The French law of 9 March 2023 transposes European Directive 2019/882 (the EAA), and its implementing texts set out the sanction procedure targeting non-compliant e-commerce services. Here's what actually happens, concretely, between a complaint and a possible fine.
The competent authorities
- →DGCCRF — compliance of product e-commerce services
- →ARCEP / ARCOM — regulated digital services (communications, media, certain services)
- →DGCS — coordination of disability policy
For the vast majority of online stores, the DGCCRF is the reference contact.
The most common trigger
Rarely a spontaneous inspection: almost always a complaint from a consumer with a disability, often relayed by an association (CFPSAA, APF France handicap). The association reports first, then, in the absence of a response, sets the procedure in motion with the authority.
The procedure, step by step
- 01Informal report: the user or association contacts the site's accessibility service
- 02No or inadequate response: the case moves up a level
- 03Formal notice from the authority: you're given a deadline to comply or explain yourself
- 04Adversarial phase: you present your observations and your proof of action
- 05Decision: dismissal, or a financial sanction (public)
⚠ Silence is the worst choice
What turns a simple report into a sanction is almost never the level of non-compliance — it's the absence of a response at the accessibility contact point. An accessibility inbox that genuinely replies defuses most cases before they become formal.
Amounts
Natural person: up to €50,000. Legal entity: up to €250,000. In the event of a repeat offence, doubling is possible. Sanctions are public and published — so on top of the financial harm comes reputational harm, often costlier still for a brand.
✓ The defence that works
Demonstrate an active approach from (or before) the formal notice: a recent, dated audit, a planned remediation roadmap, measurable follow-up. That's exactly what a timestamped audit report provides — proof you didn't stay idle.
Frequently asked questions
How long between the complaint and the sanction?
There's no single timeline: it all depends on the authority's responsiveness and yours. But the deadline set in a formal notice is generally counted in weeks, not months. Hence the value of having an audit already prepared on the day it arrives.
Is a formal notice already a sanction?
No. It's an injunction to bring yourself into compliance, with a deadline attached. The sanction only comes in the event of inaction or an inadequate response. The formal notice is therefore a window for action, not a conviction.
Can I be sanctioned without prior warning?
In practice, the procedure goes through an adversarial phase and a compliance deadline. The authorities' first goal is compliance, not the fine — but repeated silence closes that door.
Have a timestamped audit ready to draw the day a formal notice lands:
→ Run an audit