EAA Penalties: ACM Fines for Accessibility Violations in NL

The European Accessibility Act (Directive 2019/882) has been in force in the Netherlands since June 28, 2025. The ACM (Autoriteit Consument & Markt) enforces it. Here is what the penalty framework looks like.

Status of enforcement (May 2026)

No EAA-specific fines have been levied under any transposed national law. France filed the first lawsuits in November 2025 against Auchan, Carrefour, E.Leclerc and Picard. Rulings are pending. In Germany, e-commerce operators received private competition warning letters (Abmahnungen) under UWG, not BFSG fines. The Dutch ACM is auditing companies that failed to file mandatory reports in spring 2026 and has not yet issued a formal EAA fine. Sources: Deque, Pivotal Accessibility (eaa-enforcement-in-europe-following-the-june-2025-deadline).

Maximum Fine: €900,000

The Dutch implementation of the EAA gives the ACM authority to impose administrative fines under the Wet handhaving consumentenbescherming (WHC). The maximum fine for an EAA violation is €900,000 per violation or 1% to 10% of annual turnover for larger undertakings (whichever is higher).

In practice, the ACM rarely imposes the maximum. Fines are calibrated to:

• The severity of the violation (how many users are affected, how severely)
• The size of the business
• Whether the business responded to initial enforcement contact
• Whether the violation was deliberate or negligent
• The duration of non-compliance

Enforcement Timeline

The ACM's enforcement approach follows a graduated escalation:

Phase 1: Market monitoring (2025)

The ACM monitors the market to identify sectors and businesses with the most significant accessibility problems. In November 2025, the ACM published the results of its investigation into the 60 largest Dutch webshops: 61% had serious accessibility problems.

Phase 2: Business engagement (2026)

The ACM contacts non-compliant businesses directly and gives them an opportunity to remedy the situation voluntarily. The ACM has stated it will work with businesses to achieve compliance before escalating to formal enforcement.

This phase gives businesses a chance to fix issues without facing formal proceedings. Businesses that engage constructively and demonstrate progress are less likely to face immediate fines.

Phase 3: Formal enforcement (2026 onwards)

Businesses that do not respond to ACM contact or fail to make meaningful progress face formal investigation. This can result in:

• Binding corrective orders (naming specific violations that must be fixed by a deadline)
• Administrative fines (up to €900,000)
• Publication of enforcement decisions (reputational damage)

The ACM has indicated it will focus initial enforcement on:

• The largest businesses with the most significant accessibility failures
• Businesses that do not respond to initial contact
• Businesses where violations prevent users with disabilities from accessing a core service (e.g., a checkout process that screen reader users cannot complete)

Comparison with Other EU Member States

The EAA implementation varies by member state. The Netherlands has one of the higher maximum fines and the ACM is one of the more proactive enforcement authorities.

The Disproportionate Burden Defense

Before the ACM can issue a fine, a business can invoke the "disproportionate burden" defense for specific accessibility requirements. This allows businesses to argue that implementing a particular requirement would be financially disproportionate.

Requirements for the defense:

1. Must be specific to a particular requirement, not a general opt-out
2. Must be documented in an accessibility statement
3. Must balance the costs of implementation against the benefit to users with disabilities
4. Must demonstrate that alternative accessible means are provided where possible

The defense cannot be used for requirements that are straightforward to implement (alt text on images, for example). Those have essentially no cost and no disproportionate burden argument applies.

Accessibility Statement Requirement

Non-exempt businesses must publish an accessibility statement on their website. This statement must:

• State the level of compliance achieved (WCAG 2.1 AA)
• List any known non-compliant elements and the reasons
• Describe alternative access methods for non-accessible content
• Include a contact mechanism for accessibility issues
• State whether a disproportionate burden exception is claimed and for which requirements

The accessibility statement is itself auditable. The ACM can check whether the statement accurately reflects the actual state of accessibility. A false claim of full compliance when the website has known issues is an aggravating factor.

What This Means for Dutch Businesses

If you are a micro-enterprise (fewer than 10 employees AND below €2 million turnover): You are exempt from the EAA. No accessibility statement required, no fines possible under the EAA for your website.

If you are not a micro-enterprise but your service predates June 28, 2025: The EAA transition period gives you until June 28, 2030 for existing services that were not substantially changed after the EAA came into force. However, the ACM can still contact you and recommend improvements.

If you launched a new digital service after June 28, 2025: You are required to comply now. No transition period.

If you are in the ACM's monitoring scope (larger webshops, financial services, transport): Expect contact from the ACM in 2026. Engage constructively and demonstrate progress to avoid formal enforcement.

Practical Next Steps

1. Confirm your EAA status: Are you a micro-enterprise? Check your employee count and annual turnover.
2. Run an accessibility check: Use the free axe DevTools browser extension or scan your website with our scanner to identify common issues.
3. Fix the quick wins: Alt text on images, labels on form fields and colour contrast are typically fast to fix and cover the most common violations.
4. Publish an accessibility statement: Even if not yet fully compliant, a statement that acknowledges known issues and shows your improvement plan demonstrates good faith.
5. Track your compliance journey: The ACM rewards businesses that engage seriously with accessibility. Start now even if you cannot achieve full compliance immediately.

For a complete overview of EAA requirements and a Dutch-specific checklist, read our EAA small business guide. For webshop-specific guidance, see EAA accessibility for webshops. To check whether the SME exemption applies to your business, walk through the EAA exemption decision tree. For more on how the ACM approaches enforcement, read our guide on how the ACM enforces accessibility requirements.

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This article is technical analysis, not legal advice. Consult a lawyer for advice specific to your situation.