Introduction to the European Accessibility Act (EAA)

The European Accessibility Act (EAA) is a directive of the European Union aimed at improving the accessibility of products and services for people with disabilities and the elderly across the EU. Adopted in April 2019, the EAA seeks to harmonize accessibility requirements across member states, facilitating easier cross-border trade and ensuring accessible products and services are more affordable and widely available. The act aligns with the commitments made by the EU under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

Timeline for Compliance

The EAA requires EU member states to adopt and publish the necessary laws, regulations, and administrative provisions to comply with the directive by June 28, 2025. This means that by this date, all new products and services marketed within the scope of the EAA must conform to its requirements. Existing products and services have an additional five years to comply, extending the deadline to June 28, 2030.

How Businesses are at Risk

Businesses operating in or selling to the EU must ensure their products and services comply with the EAA to avoid significant penalties. Non-compliance can lead to various punitive measures, including steep fines, removal of products or services from the market, and the suspension of an organization’s right to do business. The penalties are designed to be “effective, proportionate, and dissuasive” to ensure that accessibility is prioritized.

Fines and Penalties by Country

The EAA allows each member state to define its specific penalties for non-compliance. Here is a detailed list of fines and penalties for non-compliance with the EAA across EU member states:

1. Austria: Fines up to €200,000, with repeated violations leading to higher fines and potential suspension of services.
2. Belgium: Fines range from €1,000 to €50,000. Continuous non-compliance may lead to business operation suspensions.
3. Bulgaria: Expected substantial fines and restrictions on business operations until compliance is achieved.
4. Croatia: Fines between €2,000 and €50,000. Persistent non-compliance could lead to public notices and further legal actions.
5. Cyprus: Expected fines range from €1,000 to €20,000, with additional penalties for continuous violations.
6. Czech Republic: Fines up to €100,000 for non-compliance, with potential additional costs for corrective actions.
7. Denmark: Fines set at €10,000 for initial non-compliance, increasing with repeated offenses.
8. Estonia: Penalties range from €5,000 to €50,000, with businesses required to undertake corrective measures.
9. Finland: Fines can be as high as €150,000, with mandatory accessibility audits and documentation requirements.
10. France: Fines range from €5,000 to €250,000, with potential public exposure of non-compliant businesses.
11. Germany: Penalties can reach up to €500,000, with businesses needing to take corrective actions and potential suspension of services.
12. Greece: Fines between €2,000 and €100,000, with additional penalties for continuous non-compliance.
13. Hungary: Fines ranging from €3,000 to €50,000, with potential service suspensions.
14. Ireland: Fines up to €200,000, with enforcement actions including mandatory accessibility audits.
15. Italy: Penalties range from €5,000 to €150,000, with potential for public notices and mandatory improvements.
16. Latvia: Fines up to €100,000, with additional requirements for corrective measures.
17. Lithuania: Fines from €2,000 to €50,000, with mandatory accessibility improvements.
18. Luxembourg: Penalties include fines up to €150,000 and public notices about non-compliance.
19. Malta: Fines range from €1,000 to €50,000, with additional penalties for continuous violations.
20. Netherlands: Expected fines up to €250,000, with service suspensions for non-compliance.
21. Poland: Anticipated penalties include fines up to €200,000 and mandatory accessibility audits.
22. Portugal: Fines range from €5,000 to €100,000, with required corrective actions.
23. Romania: Fines up to €100,000, with enforcement actions for continuous non-compliance.
24. Slovakia: Penalties range from €2,000 to €50,000, with additional corrective measures.
25. Slovenia: Fines up to €100,000, with public notices and mandatory improvements for non-compliance.
26. Spain: Fines range from €5,000 to €300,000, with required corrective measures and potential public exposure.
27. Sweden: Penalties can reach up to €200,000, with mandatory accessibility audits and corrective actions.

Conclusion

The European Accessibility Act represents a significant step towards creating a more inclusive digital environment across the EU. Businesses operating in or selling to the EU must ensure compliance to avoid substantial fines and other penalties. By adhering to the EAA, companies not only avoid legal repercussions but also contribute to a more accessible and equitable digital marketplace for all.

Ensure your business is prepared for the EAA compliance deadline by conducting thorough accessibility audits, implementing necessary changes, and staying informed about national regulations in the EU member states. Compliance not only mitigates risks but also opens up your services and products to a broader audience, fostering a more inclusive society.