Yes, microenterprises are exempt from the European Accessibility Act (EAA). The EAA specifically excludes microenterprises that provide services from its accessibility requirements. This is one of the few blanket exemptions written into the legislation, and it applies across all EU member states.
A microenterprise, under EU law, is defined as a business with fewer than 10 employees and an annual turnover or balance sheet total that does not exceed 2 million euros. Both conditions must be met. If a company has 8 employees but a turnover of 5 million euros, it does not qualify.
| Factor | Detail |
|---|---|
| Exemption status | Microenterprises providing services are exempt from EAA requirements |
| Employee threshold | Fewer than 10 employees |
| Financial threshold | Annual turnover or balance sheet total not exceeding 2 million euros |
| Both conditions required | Yes, the business must meet both the employee and financial criteria |
| Products vs. services | The exemption applies to microenterprises that provide services, not those manufacturing products |
| EAA enforcement date | June 28, 2025 |
What Exactly Does the EAA Require?
The European Accessibility Act went into effect on June 28, 2025. It requires products and services sold within the EU to meet specific accessibility standards. The standard most closely mapped to EAA requirements is EN 301 549, which references WCAG 2.1 AA for web and mobile content.
Covered services include e-commerce websites, banking services, transportation services, e-books, and telecommunications. Covered products include computers, smartphones, payment terminals, and self-service kiosks.
For digital services, meeting EAA requirements often translates to WCAG 2.1 AA conformance, which means the same technical standard referenced by ADA expectations in the United States and Section 508 requirements for federal agencies.
Does the Exemption Apply to Products and Services Equally?
No. This is a critical distinction. The microenterprise exemption under the EAA applies only to microenterprises that provide services. Microenterprises that manufacture products covered by the EAA are not exempt.
A small company with 6 employees running an e-commerce website would qualify for the exemption on the service side. But if that same company manufactured self-service terminals or consumer electronics covered by the EAA, the product requirements would still apply.
The reasoning behind this split is that product accessibility requirements are built into manufacturing processes and affect the entire supply chain. Service accessibility, on the other hand, was viewed as a proportionally heavier burden for the smallest businesses.
Why Did the EU Include This Exemption?
The EU recognized that very small businesses operate with limited resources. Requiring full EAA conformance from a company with 3 employees and modest revenue could create a disproportionate financial burden.
This mirrors the broader EU approach to regulation. The EU’s SME (Small and Medium Enterprise) policies often carve out exemptions or lighter obligations for microenterprises across multiple regulatory frameworks, not only accessibility.
The exemption does not mean microenterprises are encouraged to ignore accessibility. It means the legal obligation under the EAA does not apply to them. Voluntary conformance to WCAG 2.1 AA is still a sound business decision regardless of company size.
What If a Microenterprise Grows Beyond the Thresholds?
If a business exceeds either the employee count or the financial threshold, it no longer qualifies as a microenterprise under EU law. At that point, EAA requirements apply fully.
There is no grace period written into the EAA for businesses that transition out of microenterprise status. Once a company crosses the threshold, compliance obligations attach. Businesses approaching those limits should plan ahead rather than scramble to meet EN 301 549 standards after the fact.
An accessibility audit is the only way to determine WCAG conformance, so companies anticipating growth would benefit from getting an audit completed before they cross the line. Automated scans can supplement monitoring, but scans only flag approximately 25% of issues and cannot determine conformance on their own.
Does the Exemption Override National Laws?
The EAA sets a floor, not a ceiling. EU member states transpose the directive into national law and can add stricter requirements. Some member states may narrow the microenterprise exemption or impose separate accessibility obligations that apply regardless of business size.
Any business relying on the exemption should verify how their specific member state transposed the EAA. The exemption exists in the directive itself, but national implementation may vary.
Is There a Disproportionate Burden Clause Too?
Yes. Separate from the microenterprise exemption, the EAA includes a disproportionate burden provision. This applies to businesses of any size. If meeting a specific accessibility requirement would impose a disproportionate burden on the organization, that requirement may be adjusted.
The disproportionate burden defense requires documentation. The business must assess and record why the burden is disproportionate, considering factors like cost, organizational size, and the estimated benefit to people with disabilities. This is not a blanket pass. It applies to individual requirements, not the entire directive.
For companies above microenterprise thresholds, the disproportionate burden clause is the primary relief mechanism. It requires more effort to invoke than the microenterprise exemption, which is automatic based on size.
Can a microenterprise still face accessibility complaints?
While the EAA does not apply to exempt microenterprises, other laws might. National disability discrimination laws, consumer protection regulations, or sector-specific rules could still require some level of digital accessibility. The EAA exemption removes one layer of obligation but does not create blanket legal protection across all frameworks.
Should exempt microenterprises still pursue WCAG conformance?
From a legal standpoint, they are not required to under the EAA. From a practical standpoint, accessible digital services reach more customers and reduce friction for users with disabilities. Conformance to WCAG 2.2 AA or WCAG 2.1 AA also positions a business well if it grows beyond microenterprise status.
How does a business prove it qualifies as a microenterprise?
EU member states determine enforcement procedures. Generally, a business would need to demonstrate through financial records and employment records that it meets both criteria: fewer than 10 employees and annual turnover or balance sheet total under 2 million euros. Keeping clear documentation of these figures is the simplest way to support the exemption if it is ever questioned.
The microenterprise exemption gives the smallest EU service providers breathing room under the EAA. But accessibility requirements are expanding across jurisdictions, and the cost of remediation only increases the longer it is deferred.
Contact Kris Rivenburgh for guidance on EAA requirements and accessibility audits.