First and foremost … EN 301 549.
EN 301 549 is the European technical standard used to ensure compliance with EU accessibility legislation. For web content, it references WCAG 2.1 Level AA, which covers documents, software, and hardware. For the Public sector, the Web Accessibility Directive (2016/2102) requires government websites, apps, and digital documents to meet EN 301 549. In the private sector, EN 301 549 is the primary standard used to demonstrate compliance for consumer-facing products and services. EN 301 549 is not a law but a technical standard that must be met across the EU.
What is WCAG and why does it matter?
WCAG (The Web Content Accessibility Guidelines) is an internationally recognized accessibility standard. WCAG helps define how to make web products accessible to people with disabilities. The current version, which is used in most accessibility frameworks, is based on four principles: Perceivability, Operability, Understandability, and Robustness (POUR); and three conformance levels: Level A (basic), Level AA (the level usually required by accessibility laws worldwide), and Level AAA (enhanced). As Level AA is typically the standard across Europe, concepts such as sufficient color contrast, keyboard navigability, proper heading structure, and text alternatives are legal requirements for web products.
By understanding WCAG itself and the guidelines it defines, one can better understand the accessibility laws they must comply with when designing a product or website.
The Legal Hierarchy
European accessibility laws hierarchy goes like this: The EAA (set in place across the EU) → Then the country will take the goal and implement it into their federal legislation, making it fit their country → next, a regulation will be made to ensure compliance with the accessibility law → Lastly, the technical standard that is the basis of the law is EN 301 549.
This article will cover only three specific EU countries, and each has its own laws and technical standards. Still, it’s important to remember that since June 2025, the European Accessibility Act has covered certain consumer-facing products and services and EN 301 549, which form the backbone of each country’s accessibility standards.
Germany the private sector: EAA → BFSG (law) → BFSG-V (regulation) → EN 301 549
The BFSG (Barrierefreiheitsstärkungsgesetz) is Germany’s national accessibility law following the implementation of the EAA. It applies to private companies that offer consumer-facing products and services, such as e-commerce, banking apps, and ticketing platforms. It has been implemented since the 28th of June 2025 and requires companies offering in-scope products and services to follow EN 301 549 and implement WCAG 2.1 level AA.
The exemptions to the BFSG apply to microenterprises with fewer than 10 employees and an annual turnover of under €2 million.
Enforcement of BFSG is the responsibility of the Market Surveillance Bodies of the Federal States; penalties for non-compliance with these technical standards can reach up to €10,000 or €100,000, and may result in a ban on sale.
Germany, the public Sector: WAD → BGG (law) → BITV 2.0 (regulation) → EN 301 549
For the public sector, everything runs through the BITV 2.0 (Barrierefreie-Informationstechnik-Verordnung). BITV 2.0 references EN 301 549 and incorporates WCAG 2.1 AA. This covers public websites and web applications operated by federal agencies, federal agency mobile apps, and documents published on those websites. It is important to note that when your client is from Germany, BITV 2.0 is a federal regulation, and each German state has its own version of the regulation and its own implementation. If your client is a state ministry or municipal authority, you need to check the state’s regulations for BITV 2.0.
Notice something? The European accessibility act is enforced mainly in the private sector; the public sector in Germany must follow BGG and BITV, but its routes are not derived from the EAA.
Austrian Accessibility law and regulation: EAA → BaFG (law) → EN 301 549
The BaFG applies to all companies that bring products or services into the market after June 28th 2025. Micro enterprises with fewer than 10 employees and a turnover of no more than 2 million euros do not have to apply BaFG to their products or services. For countries with more than 10 employees, the BaFg (Barrierefreiheitsgesetz) follows EN 301 549, which means its technical standards comply with WCAG 2.1 Level AA.
The penalties for not utilizing these technical standards include fines and potential market withdrawal of products or services. It is also important to note that to implement BaFG fully, you must publish an accessibility statement and regularly update it to reflect your compliance status.
Switzerland: BEhiG
The BehiG is rather similar to the accessibility requirements stated in the US and Canada, which means that it establishes the person’s right not to be discriminated against. A person with a disability must have equal access to all products and services and must not be limited by a product’s inability to comply with universal accessibility standards. As Switzerland is not part of the EU, it is not formally required to adhere to EN 301 549 or the EAA.
In Switzerland, private companies commonly use WCAG level AA as their technical standards. If you are building for the Swiss public sector, most of the contractual references follow EN 301 549. Swiss companies operating in the EU are also subject to the EAA and must follow those standards if they wish to offer their products and services.
The enforcement of BEhiG is the responsibility of the Federal Office for the Equality of People with Disabilities, and violations of this discrimination act may result in compensation of up to CHF 5,000, court-ordered corrective measures, and potential market exclusion.
France: Law No. 2005-102 (law) → RGAA (regulation) → EAA → EN 301 549
France was among the earliest EU countries to adopt updated, regulated digital accessibility standards following the introduction of the EAA in 2025. The public sector in France must follow France’s national framework based on WCAG and EN 301 549, called the RGAA (Référentiel Général d’Amélioration de l’Accessibilité). When the EAA was introduced to the EU, both the WCAG and EN 301 549 standards were adopted in the private sector. The enforcement of these regulations is robust, with ongoing court cases and government oversight.
Potential fines can reach up to €50,000 per non-compliance service and €25,000 for a missing accessibility statement or plan for companies with an annual turnover of €250,000 or more. For serious violations, disqualification from public contracts, and designation as a non-compliant organization.
Spain: EAA → Ley 11/2023 (law) → Real Decreto 1112/2018/ Real Decreto 193/2023 (regulation) → EN 301 549
Real Decreto 1112/2018 applies to public-sector websites and apps, as well as to private entities that provide public services, requiring compliance with EN 301 549 and the publication of accessibility statements. The enforcement of Real Decreto 1112/2018 is with the Ministry of Hacienda y Función Pública (PDF in Spanish), with potential fines, loss of public subsidies, exclusion from public tenders, and mandatory corrective action.
Regarding the private sector, Ley 11/2023 applies to consumer-facing products and services. In addition to implementing and adapting EAA, there are active anti-discriminatory laws in place, similar to those in Switzerland and the US. Ley 11/2023 is enforced by the autonomous communities, consumer protection agencies, and the national market surveillance authorities. Penalties can include fines of up to €600,000, operational bans of up to 2 years, potential withdrawal from product or service markets, and loss of public grants.
Sweden: EAA → Lag (2023:254)(law) → SFS 2018:1938/ MDFFS 2019:2 (regulation) → EN 301 549
Acts SFS 2018:1937 and SFS 2018:1938 assigned regulatory oversight to the Agency for Digital Government (DIGG). Act Lag 2023:254 (Source in Swedish) applies to the Swedish private sector for products and services and requires compliance with EN 301 549, as well as many WCAG 2.1 criteria. Although the EAA was only enforced in 2025, the public sector in Sweden has been required to follow the DIGG and WCAG guidelines since 2019.
The private sector is overseen by the Swedish Consumer Agency and the Agency for Digital Government under the Ministry of the Social sector. Penalties under Lag (2023:254) can reach up to 10,000,000 SEK, and market withdrawal of products and services may occur. For the public sector, SFS 2018:1938 andMDFFS 2019:2 are enforced by the Agency for Digital Government and Sweden’s Equality Ombudsman.
Why should you start taking accessibility seriously?
Since the European Accessibility Act was enforced in June 2025, countries across the EU have worked to implement it and impose consequences on those who take the accessibility standards lightly.
One example of this is in France, where the Disability rights organization filed an emergency injunction in November 2025 against four of France’s largest grocery store retailers. The lawsuit was based on inaccessible online shopping platforms, incompatibility with screen readers, and missing image descriptions.
Many countries were quick to act and implement the necessary standards set out by both the EAA and EN 301 549. It is important that every country catches up and that every company begins implementing these necessary regulations into their products and services.
What this means for you
If you intend to create digital products in Germany, the BFSG applies. On top of this, you must follow the technical standards defined in WCAG 2.1 Level AA and the EN 301 549. You also need to provide an accessibility statement at the end of each year to demonstrate your compliance with accessibility guidelines and to document any updates.
German public agencies?
BITV 2.0 applies, and you must also follow the EN 301 549 and WCAG 2.1 Level AA. You must also provide a conformance report to said accessibility guidelines.
Austrian clients?
BaFG implements the technical standards defined by WCAG 2.1 Level AA, the EAA, and the EN 301 549.
Swiss clients?
You must implement WCAG 2.1 level AA, but if you intend to branch out into the EU, you will have to follow the standards in EN 301 549.
French clients?
The EAA, EN 301 549, and WCAG 2.1 Level AA apply within a pre-established framework such as RGAA and la Loi pour la confiance dans l’économie numérique. As previously mentioned, France is among the most active in implementing these laws and regulations, and it’s important to keep this in mind if you intend to sell products and services in the French market.
Spanish clients?
Ley 11/2023 applies to the private sector, and Real Decreto 1112/2018 applies to the public sector. Both frameworks include EN 301 549 and WCAG 2.1 level AA. An accessibility statement and regular updates are required, and failure to comply will result in significant fines.
Swedish clients?
Act (2023:254) applies to private-sector products, while Act SFS 2018:1937 applies to public-sector products. The technical requirements one is expected to follow are established in EN 301 549 and in implementing WCAG 2.1 Level AA.
Inherently, all roads point back to EN 301 549 across Europe, and implementing its technical standards is the best way to ensure that your web products and services meet basic accessibility requirements.
Now that I know the laws and regulations, what do I do?
There aren’t specific steps, as everyone’s starting place is different. What’s important to consider is that accessibility is a key compliance domain and requires ongoing attention. Constantly updating and fixing the accessibility of your products and services is expected of you. It cannot be treated as a one-time project, but rather as something that needs to be monitored and managed.
Getting an audit is a good way to get started, but truly maintaining your website’s accessibility requires implementing policies, practices, and procedures so you don’t drift away from compliance once it’s achieved.
At the end of the day, you must also recognize that the laws and regulations are in place to ensure that everyone has equal access to products and services. While the main purpose of this article is to help our readers develop a basic understanding of some accessibility laws in the EU, it was also made to reaffirm the importance of the EAA and EN 301 549. People with disabilities are not an afterthought; all companies must understand this.
