The European Accessibility Act (EAA) is a somewhat complex Directive so let’s address 10 frequently asked questions (FAQ).
Disclaimer: This post is an interpretation of the EAA and does not constitute legal advice. Consult your counsel on EAA compliance.
What is the EAA and does it apply to my business?
The EAA is an EU directive that requires certain products and services to be accessible to people with disabilities. It creates a common baseline for accessibility across all EU member states, replacing the current patchwork of national laws.
The law applies if you manufacture, import, or distribute covered products in the EU market, or if you provide covered services to EU consumers. This includes both EU-based companies and non-EU companies serving EU customers. Even a US-based e-commerce site selling to EU consumers would need to comply.
When do we need to be compliant?
The main compliance date is June 28, 2025. From this date:
- All covered services must be accessible when provided to consumers (including existing services that have been running for years)
- New products placed on the EU market must meet accessibility requirements
- Products already on the market before this date are exempt and never need to become accessible
There are some transitional provisions: products used to deliver services (like servers or payment terminals) can continue being used until June 28, 2030, and self-service terminals can be used until the end of their economic life (maximum 20 years).
What types of products or services are covered?
The EAA covers products that are essential for daily life and participation in society:
- Self-service terminals (ATMs, ticketing machines, check-in kiosks)
- Payment terminals
- Computers and operating systems
- Smartphones and tablets
- E-readers
- TV equipment used to access media services
For services, it covers:
- E-commerce (online stores, marketplaces, apps)
- Banking services for consumers (online banking, payment services, electronic money)
- Electronic communications (phone, internet, messaging)
- Transport services (websites, apps, ticketing, information)
- E-books and related software
- Access to audiovisual media services
Are websites and mobile apps included?
Yes, but only when they’re part of a covered service. Your website or app needs to be accessible if it delivers any of the services listed above. For example:
- An online banking portal or app
- An e-commerce website or shopping app
- A transport booking site or journey planning app
- Any app that provides electronic communication services
A purely informational website that doesn’t provide any of these services wouldn’t be covered. The key question is: does your digital platform enable users to access or use a covered service?
Do small businesses have to comply?
It depends on whether you’re dealing with products or services:
For services: Microenterprises (fewer than 10 employees AND annual turnover under €2 million) are completely exempt from accessibility requirements. This is a significant exemption that recognizes the disproportionate burden on very small service providers.
For products: All businesses must comply, regardless of size. However, microenterprises have lighter documentation requirements—they don’t need to keep extensive paperwork proving compliance unless authorities specifically request it.
What accessibility standards should we follow?
The EAA sets functional requirements rather than prescribing specific technical standards. It requires that products and services be perceivable, operable, understandable, and robust for users with disabilities.
The directive refers to harmonized European standards that are being developed. In practice, many organizations look to established frameworks like WCAG 2.1 Level AA for digital accessibility, as these align well with the EAA’s functional requirements. However, the EAA doesn’t mandate any specific standard—it focuses on outcomes rather than methods.
The key is ensuring users with disabilities can effectively access and use your products or services, regardless of which technical approach you take.
What happens if we don’t comply?
Each EU member state will have its own enforcement approach, but the directive requires “effective, proportionate and dissuasive” penalties. In practice, this typically means:
- Initial contact from authorities identifying non-compliance
- A requirement to fix issues within a reasonable timeframe
- Potential prohibition from offering the product/service if issues aren’t resolved
- Financial penalties that consider the severity, scale, and number of people affected
Authorities are generally more interested in achieving compliance than punishing businesses. Companies making genuine efforts to improve accessibility are likely to receive support and reasonable deadlines rather than immediate penalties.
Do we need to prove our products or services are accessible?
Yes, you need to be able to demonstrate compliance. This means:
For products: Maintaining technical documentation showing how your product meets accessibility requirements, keeping conformity assessments, and being ready to provide this information to authorities when requested.
For services: Preparing and publishing information about your service’s accessibility features, maintaining documentation of your compliance efforts, and having procedures to ensure ongoing accessibility as your service evolves.
You don’t need to proactively submit this documentation anywhere, but you must have it ready if authorities ask. Think of it like financial records—you need to keep them organized and available.
Can we be exempt from certain requirements?
Yes, but only in specific circumstances. You can claim an exemption if compliance would either:
- Fundamentally alter the nature of your product or service (making it something completely different)
- Impose a disproportionate burden considering factors like your organization’s size, resources, and the costs involved
However, you can’t just declare yourself exempt. You must:
- Conduct and document a thorough assessment
- Be prepared to justify your decision to authorities
- Review this assessment regularly (at least every 5 years for services)
- Still comply to the maximum extent possible
If you receive any funding specifically for accessibility improvements, you cannot claim the disproportionate burden exemption.
Is existing content exempt?
The EAA includes several content exemptions to avoid retroactive obligations:
- Time-based media (videos, audio) published before June 28, 2025
- Office documents (PDFs, Word docs, etc.) published before June 28, 2025
- Archived content that won’t be updated after June 28, 2025
- Third-party content you don’t control or fund
- Online maps (if essential information is provided accessibly for navigation purposes)
This means you don’t need to go back and make all your old content accessible. However, any content created or significantly updated after the deadline must meet accessibility requirements. Think of it as a “going forward” obligation rather than a retroactive one.