Digital accessibility: what are the penalties in France, and who enforces them?
The short answer
Two regimes coexist. Under the European Accessibility Act, the DGCCRF can order compliance, and fines are €7,500, cumulative per offence. Under Article 47 of the law of 2005 (public sector and companies above €250 million in French turnover), the regulator Arcom can impose penalties of up to €50,000.
Which regime applies to my business?
The amounts quoted online contradict each other because they aren't talking about the same thing. This article covers France: each EU Member State sets its own penalties.
| European Accessibility Act | Article 47 of the law of 2005 | |
|---|---|---|
| Covers | Services targeted by the directive, like e-commerce, provided to consumers | The public sector, certain private bodies, companies above €250m in French turnover |
| Enforcement | DGCCRF, the consumer protection authority, for the Consumer Code obligations | Arcom, the audiovisual and digital regulator |
| Amount | Fines of €7,500, cumulative | Up to €50,000 |
To find out whether either applies to you, see my article on the European Accessibility Act and the one on the accessibility statement.
What's the risk under the European Accessibility Act?
The DGCCRF guidance sets out three levels:
- An order: DGCCRF officers can order professionals to bring their products and services into compliance. The order can come with a periodic penalty and a publicity measure.
- A fine: offences are 5th-class contraventions, with fines of €7,500, cumulative according to the number of offences found.
- A suspension: placing non-compliant products on the market can be suspended by order, if non-compliant practices persist.
The word to remember is "cumulative". The total depends on the number of offences found, so it doesn't stop at €7,500.
What's the risk under Article 47?
Since the ordinance of 6 September 2023, Arcom has been responsible for enforcement. According to the specialist press, the procedure starts with a formal notice, and the penalty can reach:
- €50,000 for a breach of the accessibility obligation;
- €25,000 for the other obligations, such as publishing the statement.
If the breach continues for more than six months, a new penalty can be imposed.
What are the other risks?
The fine isn't necessarily the first cost. With an order, the publicity measure can make the breach public. And the most immediate risk remains commercial: a form that can't be filled in with a keyboard is an order that doesn't happen.
How do you reduce the risk?
In the order I'd do it:
- Identify the regime that applies to you, with your figures and your services.
- Take stock of your key journeys. The audit process explains what that involves.
- Fix first whatever blocks a purchase, a sign-up or a contact request.
- Document your approach: audits, plan of fixes, dates. If you invoke a disproportionate burden, the assessment must be documented.
The audit options are on the Accessibility page.
Frequently asked questions
Why do amounts differ from one article to another?
Because many texts mix up the two regimes. The €7,500 relates to the European Accessibility Act obligations in the French Consumer Code. The €50,000 relates to Article 47 of the law of 2005. Start by checking which one applies to you.
Can a company be covered by both?
Yes, a large company above the €250 million threshold in French turnover that sells online to consumers can fall under both. Have this checked by a lawyer.
Does a micro-enterprise risk a penalty?
For services, micro-enterprises are exempt under the European Accessibility Act: fewer than 10 employees, and turnover or a balance sheet total of €2 million at most. The details are in my article on the EAA.