EAA sanctions — criminal liability and market bans
Most organisations think about EAA enforcement in terms of financial penalties, and in France there is no single regulator to impose one. The financial penalties are real. But EAA sanctions operate through three distinct mechanisms, and for organisations in Ireland or Sweden, the non-financial consequences are often the more significant ones.
When people search for “EAA sanctions,” they are usually looking for one of two things: how severe is the enforcement, and does it go beyond fines? The answer to both is yes. EAA enforcement involves three distinct sanction types across the markets where enforcement is most active. Understanding which applies to your organisation, and why, is the starting point for assessing your actual exposure.
No financial penalties have been issued in the seven markets we monitor. Enforcement is active. Investigations are open, audits are underway and complaints are being processed. Penalty decisions have not yet been published. That does not mean the risk is not real. It means the first decisions, when they arrive, will set the precedent that shapes enforcement for years to come.
Administrative financial penalties
EAA financial penalties vary significantly by market. In the Netherlands, fines can reach 10% of annual turnover and no ceiling is verified. Financial penalties have been legally available since June 2025. None has been issued. The ACM’s published posture is compliance first. Sweden operates two separate fine mechanisms, the Sanktionsavgift and the Vite. They apply independently and can run simultaneously. Germany combines regulatory fines up to €100,000 with private Abmahnungen. France operates a per-offence model with a €250,000 systemic ceiling.
No financial penalty decisions have been published in the seven markets we monitor. For the full country-by-country breakdown of penalty ceilings, enforcement authorities, and how each market calculates fines, see the EAA fines and penalties guide.
Criminal sanctions — Ireland only
Ireland is the only EU member state where EAA non-compliance can result in criminal conviction. This is a materially different category of sanction from an administrative fine. A criminal conviction goes on record. It attaches to individuals, not only to companies. And it can result in imprisonment.
Under S.I. No. 636/2023, Ireland’s transposition of the EAA, serious or persistent non-compliance can be prosecuted as a criminal offence. The penalties on conviction are:
- On summary conviction (lower courts): a fine up to €5,000 and/or imprisonment up to 6 months
- On conviction on indictment (higher courts): a fine up to €60,000 and/or imprisonment up to 18 months
Where a company commits an offence, directors, managers, secretaries, and other officers of that company can be held personally liable. The liability does not stop at the corporate level. It follows the individuals whose decisions, actions, or neglect contributed to the non-compliance.
ComReg is the compliance authority for electronic communications services. No order or fine has been issued.
The due diligence defence. Irish law provides that a defendant who can demonstrate they exercised due diligence may have a defence against the criminal charge. In practice, this means documented evidence of active accessibility management: dated assessments, remediation records, a named owner, and a process that shows the organisation was not simply ignoring its obligations. A single historic audit is not sufficient. The evidence needs to show ongoing management, not a one-off exercise.
The due diligence defence is the reason a structured compliance programme matters in Ireland beyond the accessibility work itself. It is the difference between a defensible position and personal liability for the directors involved. See our Ireland compliance guide for the full detail.
Market bans and product withdrawal
Sweden’s PTS has a power that goes beyond financial penalties: it can prohibit the sale or distribution of non-compliant products and services within Sweden. A market ban is a sanction that operates independently of both financial penalties. PTS can apply it alongside either. A fourth mechanism sits outside all of this: in Germany, enforcement runs through private warning letters, so a competitor or a qualifying organisation can act without any regulator being involved at all.
For many organisations, a market ban is the most severe consequence available. Losing access to the Swedish market, even temporarily, can represent a greater commercial impact than the maximum financial penalty, particularly for organisations where Sweden is a meaningful revenue source. The ban applies to products and services, not just websites. A non-compliant app, a non-compliant digital service, a non-compliant product offering: all are in scope.
PTS’s proactive inspection programme, which launched in October 2025, means market ban authority is not theoretical. The 28 supervisory investigations already opened, including named inspections of H&M, IKEA and Coop, establish that PTS is actively using its enforcement powers. Penalty decisions, including possible market ban orders, are expected throughout 2026.
Two financial penalties and a market ban. In Sweden, the Sanktionsavgift and the Vite are alternatives for a given breach, not cumulative: section 38 of Lag (2023:254) bars a sanktionsavgift where a föreläggande om vite already covers the same breach. Fixing the accessibility issue does not eliminate exposure to the Sanktionsavgift if you have failed to cooperate with PTS. A market ban sits outside both and can accompany either.
What determines your exposure
Your sanction exposure depends primarily on where your products and services are offered, not where your organisation is headquartered. A company based in Dublin selling to Swedish consumers is subject to PTS enforcement. A company based in Amsterdam selling to Irish consumers is subject to Irish enforcement and Irish criminal liability provisions.
The disproportionate burden exemption does not eliminate sanction exposure. An undocumented claim of disproportionate burden is itself a compliance failure. See our disproportionate burden guide for what the exemption actually requires.
Find out where your organisation stands
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