Risks and Fines for Non-Compliance with the EAA

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Because we are based in Germany, the explanations in this article are Germany-centric. But the core principles also apply to the European Accessibility Act (EAA) in other countries of the EU.

We have talked a lot now about the requirements of the European Accessibility Act (EAA) [1]. But what actually happens if you miss the deadline of June 28, 2025, and your website is not compliant?

Many people think it's like the GDPR – "it won't be that bad." But the EAA is very specific and has teeth. I will show you here what risks you are taking and how the fines work – especially how they can accumulate.

Risk 1: The Market Monitoring Procedure

The first risk is not directly a fine, but the process initiated by the market monitoring body. As we saw in the article "Process of an Official Inspection", the authority can:

1. Require you to remedy defects.
2. In case of refusal, prohibit the operation of your website (§ 29 Para. 3 / § 30 Para. 3 EAA [1]).

This operational risk is already massive. Parallel to this – or even immediately – the authority can also initiate a fine procedure.

Risk 2: The Fines (How expensive will it be?)

Now for the money. § 37 of the EAA [1] is your "catalogue of penalties." It lists exactly what constitutes an administrative offense and what it costs.

For you as a website operator (service provider), these two tiers are particularly important:

1. Up to 100,000 Euros fine for serious violations.
2. Up to 10,000 Euros fine for formal or procedural violations.

The 100,000 Euro Violation (The Main Hit)

The most important offense for you is § 37 Para. 1 No. 8: You are committing an administrative offense if you "offer or provide a service contrary to § 14 Paragraph 1...".

What is stated in § 14 Para. 1?

1. That your service (website) must meet the accessibility requirements.
2. That you must provide the information about it (the accessibility statement according to Appendix 3).

This means: The mere fact that your website is online and not compliant is an administrative offense that can be penalized with up to 100,000 €.

The 10,000 Euro Violations (The "Add-Ons")

Additionally, there are violations related to your conduct during the inspection procedure:

• § 37 Para. 1 No. 2: You fail to inform the authority immediately about non-compliance, although you would be obligated to do so (Violation of § 14 Para. 4).
• § 37 Para. 1 No. 6: You provide the authority with no, false, or incomplete information upon request (Violation of § 14 Para. 5).

Are Penalties Added? Yes! (Cumulation)

This is the crucial point we discussed. The law is not capped at 100,000 €. Fines apply per offense (per violation type) and can be cumulative (known as "concurrent offenses").

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Important: 20 individual WCAG errors (e.g., missing Alt texts) are not 20 violations. They all fall under the single offense "Service not compliant" (§ 37 Para. 1 No. 8).

But: If your website is not compliant (Offense 1) and you also lie to the authority (Offense 2), you have committed two separate administrative offenses.

Here is an example:

Flowchart: Accumulation of Fines

Open textual description for "Flowchart: Accumulation of Fines"

This flowchart shows how different types of violations of the Accessibility Strengthening Act (EAA) can lead to fines and how these fines may be accumulated.

1. The process begins with "Start: Review (§ 28)" (A).

2. First check: "Violation 1+2: Non-compliant / Declaration missing? (§ 14 (1) No. 1/2)" (C)

   • Yes: This falls under "§ 37 (1) No. 8, fine up to €100,000" (D).
   • No: Proceed to the next check.

3. Second check: "Violation 3+4: Not informed / Refused to provide information? (§ 14 (4)/(5))" (F)

   • Yes: This falls under "§ 37 (1) No. 2 / 6, fine up to €10,000" (G).
   • No: Result: "No fine" (S, green).

4. The offenses (D) and (G) lead to "Fine calculation" (Z, red). In the example: €25,000 for violations 1+2 and €15,000 for violations 3+4, resulting in a total fine of €40,000.

danger

If you commit all possible violations, you can theoretically incur a total fine of up to 550,000 €.

Applied Example: The CourcePro Website

Let's take our demo page: CourcePro

Situation:

1. Material Defect: An accessibility audit (you can find the audit report here) found that the page has 20 WCAG errors (e.g., missing Alt texts, insufficient color contrasts, etc.).
2. Formal Defect: There is no accessibility statement.

Scenario 1: The "Basic Penalty"

The authority inspects the page (via random sample) and identifies both defects.

• Both defects (the 20 WCAG errors AND the missing statement) violate § 14 Para. 1.
• This triggers one offense: § 37 Para. 1 No. 8.
• The fine framework is up to 100,000 €.

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The authority will now determine a fine "at its discretion." It will take into account the severity of the violations (20 errors is a lot!) and your economic capacity. A fine between 15,000 € and 30,000 € would be realistic here.

Scenario 2: The "Escalation Penalty" (Cumulation)

Now we escalate the example:

1. The authority identifies the defects (Offense 1, Framework: up to 100,000 €).
2. You are aware of the defects but do not proactively inform the authority (Violation of § 14 Para. 4). The authority counts this as a separate violation (Offense 2: § 37 Para. 1 No. 2, Framework: up to 10,000 €).
3. The authority asks you to submit documents regarding the use of the page. You ignore the request (Violation of § 14 Para. 5). (Offense 3: § 37 Para. 1 No. 6, Framework: up to 10,000 €).

Result: The authority can now add the fines for all three offenses. Your theoretical maximum fine in this (admittedly extreme) case is up to 120,000 €.

Conclusion

The fines under the EAA must be taken seriously.

1. 100,000 € as the Base: This is the penalty framework for merely operating a non-compliant website (including a missing statement).
2. Cumulation is Possible: Penalties are capped per violation type, but if you commit multiple types of violations (e.g., non-compliance + lying to the authority), the penalty frameworks are added.
3. Discretionary Matter: The full amount is rarely utilized. But the less cooperative you are and the more serious the defects, the more expensive it will become.

The best way to avoid fines is to remedy the defects, publish a clean accessibility statement, and be cooperative in the event of an inspection.

Frequently Asked Questions (FAQ)

Are 20 WCAG errors counted as 20 fines?

No. The 20 errors are all part of the single offense "Service offered non-compliant" (§ 37 Para. 1 No. 8). However, the number of errors will strongly influence the amount of the fine within the 100,000 € framework.

Must I receive a warning before I get a fine?

Not necessarily. The law separates the procedure for remedying defects (§ 29, § 30) from the fine procedure (§ 37). The authority can impose a fine without giving you a deadline for remedy beforehand, since the administrative offense (offering the non-compliant webpage) has already occurred.

Who determines the exact amount of the fine?

The responsible market monitoring body. It decides "according to due discretion." It takes into account the severity of the violation, the duration, possible intent (were you aware of it?), and your economic circumstances.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. The presentation of the fine scenarios is simplified and theoretical. I assume no liability for the accuracy or completeness of the information presented here. Please consult a specialized lawyer for your specific situation.

1. Bundesministerium der Justiz und für Verbraucherschutz, “Gesetz zur Umsetzung der Richtlinie (EU) 2019/882 des Europäischen Parlaments und des Rates über die Barrierefreiheitsanforderungen für Produkte und Dienstleistungen (Barrierefreiheitsstärkungsgesetz – BFSG).” 2023. [Online]. Available: https://www.gesetze-im-internet.de/bfsg/ ⤴