S.I. 636/2023 · Penalties

Accessibility fines in Ireland: how bad?

In Ireland, non-compliance with the European Accessibility Act (S.I. 636/2023) is a criminal offence — the only EU state where that is true. On conviction on indictment: a fine up to €60,000 or 18 months' imprisonment; on summary conviction, up to €5,000 or 6 months. Company directors and officers can be personally liable unless they prove they took reasonable steps.

The penalties at a glance

On indictment
up to €60,000 or 18 months (Reg. 32)
Summary conviction
up to €5,000 or 6 months
Liability
criminal — directors & officers personally liable (Reg. 33)
Law
S.I. No. 636/2023 (transposes Directive (EU) 2019/882)
In force
28 June 2025
Exemption
microenterprises (under 10 staff AND under €2M turnover)

How much are the fines?

S.I. 636/2023 sets two tiers. On conviction on indictment (the higher court) the penalty is a fine up to €60,000, or imprisonment for up to 18 months, or both. On summary conviction (the District Court) it is a class-level fine up to €5,000, or up to 6 months, or both.

Why is Ireland different?

Most EU states enforce the EAA with administrative fines. Ireland went further: serious non-compliance is a criminal offence. That changes the risk profile — a conviction, not just a fine — and it means the matter can reach the courts rather than only a regulator.

Who is personally liable?

Under Reg. 33, where an offence is committed by a company with the consent, connivance or neglect of a director, manager or officer, that individual is personally guilty of the offence — unless they can show they took reasonable steps to prevent it. Personal liability makes a dated compliance trail a board-level concern.

How do you avoid prosecution?

Bring your service to WCAG 2.1 AA, publish your accessibility statement, and keep a dated record proving you took reasonable steps — the exact defence Reg. 33 asks for. keepcite audits, fixes and documents. Start with the free scan below.

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FAQ

Has anyone been prosecuted yet?

Enforcement is still ramping up and prosecutions take time to surface. But the criminal framework (up to €60,000 or 18 months, plus personal liability for directors) has been in force since 28 June 2025 and is available to the authorities now.

Are directors really personally at risk?

Yes. Under Reg. 33, a director, manager or officer whose consent, connivance or neglect led to the offence is personally guilty — unless they prove they took reasonable steps. A dated compliance record is that proof.

Does an accessibility widget protect me?

No. Overlays don't change the code the standard measures. 800+ professionals say they don't work, and the US FTC fined accessiBe $1M over its claims. A widget shows you knew — without fixing anything.

What should I keep as evidence?

A current accessibility statement and a dated record of conformity — audit, fixes, screen-reader tests. keepcite issues a dated certificate every month precisely for this file.