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Total Experience Transformation  | 28 Apr 2026

Millions in fines for lack of digital accessibility

Landmark case: First US retailer penalized

Porträt von Dorothee Haensch
Dorothee Haensch

US retailer Fashion Nova recently paid a high price for a critical oversight: its online shop was not usable with screen readers, violating the Americans with Disabilities Act (ADA). People with disabilities filed a lawsuit—and won. A US court imposed a $5.15 million fine on the retailer, sending a strong warning signal to businesses worldwide.


The situation in Europe has also fundamentally changed. Since June 2025, the European Accessibility Act (EAA) and Germany’s Accessibility Strengthening Act (BFSG) have introduced binding requirements for digital accessibility. Companies that fail to comply face not only fines and legal action, but also reputational damage and revenue loss.

New Legal Requirements in Europe

The European Accessibility Act (EAA) and Germany’s BFSG define mandatory standards for a wide range of digital products and services, including:

  • E-commerce platforms

  • Websites and mobile applications

  • Self-service terminals

  • Digital customer services


Companies are now required to ensure that their digital offerings are accessible to people with disabilities, including those with visual, auditory, or motor impairments.


The consequences of non-compliance are clear:

  • Fines and legal penalties

  • Lawsuits and warnings

  • Reputational damage

  • Loss of revenue due to excluded users


Germany has already established a dedicated supervisory authority – making it crucial for companies to act now. The Fashion Nova case is a clear indication of what could soon happen in Europe.

Accessibility as a Strategic Advantage

Digital accessibility is often seen as a compliance issue—but its value goes far beyond that. Companies that invest in accessibility benefit in multiple ways:


1. Access to new audiences

Around 87 million people in the EU live with disabilities, alongside older users and those with temporary limitations.


2. Improved user experience for everyone

Clear navigation and intuitive interfaces benefit all users.


3. SEO and performance benefits

  • Clean semantic structures

  • Image alt texts

  • Faster loading times


4. Stronger brand perception

Inclusion is a key societal value—and a competitive advantage.

Common Barriers And Why They Go Unnoticed

Most accessibility issues are not major flaws, but the accumulation of smaller barriers:

  • Missing alt texts

  • Poor color contrast

  • Inaccessible forms

  • Complex navigation

  • Screen reader incompatibility


Without systematic testing, these issues often remain invisible. For a deeper dive, check out our guide with practical steps and code snippets.

Conclusion: Act Before It Gets Expensive

The Fashion Nova case highlights what is at stake: digital accessibility is no longer optional – it’s a business-critical requirement.


With new regulations in Europe, enforcement will only increase. Companies that delay action risk legal, financial, and reputational consequences.


The good news: investing early in accessibility not only reduces risk but also improves user experience and expands reach.


Learn from cases like Fashion Nova—and future-proof your digital products.

Porträt von Dorothee Haensch
Dorothee Haensch

Dorothee Haensch has been a Senior Marketing Manager at diva-e since 2023. As an expert for content in the software sector, she gets to the bottom of the requirements of different industries and creates content that helps companies solve current problems and master future challenges.

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