EAA Enforcement Is Now Active
The European Accessibility Act became enforceable on June 28, 2025. The EAA's enforcement framework was built on the existing market surveillance infrastructure that already operates CE marking, product safety, and consumer protection enforcement across the EU. US companies should not expect a grace period: market surveillance authorities in several member states announced EAA enforcement priorities before the deadline.
How EAA Enforcement Works
Article 26 of Directive EU 2019/882 requires each member state to designate market surveillance authorities (MSAs) responsible for verifying compliance. MSAs have broad investigative powers: they can request documentation (including EU Declarations of Conformity), conduct product testing, inspect premises, and order corrective measures. For US companies with no EU presence, MSAs can require the EU authorized representative to provide documentation.
Penalties and Fines by Member State
Germany
Germany's Barrierefreiheitsstärkungsgesetz (BFSG), in force June 28, 2025, provides for administrative fines of up to EUR 100,000 per violation. Repeat violations and violations affecting large numbers of users can attract higher fines.
France
French authorities can impose fines scaled to severity and operator size, with published guidance suggesting EUR 25,000 to EUR 150,000 for persistent non-compliance by significant market operators.
Ireland
Irish penalties reach EUR 60,000 for product violations and EUR 30,000 for service violations, with daily accrual for continuing violations.
What Non-EU Companies Specifically Face
- EU importers can be held financially liable for non-compliant US products and will seek contractual indemnification
- EU authorized representatives face direct regulatory liability and will terminate the relationship if the US manufacturer does not remediate
- MSAs can issue EU-wide product withdrawal orders coordinated through Safety Gate, banning products across all 27 member states
- Non-EU service providers can be blocked from EU market access in regulated sectors like financial services
- Reputational damage from a public MSA enforcement action affects relationships with EU enterprise customers and procurement bodies
Building an Enforcement-Ready Compliance Program
The most effective defense against EAA enforcement is documented, auditable conformance. MSAs prioritize cases where companies have made no compliance effort. A program including a current EN 301 549 audit, a properly executed EU Declaration of Conformity, a public accessibility statement with a working complaint mechanism, and evidence of remediation in progress provides a strong posture in any MSA inquiry.
James Okafor
WCAG Lead Auditor
A certified accessibility consultant at BuildWithAccess helping organizations achieve WCAG compliance and build more inclusive digital experiences.
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