← All articles

EAA penalties and enforcement: what national laws actually say

Updated 2026-11-02

The European Accessibility Act (Directive (EU) 2019/882) is a directive, so it does not fine anyone directly. Each Member State had to write it into national law by June 2022, and the rules apply from 28 June 2025 (European Commission). Penalties, enforcement authorities and procedures are therefore set at national level and they differ a lot.

Many websites publish tables with "EAA fines by country". Several of them contradict each other, and few link to the law itself. In this article we only cover countries where we read the official legal text ourselves (last checked: 2 November 2026), and each figure links to that text. We'll add more countries once we've checked their primary sources.

This is a summary for orientation, not legal advice. Fines are maximums set by law. What an authority actually imposes depends on the case. If you need a binding assessment, ask a lawyer in the relevant country.

Germany: Barrierefreiheitsstärkungsgesetz (BFSG)

Germany implemented the EAA through the Barrierefreiheitsstärkungsgesetz (BFSG). Section 37 BFSG lists the administrative offences. Under § 37(1) no. 8, it is an offence to offer or provide a service contrary to § 14(1) BFSG, meaning a service that does not meet the accessibility requirements. Under § 37(2), the offences in nos. 1, 7, 8, 9 and 10 can be fined up to €100,000. The other offences, such as failing to give required information, can be fined up to €10,000.

Source: § 37 BFSG, gesetze-im-internet.de (Federal Ministry of Justice).

In Germany, competitors and associations may also try to enforce accessibility rules through private law, for example with warning letters under unfair competition law. Whether and when that succeeds is a legal question we can't answer here.

Austria: Barrierefreiheitsgesetz (BaFG)

Austria implemented the EAA through the Barrierefreiheitsgesetz (BaFG, BGBl. I No. 76/2023). Section 36 BaFG sets the administrative penalties, which are imposed by the Sozialministeriumservice:

  • Under § 36(1), offering or providing a service contrary to § 14(1), among other things, is punishable by a fine of up to €80,000. If the offence is committed by a micro-enterprise or a small or medium-sized enterprise, the maximum is €50,000.
  • Under § 36(2), further offences, such as failing to properly prepare the required information about services, carry fines of up to €40,000.
  • Under § 36(3), other breaches carry fines of up to €16,000.
  • Under § 36(4), the authority must take into account the extent of the breach, the number of affected products or services and persons, and whether the breach is repeated.

Source: § 36 BaFG, Rechtsinformationssystem des Bundes (RIS).

Ireland: S.I. No. 636/2023

Ireland implemented the EAA through the European Union (Accessibility Requirements of Products and Services) Regulations 2023 (S.I. No. 636/2023). Unlike Germany and Austria, Ireland treats breaches as criminal offences. Under Regulation 6, a person who commits an offence under the Regulations is liable:

  • on summary conviction, to a class A fine or imprisonment for up to 6 months, or both;
  • on conviction on indictment, to a fine of up to €60,000 or imprisonment for up to 18 months, or both.

The court also has to consider factors such as how serious the breach is.

Source: S.I. No. 636/2023, Irish Statute Book.

Other countries

France, the Netherlands, Italy, Spain and the other Member States have their own implementing laws, with different authorities and penalty levels. Secondary sources give figures for them, but we couldn't open the official texts for those countries while writing this article. To avoid passing on unverified numbers, we leave them out for now. Every Member State's implementing measures are recorded in EUR-Lex under Directive (EU) 2019/882.

What this means for a small online shop

  • The rules depend on where you sell. If you sell to consumers in several EU countries, more than one national regime can be relevant.
  • Fines are not the only lever. Authorities can usually require corrective action first. National laws also include complaint channels for consumers and organisations. In Austria, for example, § 35 BaFG lets consumers report possible breaches to the Sozialministeriumservice.
  • Exemptions exist but are narrow. Micro-enterprises that provide services are generally exempt under the EAA. The details are defined in national law, so check the definition that applies to you.
  • Documentation matters. An accurate accessibility statement and a record of the fixes you made help show good faith and give customers a way to report problems.

A pragmatic next step

Most shop accessibility problems sit in a small number of theme templates: header, menu, product form, cart drawer and pop-ups. Fixing those removes many barriers at once. EAA Fix checks five pages of your store for free and can then fix up to 15 issues in your theme for €199 net. Request your free mini-check or read the Shopify EAA checklist.

Not legal advice. EAA Fix is a technical service by ETHMO GmbH (Germany). We are not a law firm and not a certification body.