The cost of non-compliance: EAA penalties and business risks organizations shouldn’t ignore!

We are living in a digital-first era, where web accessibility is no longer optional. It has become a legal, ethical, and commercial imperative.

As the European Accessibility Act (EAA) enforcement deadline approached (June 28, 2025), organizations across the European Union and beyond ought to act urgently now to ensure their digital products’ compliance. Failing to achieve the conformance can result in hefty penalties, reputational damage, legal consequences, and a significant loss of market share.

This article will focus on the non-compliance consequences and how to avoid these pitfalls.

What is the European Accessibility Act (EAA)?

The European Accessibility Act (Directive 2019/882) is an EU directive aimed at enhancing the accessibility of products and services across all member states. It applies to a wide range of digital and physical touchpoints, including:

• Ecommerce websites and apps
• Banking services
• Ticketing and check-in machines
• Smartphones and e-readers
• ATMs, self-service kiosks, and more.

By June 28, 2025, businesses were required to ensure their offerings are accessible to people with disabilities. If any of the websites or applications are still in-accessible, they must prioritize accessibility implementation now.

What happens if an organization doesn’t comply?

Let’s dive into the consequences.

• Financial penalties and fines

Non-compliance comes with a humongous price. Each EU member state enforces the EAA independently, which means the exact penalties vary. However, businesses can expect:

• Administrative fines similar to GDPR-style penalties.
• Daily or recurring fines until compliance.
• Revenue-based penalties for large organizations.

For example, in countries like Germany and France, fines for similar accessibility or consumer rights violations have reached thousands of euros per incident. Further adding to this the legal fees and remediation costs, and the total financial burden can be troublesome for organizations.

• Legal risks and lawsuits

Ignoring the EAA increases exposure to:

• Legal complaints by consumers or disability rights organizations.
• Civil lawsuits from individuals impacted by inaccessible products or services.
• Class action suits are filed if systemic discrimination is identified.

Under EU anti-discrimination laws, courts can mandate immediate accessibility fixes, impose compensation payments, or restrict non-compliant services.

• Loss of market access and contracts

Many public sector bodies, EU-funded projects, and government organizations require EAA compliance for partnerships. If a vendor fails to comply with laws, it may lead to:

• Disqualification from public tenders
• Termination of existing contracts
• Reputation loss in competitive procurement processes

Businesses that sell across EU borders must also comply with harmonized rules -failure to meet standards in one country can create barriers across the entire EU market.

• Damaged brand reputation

In today’s socially conscious marketplace, accessibility is a brand value. Non-compliance risks:

• Bad press and social media backlash
• Negative reviews and poor customer trust
• Loss of customer loyalty, especially among younger and diverse audiences.

Accessibility complaints can go viral, especially when people with disabilities share screenshots or experiences that show exclusion. The reputation damage can be swift and lasting.

• Increased operational costs later

The longer organizations delay compliance, the more expensive and complicated it becomes.

• Retrofitting is always costlier than designing with accessibility from the start.
• Emergency remediation due to legal actions or audits often leads to business disruption.
• Delayed product launches to fix accessibility gaps can hurt the time-to-market and revenue.
• Risk of accessibility audits and investigations

National authorities or consumer protection agencies may carry out random compliance audits or act on complaints. If found non-compliant, a business may face:

• Public enforcement notices
• Mandatory reporting and corrective actions
• Follow-up audits until full compliance

These investigations are resource-intensive and damaging to internal morale and public perception.

How to avoid legal risks – Practical ways to evade consequences!

To stay on the right side of the EAA, businesses should take proactive steps:

• Conduct a comprehensive accessibility audit

  Start by evaluating the current level of accessibility:

  • Review websites, mobile apps, PDFs, multimedia, and online forms for WCAG 2.1/2.2 compliance. Include both automated scanning tools and manual accessibility audit by accessibility experts.
  • Assess physical products (e.g., kiosks, ATMs) and services (e.g., customer support, ticketing machines) for accessibility standards.
• Adopt WCAG 2.1 or 2.2 standards for the websites and apps
  • Websites/apps follow WCAG 2.1 AA (minimum) or WCAG 2.2 AA (recommended)
  • Focus on key principles: Perceivable, Operable, Understandable, and Robust.
  • Make all interactive elements (buttons, forms, menus) keyboard- and screen-reader-friendly.
  • Add proper color contrast, text alternatives, focus indicators, and error messages.
• Train and upskill internal teams

  EAA compliance can be successfully implemented only when each department knows how to implement and maintain accessibility:

  • Designers need training on visual and interaction accessibility.
  • Developers must understand coding best practices for accessibility.
  • Content creators and marketers should write inclusive, screen-reader-friendly copies.
  • Product managers and QA testers should include accessibility in test cases and acceptance criteria.
• Engage accessibility consultants or partners

  If an organization lacks in-house expertise, consider hiring:

  • Accessibility consultants to audit and guide suitable remediation.
  • Legal advisors to interpret EAA requirements in specific member states.
  • Assistive technology testers to validate real-world usability.
• Update and maintain accessibility continuously

  Accessibility is not a one-time fix - it’s an ongoing process:

  • Schedule regular accessibility audits (quarterly or biannually).
  • Update accessibility statements on the website.
  • Track compliance using KPIs and dashboards.
  • Stay updated on regulatory changes and WCAG updates.
• Ensure third-party tools and platforms meet accessibility requirements

  Many businesses use third-party tools to incorporate various features and functionalities. So, they must know that it is legally their responsibility to ensure those tools’ compliance, since the tools impact their customers’ experience directly. Thus,

  • Audit vendors’ CRM, ecommerce platforms, payment systems, customer support tools, etc.
  • Evaluate widgets, plug-ins, and embedded services (like payment gateways or chatbots) for accessibility gaps.
  • Ask for accessibility conformance reports (like VPATs).
  • Include accessibility clauses in vendor contracts.
• Communicate accessibility commitment publicly

  Digital accessibility refers to transparency and inclusivity in every facet of the web product:

  • Publish an accessibility statement describing the exact compliance status, ongoing efforts, and contact channels for users with disabilities.
  • Offer accessible customer support channels (e.g., live chat with screen-reader support, video relay service, large text options).
  • Involve users with disabilities in beta testing and feedback loops.

Compliance is not just legal - it’s strategic!

Web accessibility helps avoiding penalties. However, it’s benefits are much more:

• Serving a wider audience (over 135 million people in the EU live with a disability).
• Boosting web SEO and user experience.
• Building inclusive, future-ready digital products.
• Gaining a competitive advantage in accessibility-conscious markets.

Read this informative blog: EAA vs. ADA: Digital Accessibility Compliance Guide

In a nutshell,

The cost of non-compliance with the EAA far outweighs the initial investment in accessibility. From financial penalties and lawsuits to reputational loss and reduced market access, the risks are real, and no business is ready to encounter such downfall.

The good news? You still have time to act.

Make accessibility a core business priority - not just for compliance, but for innovation, equality, and growth.

Avoiding accessibility compliance can cost more than just penalties - it can damage your brand and limit growth opportunities. We help organizations address accessibility gaps with expert accessibility remediation services, ensuring websites meet EAA and WCAG standards. Partner with us to reduce compliance risks, protect your reputation, and create a digital experience that works for everyone. Reach out [email protected] for more information.