The first European digital accessibility lawsuits

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Across Europe, businesses are entering a new era of accountability as accessibility moves from being best practice to a legal requirement.

With the European Accessibility Act (EAA) now in force and EN 301 549 defining technical standards, the risk of an accessibility lawsuit is rising across the EU. Businesses that fail to adopt inclusive design early face growing legal and reputational challenges.

Continue reading our article, which explores the first lawsuits in the EU linked to the EAA and what retailers need to do to meet compliance.

EAA Enforcement in France 

On July 7, 2025, a landmark moment in web accessibility lawsuits began in France. ApiDV and Droit Pluriel, two leading organisations advocating for people with visual impairments, supported by the legal collective Intérêt à Agir, issued formal notices to several large retailers for failing to make their digital shopping services accessible.

The notice targeted four major retailers:

  • Auchan – Website and mobile app

  • Carrefour – Website

  • E. Leclerc – Website

  • Picard Surgelés – Website and mobile app

These organisations argue that inaccessible digital services amount to digital discrimination, affecting over 12 million visually impaired people in France alone. Retailers have been given until September 1, 2025, to comply or face legal action, as outlined in the formal notice.

What is the European Accessibility Act (EAA)?

The EAA is the EU’s landmark digital accessibility law designed to ensure that consumer products and services, including eCommerce platforms, websites, mobile apps, and self-service terminals, are accessible to people with disabilities.

Passed in 2019, the directive introduces strict European Accessibility Act compliance deadlines:

  • 28 June 2025: All new products and services must meet accessibility requirements.

  • 28 June 2030: All existing products and services must be compliant, including those launched before 2025.

The EAA applies to any organisation conducting business within the EU, regardless of where the company is based, making accessibility compliance a cross-border requirement for global brands.

EN 301 549: The technical standard you need to know

To meet EAA requirements, organisations must align with EN 301 549, the European standard for digital accessibility. Developed by ETSI, CEN, and CENELEC, it aligns closely with WCAG 2.1 Level AA while covering additional areas such as:

  • Non-web software (e.g., desktop applications)

  • Digital documents (PDFs, eBooks)

  • Hardware interfaces (e.g., ATMs, ticket machines)

  • Real-time communication services

For retailers, this means auditing websites, mobile apps, checkout flows, and self-service terminals to ensure they meet these technical requirements.

What Happens if You Fail EAA Compliance? Penalties by Country

EU member states have appointed regulators to monitor, audit, and enforce European Accessibility Act compliance. In addition to government audits, users, competitors, or NGOs can also file complaints. Regulators have the power to:

  • Conduct audits and request evidence of compliance (e.g., accessibility statements).

  • Set deadlines for corrective action.

  • Impose fines, sales bans, or suspensions for repeated violations.

Penalties vary by country, with fines reflecting the seriousness of each breach of digital accessibility law:

  • France: €5K–€250K per violation, plus €25K for missing accessibility statements.

  • Germany: Up to €500K per violation under the Barrierefreiheitsstärkungsgesetz.

  • Spain: €30K (minor), €150K (serious), €600K (very serious).

  • Italy: €5K–€40K, or up to 5% of annual turnover for companies under the Stanca Law.

Find out more about our accessibility audits and inclusive user testing to help you align with EN 301 549 and achieve EAA compliance.

Why you must prioritise accessibility now

Accessibility isn’t a nice-to-have; it’s a business-critical factor.

Every inaccessible form, poorly labelled button, or confusing navigation structure isn’t just a user experience issue; it’s a lost customer and a potential compliance risk.

Across Europe, at least 14% of users have a disability, meaning that inaccessible websites and apps are actively turning customers away.

Accessible design doesn’t just protect against lawsuits; it also drives measurable business benefits, such as:

  • Higher engagement: Accessible design reduces drop-offs during browsing and checkout.

  • Lower costs: Better UX means fewer customer support calls and fewer fixes post-launch.

  • Stronger loyalty: Customers reward brands that deliver seamless and inclusive experiences.

  • Reduced risk: Training teams and embedding accessibility early avoids costly retroactive fixes and legal risks under the EAA.

Arc Inclusion helps retailers embed accessibility into every stage of the product lifecycle, from design to launch, ensuring digital experiences work for all users while achieving European Accessibility Act compliance.

How to Meet Accessibility Requirements?

Meeting the requirements of the EAA isn’t just about avoiding fines; it’s about integrating accessibility into daily practices. To comply with EU digital accessibility law, retailers and organisations should:

  • Conduct accessibility audits: Use both manual and automated testing to find and fix barriers.

  • Test with disabled users: Gain real-world feedback by involving people using screen readers, keyboards, and assistive technology.

  • Train your teams: Build internal expertise across design, development, and content creation with role-based training.

  • Partner with experts: Arc Inclusion provides guidance, training, and remediation to help you achieve WCAG and EN 301 549 compliance.

Final Thoughts

The lawsuits in France mark the start of stricter enforcement across the EU. With the 28 June 2025 EAA deadline now in effect, retailers must act fast to assess and remediate their digital platforms.

Businesses that take proactive steps today will avoid costly legal action, strengthen brand trust, and tap into a broader, underserved market.

Arc Inclusion can help your business:

  • Conduct WCAG 2.2 and EN 301 549 audits

  • Deliver inclusive design consulting and training

  • Provide accessible web and app development

  • Support ongoing remediation and monitoring

Ready to prioritise accessibility and achieve European Accessibility Act compliance Contact Arc Inclusion today to prepare for EAA compliance and build digital experiences that work for everyone.

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FAQs

An accessibility lawsuit is legal action brought against a business or organisation for failing to make its products, services, or digital platforms accessible to people with disabilities.

 

Lawsuits are typically based on legislation such as the Americans with Disabilities Act (ADA) in the U.S. or the European Accessibility Act (EAA), which establish clear digital accessibility law requirements.

 

Outcomes of accessibility lawsuits can vary depending on the country, but often include:

  • Financial penalties or settlements

  • Publication of accessibility statements

  • Reputational damage from negative press

  • Court-mandated accessibility remediation

Accessibility lawsuits are becoming increasingly common worldwide.

 

In the United States, there has been a 37% surge in ADA lawsuits across a range of industries, including retail, eCommerce, and hospitality.

 

Enforcement under the European Accessibility Act (EAA) officially began in June 2025. Although comprehensive data is still emerging, the first web accessibility lawsuits in France have already targeted major retailers, marking the start of stricter compliance checks and legal action across the EU.

 

The evidence is clear: as digital accessibility law is more widely enforced, organisations that delay compliance face increasing exposure to lawsuits, fines, and reputational damage.

Under the European Accessibility Act, eCommerce websites must meet the EN 301 549 accessibility standard.

Adhering to this standard ensures that online shopping platforms are usable by all customers, including those who rely on assistive technologies such as screen readers or keyboard navigation.

 

Key accessibility requirements for eCommerce brands include:

 

  • Descriptive alt text for images

  • Clear and consistent navigation

  • Accessible checkout flows

  • Accessible digital documents

  • Keyboard operability

  • Sufficient colour contrast and readable fonts

See more FAQs

Website accessibility monitoring is the fundamental process of scanning your website to detect any issues that could prevent users with disabilities from using it. Automated web accessibility monitoring tools continuously check for accessibility issues across your site, providing instant alerts for new and updated content, as well as your overall site health.

 

They track compliance with standards like the Web Content Accessibility Guidelines (WCAG) and show you how accessible your site is, where it should be, and what improvements should be made to deliver a better experience for all users.

 

In addition to measuring your compliance, they also provide a clear picture of your progress over time, so you can track the impact of your improvements and maintain ongoing accessibility.

The two main types are automated and manual monitoring. Together, they provide you with a comprehensive view of how accessible your site is and where improvements are needed.

 

  • Automated monitoring uses specialised web accessibility monitoring tools to scan your website for non-compliant features and common issues, such as missing alt text, poor colour contrast, or keyword navigability issues. These tools can also provide instant alerts for when site elements present accessibility risks and site health reports so you can prioritise any issues.

  • Manual monitoring is where accessibility experts and testers come in to review your site as a real user would, often using assistive technologies like screen readers. They will usually check how easy it is to navigate through pages, interact with content, and understand messages or instructions. The aim is to identify any areas which may present barriers for individuals with disabilities.

Accessibility monitoring is crucial for ensuring that everyone can use and experience your site in the same way, regardless of ability. It is also essential for staying compliant with standards like WCAG and with laws like The European Accessibility Act 2025.

 

Without regular monitoring, accessibility issues can easily appear when new pages are added, content is updated, or designs are changed.

 

Continuous website accessibility monitoring gives you a framework to:

  • Stay compliant

  • Improve user experience

  • Respond to issues quickly

  • Track progress over time

Accessibility monitoring should be integrated into your process rather than a one-time check. Websites can change frequently, with new pages, designs, and content changes, but each update can introduce accessibility issues.

 

Continuous monitoring, both manual and through an automated website monitor, is recommended to catch any issues as soon as they appear, particularly after any big changes, such as adding interactive elements, redesigns, and when legal or accessibility guidelines are updated.

 

Even without significant changes, monitoring should be a consistent part of your organisations website maintenance.

 

The more you test the better, but for those looking for an exact amount, ideally once a month is a good starting point to catch any emerging issues.

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