It has been just over six months since the European Accessibility Act (EAA) alongside its national implementations in Germany, the Barrierefreiheitsstärkungsgesetz (BFSG) and its accompanying Executive Order (BFSGV) entered into force on June 28, 2025. Since then, businesses have been obliged to implement and demonstrate compliance with accessibility requirements under the EAA. An in depth review on the scope of the EAA and its implementation in Germany can be found here, and detailed information on all key questions regarding the EAA in our Taylor Wessing interface series on Accessibility here.
Recent developments since the EAA came into force
- First enforcement actions
Enforcement under the EAA is not limited to activities initiated by the competent national market surveillance authorities. Legal claims can also be brought forward by consumers, consumer protection organizations, and associations representing people with disabilities. To date, no enforcement actions by the German market surveillance authority or such associations have been reported. However, some warning letters have already been sent out by private actors, but it remains unclear whether these letters actually address valid legal infringements of the BFSG.
Developments in other countries are different: In France, four large retailers were first formally requested by an association representing people with disabilities to comply with the accessibility requirements of their online presence and mobile app. When these requests were not adequately fulfilled, the association initiated interim legal proceedings in November 2025, seeking quick decision and putting pressure on those companies to comply with the EAA.
In the Netherlands, the Dutch Authority for Consumers and Markets (ACM) allowed economic operators to report non-conformance until October 15, 2025, but is now carrying out first audits and investigations for compliance with the Dutch implementing law of the EAA.
In October 2025, the Swedish Post and Telecom Authority also began their first reviews of companies in scope of the EAA for providing of e-commerce services, in particular the accessibility of the companies’ online shops. The authority announced to particularly focus their review on the homepage, the product page, and the search function of the online shop.
Overall, enforcement practice shows that authorities focus on requiring compliance and implementing the necessary accessibility measures, rather than imposing fines.
- Accessibility statements
Under the EAA, service providers are required not only to make their services accessible but also to publish an accessibility statement, informing their customers about how they comply with the accessibility requirements. Service providers must document the digital accessibility of their offerings and communicate transparently the level of accessibility achieved. A particular challenge for businesses is that there is no EU-wide template for accessibility statements. Moreover, national implementations of the EAA indicate divergent requirements for the accessibility statement. Under the German BFSG, such statements must include a general description of the service in an accessible format, an explanation of how the service is provided, measures taken to comply with accessibility requirements, and in particular, details of the competent market surveillance authority. In France, on the other hand there is a specific template including further requirements: Businesses must, among other things, disclose which parts of the website are inaccessible and, where applicable, include information about accessible alternatives. Additionally, contact mechanisms must be included to allow persons with disabilities to report accessibility issues to the service provider and to file complaints, if the issues are not resolved. The accessibility statement must also include the date of the last update. Similarly, in Spain, it is required to provide contact information for reporting complaints, further, the date of the last update of the accessibility statement must be provided.
- Designation of a market surveillance authority
Member states are required to establish a market surveillance authority to ensure and enforce compliance with the accessibility requirements under the EAA. Germany has designated the "Market Surveillance Authority of the Federal States for the Accessibility of Products and Services" (“Marktüberwachungsstelle der Länder für die Barrierefreiheit von Produkten und Dienstleistungen”, “MLBF”, please see here) as the competent authority for the in-scope products and services which began its operations with a slight delay after the EAA entered into force, on September 26, 2025. The MLBF will be responsible for all federal states in Germany, with its main office located in Magdeburg. Other countries such as the Netherlands and Sweden split the responsibility among different authorities depending on the product or service.
- Formal reporting forms to notify authorities about non-compliance or reliance on the exceptions
Businesses are required to notify to the market surveillance authority if their service is not compliant with the EAA (Art. 13(4) EAA) or if they rely on an exemption (Art. 14(8) EAA), such as the exemption of disproportionate burden of compliance. For these cases, the authorities of some Member States offer standardized forms or reporting tools. This is the case in Austria or Luxembourg, as well as in the Netherlands for e-commerce services and e-books, and in Sweden for e-commerce services. In many other Member States, including Germany, the notifications can currently only be submitted via the regular contact channels.
Implementation of accessibility requirements – the role of the EN 301 549 standard
The EAA does not provide specific technical instructions on how to meet the accessibility requirements. Harmonized European standards therefore play an important role. Economic operators complying with European harmonized standards are presumed to be in conformity with the EAA. One of the most relevant standards for the implementation of the EAA is EN 301 549, which references the Web Content Accessibility Guidelines (WCAG) version 2.1. This technical standard defines requirements for the accessibility of products and services based on information and communication technologies, ensuring usability by people with disabilities.
EN 301 549 is currently undergoing an update in order to technically specify and include the new requirements of the EAA. Unfortunately, the revision timeline did not align with the entry into force of the EAA. A first draft of version 4.1.0 was published in November 2025 (see here). This draft is under review, with the approved version expected to be published in Q3 2026 (see here) in the Official Journal of the EU, thereby becoming a harmonized standard. Due to this delay, businesses have so far primarily applied the widely used WCAG requirements, version 2.1 as benchmark. The forthcoming version 4.1.1 will likely reference WCAG version 2.2.
Conclusion and recommended measures for businesses
Six months after the EAA became applicable, accessibility compliance is no longer theoretical. Initial developments in several Member States show gradual but real enforcement often driven not only by authorities but also by associations and competitors. While enforcement actions currently tend to push companies toward remediation rather than immediately imposing fines, this phase should be understood as a limited adjustment period rather than a lasting enforcement approach.
Businesses should therefore use this window to close compliance gaps instead of waiting for harmonized standards or established case law.
In particular, businesses should:
- Conduct a targeted accessibility gap analysis against WCAG 2.1 and the evolving EN 301 549 requirements across all in-scope products and services.
- Ensure accessibility statements are accurate and country-specific, reflecting actual implementation rather than generic descriptions.
- Prepare internal response processes for complaints and authority inquiries, including clear ownership and documentation.
- Maintain technical documentation demonstrating how accessibility requirements are implemented.
- Plan for future updates, especially the expected alignment of EN 301 549 with WCAG 2.2.
Overall, accessibility under the EAA should be treated as an ongoing compliance process, not a one-time project. Businesses embedding accessibility into development and governance structures now will significantly reduce legal and operational risk once enforcement becomes more standardized across the EU.
