiring a mouse. Ensuring your headings follow a hierarchical order (e.g., H1, H2, H3, etc.) can improve the experience for keyboard users.
- Alternative text: Adding descriptive alternative text (or alt text) to images ensures users who rely on assistive technology, such as screen readers, can understand visual content.
- Resizing text: Users must be able to zoom text up to 200%; ensure your content does not lose functionality or clarity when zoomed in by this much.
- Error identification and input assistance: Ensure your forms provide clear error messages and suggestions to help users complete them accurately.
- Online documents: WCAG standards also apply to online documents, including PDFs, Microsoft Word documents, PowerPoint presentations, and Excel spreadsheets. Be sure your web-delivered documents include the accessibility features above.
These are just some of the WCAG success criterion your digital content must meet to be EAA-compliant. For a more detailed breakdown, check out our Comprehensive WCAG Checklist.
Work with Accessibility Experts
Accessibility is an ongoing process, and partnering with accessibility experts can help you navigate evolving accessibility standards and compliance requirements with confidence.
For example, AudioEye takes a comprehensive, scalable approach to digital accessibility, tackling the complex and rapidly evolving landscape of accessibility standards. We do this by combining AI-drive technology, experts, and developer tools to monitor and improve your website’s accessibility continuously. With AudioEye, there’s no need to worry about falling behind or missing accessibility issues that put you at legal risk. You’ll have peace of mind knowing your digital content is accessible, compliant, and protected by the only genuine guarantee in the industry.
Avoid the Cost of Inaction — Invest in Accessibility Now
The deadline for EAA compliance is quickly approaching, and the cost for EAA non-compliance isn’t just financial — it’s legal, reputational, and operational. From steep fines and penalties to lost government contracts and expensive remediation efforts, failing to meet accessibility standards puts your business at serious risk.
The reality is simple: proactive compliance is far more cost-effective than waiting for a demand letter to cross your desk. Prioritizing accessibility now will help you avoid penalties, protect their reputation, and unlock new market opportunities across the EU.
That’s where AudioEye comes in. With our three-pronged approach to accessibility, you’ll achieve industry-leading compliance with accessibility standards and create digital content usable by all. From our Automated Accessibility Platform, which finds and fixes common accessibility issues, to our Expert Audits from accessibility experts and the disability community, you’ll save time and money on your path to compliance. Plus, with AudioEye Assurance, you’ll enjoy a level of legal protection that’s 400% more effective than consulting or automation-only approaches.
Don’t wait until you’re facing fines or legal action. Start your path to EAA compliance now with a free accessibility scan. Or schedule a demo to see the AudioEye platform in action.
Ready to see AudioEye in action?
Watch Demo
Ready to test your website for accessibility?
Share post
Topics:
Keep Reading
Post-Deadline Risks: Why EAA Compliance Lawsuits are Expected to Rise
With the EAA compliance deadline approaching, both European and U.S. businesses face an increased risk of accessibility lawsuits. Here’s what you need to know. Learn more.
compliance
February 05, 2025
Your Essential ADA Reasonable Accommodation Checklist
Ensure full ADA compliance with this ADA Reasonable Accommodation Checklist covering both physical and digital accessibility. Learn how to make your website, workplace, and customer experiences inclusive while avoiding legal risks.
compliance
accessibility
January 30, 2025
Is Digital Accessibility a Legal Requirement?
Digital accessibility is a legal requirement in most countries. Learn which accessibility standards you need to meet to avoid potential legal consequences.
compliance
January 29, 2025
