Italy had a national accessibility law, the Legge Stanca (opens in new tab) long before the European Accessibility Act existed. But enforcement was confusing for most of the organisations. That changed when AgID (Agenzia per l'Italia Digitale) issued Determination No. 84/2026, finally consolidating both procedures into one.
The announcement was published in the Gazzetta Ufficiale (opens in new tab) on 23 May 2026. AgID's Director General, speaking at Accessibility Days 2026 in Rome that same week, was direct: 2026 is the year of enforcement.
Here is what the regulation actually says and what it means if your business operates in Italy.
Does the EAA apply to my business if I am not based in Italy?
Yes. The EAA applies to any business that offers products or services to consumers in Italy, regardless of where the company is registered. If Italian users can access your service, buy from your website, or use your app, you are in scope.
Only if you have fewer than 10 employees and annual turnover below €2 million, you are exempt. Both conditions must be met simultaneously. If you exceed either threshold, you are in scope.
Who is the enforcement authority in Italy?
AgID (Agenzia per l'Italia Digitale) (opens in new tab) is the single enforcement authority for both public-sector accessibility obligations (under Legge Stanca / L. 4/2004) and private-sector EAA obligations (under D.Lgs. 82/2022, which transposed the EAA into Italian law).
Determination 84/2026 establishes three internal units with distinct, non-overlapping roles:
- Difensore Civico per il Digitale — receives complaints and signals, assesses admissibility, drafts the initial findings report
- Area Vigilanza e Sicurezza — conducts the pre-investigative verification and monitors whether the provider takes corrective action
- Area Affari Giuridici e Contratti Pubblici — manages the formal sanction procedure if the provider fails to comply
What happens after a complaint is filed?
The regulation defines a two-phase process.
Phase 1 — Pre-investigative verification
The Difensore Civico per il Digitale receives the complaint or signal. Complaints can arrive through three channels:
- AgID's own monitoring of public-sector sites and apps
- Direct reports from anyone, via the feedback mechanism in the provider's accessibility declaration
- Formal complaints about EAA-covered services through AgID's dedicated platform (opens in new tab)
The Difensore Civico first checks if a complaint is admissible. It will be rejected if it is too vague, repeats an old case, or names multiple companies; each complaint must focus on a single provider.
If approved, the ombudsman reports the violations to the provider and asks for corrections. The regulation doesn't set a fixed deadline here, only requiring a reasonable timeframe based on the violation.
Phase 2 — Formal sanction procedure
If the initial deadline is missed, the file goes to the legal department to open the sanction phase. The timeline breaks down as follows:
- 30 days: For the provider to submit defenses or request a hearing.
- 90 days: For AgID to conclude the entire procedure and issue penalties.
Note that the 90-day limit is AgID's deadline to wrap up the case, not an extension for the provider to fix the website. This clock can only be paused (up to 30 days) for hearings, deeper investigation, or an approved extension.
What are the penalties?
The penalty structure depends on which legal instrument applies:
- Large Private Entities (Turnover > €500M): Subject to fines up to 5% of their annual turnover, based on violation severity and cooperation.
- EAA-Covered Providers: Faced with fixed statutory ranges under D.Lgs. 82/2022, using the same severity criteria.
- Public Administrations: No financial fines. AgID triggers internal disciplinary procedures instead.
In all cases, fines are only issued if the formal procedure ends without compliance. AgID will archive the case without penalty if the provider fixes the violation before the final ruling.
What should an accessibility statement include?
Under Legge Stanca as amended by D.Lgs. 82/2022, the accessibility statement must be published:
- In the footer of websites, labelled "Dichiarazione di accessibilità" or "Accessibilità"
- In the app store listing and the provider's website, for mobile applications
Providers must offer a working feedback mechanism for user complaints. Filing a case with AgID requires using this tool first and receiving an inadequate response.
If the feedback tool is missing or broken, users can skip this step and complain directly to AgID and the broken mechanism itself counts as a separate violation.
Where should a business start?
Three areas to address first.
- Confirm whether you are in scope. If you offer banking, e-commerce, electronic communications, e-books, or passenger transport services to Italian consumers, and you are not a micro-enterprise, you are in scope.
- Commission a real accessibility audit. AgID's verification phase includes both documentary checks and direct inspections. Achieving compliance requires both automated and manual testing. To start your accessibility journey, Binclusive's web (opens in new tab) and mobile accessibility (opens in new tab) audit tool can be a good starting point.
- Publish a compliant accessibility declaration. The complaint process is formally linked to the declaration mechanism. A missing, outdated, or inaccessible declaration is a non-conformity in its own right and it removes the procedural filter that requires users to attempt contact before escalating to AgID.
For businesses operating in Italy, addressing these gaps now is the best way to stay ahead of AgID's new enforcement rules.