Introduction
With the European Accessibility Act (EAA) now in force and EN 301 549 defining technical standards, some businesses are starting to face legal and reputational risks for failing to adopt inclusive design.
This article explores the first lawsuits in the EU linked to the EAA and what retailers need to do to meet compliance.
A legal turning point: French retailers under pressure
On July 7, 2025, a landmark moment in digital accessibility enforcement 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.
Read the full press release here.
What is the European Accessibility Act (EAA)?
The EAA is an EU directive designed to ensure that consumer products and services, including eCommerce platforms, websites, mobile apps, and self-service terminals, are accessible to people with disabilities.
The Act was passed in 2019, with compliance deadlines as follows:
- 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.
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, and CEN & 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
Retailers must evaluate websites, apps, checkout flows, and kiosks to ensure compliance with these requirements.
Examples of non-compliance and penalties
EU member states have appointed regulators to monitor, audit, and enforce EAA compliance. 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.
For up to date global accessibility law and policy, consider following the Law Office of Lainey Feingold
The penalties may vary by country:
- France: Examples include €5K–€250K per violation, plus €25K for missing accessibility statements.
- Germany: Up to €500K per violation under the Barrierefreiheitsstärkungsgesetz.
- Spain: Indiucates that a tiered system will be in place, with €30K (minor), €150K (serious), €600K (very serious).
- Italy: Have considered €5K–€40K in fines, or up to 5% of annual turnover for companies under the Stanca Law.
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.
Across Europe, at least 14% of users have a disability, meaning that inaccessible websites and apps are actively turning customers away.
Better for people. Smarter for business.
Accessibility drives both user satisfaction and commercial benefits:
- 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.
How you can meet accessibility standards
- 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.
- 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 active, retailers must act fast to assess and remediate their digital platforms.
Those who 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 start? Contact Arc Inclusion today to prepare for EAA compliance and build digital experiences that work for everyone.