The European Accessibility Act (EAA) is a law that requires many products and services to be accessible for people with disabilities. But the Directive also recognizes that cost or burden of implementing the technical accessibility requirements might be too high or impractical . That’s where the disproportionate burden exception comes in.
What Does “Disproportionate Burden” Mean?
The EAA allows a business to bypass accessibility requirements if meeting them would cause an additional excessive organizational or financial burden.
In other words:
- If making something accessible would be too expensive or disruptive, and
- The benefit for people with disabilities would be limited compared to that cost,
- Then you may be allowed to skip those specific requirements.
But there are strict rules:
- You cannot use this exception just because you’re short on time, knowledge, or staff.
- You must prove that the burden is truly too much.
The Directive says:
Lack of prioritisation, time or knowledge shall not constitute legitimate grounds.
You Must Comply Up to the Point of Disproportionate Burden
Even if some parts of the accessibility requirements are too much, that doesn’t mean you can ignore all of them.
The EAA makes this clear:
Economic operators shall apply those accessibility requirements that do not impose such a burden.
Plain English: You still have to do everything that is reasonable and possible up to the point where the effort becomes too costly or complex. You can’t use the exception to avoid the law entirely.
How to Decide If It’s a Disproportionate Burden (Annex VI)
The EAA gives a clear framework for figuring out what constitutes a disproportionate burden. You must look at three things:
1. Costs Compared to Your Business
Ask: How much will accessibility cost compared to how much it costs you to make or provide the product or service?
Include:
- Extra staff or training
- Changing design or production processes
- Accessibility testing and updates
2. Costs vs. Benefits
Ask: Will the cost be worth the benefit?
You need to consider:
- How often the product or service is used
- How many people with disabilities will benefit
- How much those people will benefit
3. Costs Compared to Your Company Revenue
Ask: Can your business afford it?
Even if costs are high, large companies may still need to comply — because they can afford it. Smaller companies may have more flexibility.
What About Small Businesses?
Microenterprises (fewer than 10 employees, turnover under €2 million)
The EAA gives special rules for very small businesses or microenterprises:
- If you provide services, you are exempt from the accessibility rules altogether.
- If you make products, you do not have to keep written records of your assessment — but you must still be ready to explain your reasoning if asked.
SMEs (small and medium-sized enterprises)
You must follow the rules, but enforcement authorities must consider your size when checking compliance.
What You Must Do If You Use This Exception
You must:
- Do a proper assessment using the three criteria above.
- Document the results (unless you are a product microenterprise).
- Keep the documentation for 5 years.
- Show it to authorities if they ask.
- Update your assessment at least every 5 years or when your service changes.
If you use this exception, you may also need to:
- Notify regulators
- Explain why full accessibility wasn’t possible
You Still Have to Make It As Accessible As You Can
Even if you can’t do everything, the law requires you to:
- Do what you can afford and manage
- Apply accessibility as far as it’s reasonable
- Limit the exception only to what’s truly too much
You cannot claim a disproportionate burden if you’ve received funding (public or private) that is specifically for accessibility.
Special Case: Kiosks and Terminals
For things like ticket machines or ATMs, companies must think carefully:
- Can you make some terminals fully accessible?
- Would a mix of accessible and non-accessible terminals meet the standard?
You may not need to make every terminal accessible — but you must consider practical alternatives.
What Do Enforcement Authorities Do?
Authorities can:
- Ask for your documentation
- Review your assessment
- Decide if your claim is fair
- Consider your company size and situation
But they also must protect accessibility and public interest, even when being flexible.
Possible Future Changes
The European Commission can create more detailed rules later to clarify how to apply Annex VI. These updates can’t happen before June 28, 2025.
Summary
The disproportionate burden exception gives businesses a fair way to approach accessibility when costs are too high — but it doesn’t allow you to ignore the law.
You must:
- Do everything you can up to the point where it becomes too difficult or costly
- Justify and document any parts you can’t do
- Update your assessment regularly
If you need help with EAA compliance, my company, Accessible.org, provides services, consulting, and a project management platform to make your path to compliance as easy and simple as possible.