The countdown to the European Accessibility Act is almost over – businesses must comply by 28 June

Businesses have just over one month to comply with the European Accessibility Act (EAA). The new Directive aims to enhance the inclusion of persons with disabilities and imposes accessibility requirements for certain products and services across the EU. While it was adopted back in 2019, the EU legislators were aware that these requirements could be difficult to implement and granted businesses a relatively long transitional period to prepare. However, this period is drawing to an end, and from 28 June 2025 the EAA will be fully enforceable.

Whether you have already started adapting to this new legislation or are yet to begin, here are the top five key points to help you understand and implement the EAA.

A limited, yet fairly broad scope of application

The EAA does not apply to all the products and services offered in the EU, but only to a specific list. For example, regarding products, the EAA applies to computers and similar devices, payment terminals and e-books. And, in terms of services, it covers certain transport services, consumer banking services and e-commerce services, amongst others. 

Business should bear in mind that “e-commerce services” have been defined very broadly to include the sale or provision of any type of product or service online. Also, like some other EU legislation, it has extra-territorial effect, and will apply to UK-based companies (or those in other third countries) that operate an e-commerce service targeting the EU, regardless of the specific products or services that they offer.

Duties across the supply chain

The primary obligation established by the EAA is that manufacturers and service providers must ensure that the in-scope products and services they provide must meet a set of accessibility requirements (for example around their design or the information provided to users). 

Additionally, the EAA imposes a broad range of supplementary duties across the entire supply chain. For example: manufacturers of products covered by the EAA must draft and keep up to date several documents (like technical documentation or a declaration of conformity) and include a CE marking on products. Importers and distributors are required to ensure that the manufacturers’ obligations are met before commercialising a product. And service providers must publicly disclose the measures implemented to ensure the accessibility of their services.

Narrow exceptions

The EAA establishes some exceptions. In particular, business may avoid applying the EAA's accessibility requirements (in whole or in part) if this would entail a fundamental alteration of the relevant product or service or impose a disproportionate burden. However, the application of these exceptions is not automatic: operators can only rely on them if they have conducted a thorough analysis, which must be documented and may be verified by authorities. There are also specific exceptions for microenterprises.

The EAA empowers the EU Commission to further develop the criteria for applying these exceptions. Businesses should therefore expect further guidance on the exemptions.

Enforcement

The EAA grants national market surveillance authorities a wide range of supervisory powers, including the ability to request all types of information, impose corrective measures, or even order the withdrawal of a product or service. 

Likewise, the EAA requires Member States to establish penalties that are, in terms very similar to the ones used in other European regulations such as the GDPR, “effective, proportionate, and dissuasive”. In fact, the stated aim of this penalty system is to ensure that non-compliance is never cheaper than compliance, although Member States have discretion to set their own levels of fine.

Be aware of the national differences 

The EAA is an EU directive and, as such, has been incorporated into the legal systems of the 27 Member States though national legislation. This means that, while there will be a common minimum standard across the continent, there may be national particularities that businesses need to consider. Additionally, there are certain aspects that the EAA has left discretion for Member States (such as in relation to penalties, as mentioned above) where we may find significant divergences among countries.

We will therefore be helping clients develop a pragmatic EU wide compliance strategy and checking any relevant local implementing legislation before starting any project to implement the EAA.