The European Accessibility Act 2019 (EAA) is important legislation. It affects anyone working in or doing business with EU consumers.   

Some of the key requirements come into force by 28 June 2025. Other requirements will come into force not long after. You must ensure your business is compliant by the deadline. As is often the case with accessibility, the longer you leave it, the more it will cost. 

In this article, we’ll help you understand:

  • What the EAA covers 
  • Whether you need to comply 
  • EAA timelines 
  • EAA enforcement 
  • EAA exceptions 

What is the European Accessibility Act? 

The European Accessibility Act is a directive that creates a unified approach to accessibility across the EU. 

It is one way the EU is enforcing its ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). It ratified the UNCRPD in 2011. 

The European Accessibility Act focuses on digital goods and services for consumers. It covers: 

  • computers and operating systems 
  • smartphones 
  • TV equipment and related broadcasting services 
  • services related to various forms of transport 
  • banking 
  • e-books 
  • e-commerce 
  • ATMs (cash machines), ticketing, and check-in machines 

The European Accessibility Act builds on the EU Web Accessibility Directive. The Web Accessibility Directive only applied to public sector websites and applications. The EAA includes non-public sector digital products. It also applies to hardware devices, including smartphones, TV equipment, and ATMs. The Web Accessibility Directive only covered software that run on these devices. The EAA reflects The European Standard EN301549. 

The organisation providing the service to the end user is the responsible for ensuring that service complies with the EAA. This also extends to products or services that are bought from a third party. The organisation should ensure that their digital procurement processes reflect accessibility, including contracts and maintenance agreements. 

Do all businesses have to comply with the European Accessibility Act? 

If you’re in the EU or selling to the EU, then you must comply with the European Accessibility Act. However, ‘microenterprises’ are excluded. Microenterprises have fewer than 10 employees or under 2 million Euros in turnover. 

There are strong economic advantages to prioritising accessibility. 87 million disabled people live in the EU (European Commission 2021). This number will grow as the population continues to age. 

Some products in education, healthcare, housing, and household appliance are not covered. However, the EAA could apply to these products if they are used outside those sectors.   

There are some products and services which are not covered. This includes those made before the law takes effect next year if it is unreasonably hard to make them accessible. Similarly, if the business concerned does not control content, it isn’t responsible for its accessibility.  

What is the transition period? 

Article 32 of the European Accessibility Act allows for a transition period. It gives organisations time to make their products accessible. Member states of the EU will begin enforcing the law after 28 June 2025. Any new product introduced after that date must meet the requirements of the law. A transition period until June 2030 will cover existing products and services not yet accessible.   

Some products, such as self-service terminals can continue to be used until the end of their economic life, as long as that period does not exceed 20 years. 

How will the law be enforced? 

Responsibility for enforcing the law is delegated to members states of the EU. This means that penalties for non-compliance may vary by country. In all countries, it is expected there will be stringent penalties for non-compliance. Nothing prevents countries from treating EAA as a minimum. They can add more requirements within their borders. Organisations must know if EAA compliance is enough for a particular territory. 

What happens if it isn’t possible to comply with the law? 

The European Accessibility Act has a ‘disproportionate burden’ clause. It aims to balance widespread accessibility with business limits. A company (an ‘economic operator’ in the EAA) may claim an exception if it believes it will cost too much to comply. A company in this situation must assess and document its reasons for exemption for exception under the Act. Enforcement authorities are likely to look into at least some companies’ exception claims. 

Intopia is here to help 

Intopia can advise you on the European Accessibility Act’s impact on your business. We can also guide you on meeting the EAA deadlines. 

We can help you with: 

  • Accessibility support, including accessibility assessments 
  • EAA and accessibility training  
  • Road mapping and planning  
  • Accessible procurement strategies 

Get in touch with our friendly and experienced team. We’ll help you address accessibility with confidence.