The European Accessibility Act – has it slipped under your radar?

Many businesses may not have heard of the European Accessibility Act ("EAA"). If it has slipped under your radar, now is the time to take note because this legislation has a broad reach across many sectors, significant implications for product and services design (as well as documentation) and a looming compliance deadline. The EAA becomes applicable from 28 June 2025 and aims to ensure that many categories of consumer products and services, particularly digital technologies ranging from payment terminals and smartphones to banking services and online shops, are accessible to all, including people with disabilities.

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What's the EAAs scope?

The EAA impacts providers of in-scope service, as well as manufacturers, importers and distributors of in-scope products, which trade (or want to trade) in the EU, regardless of whether the organisation is based in the EU. UK businesses trading in the EU will therefore still be caught.

In-scope products

Consumer general purpose computer hardware and their operating systems
Self-service payment terminals (e.g. ATMs and payment machines in shops)
Ticketing, check-in and information provision devices dedicated to providing in-scope services (but not information provision functionality integrated into vehicles, aircrafts, ships or rolling stock)
Smartphones, smart TVs, game consoles and other communications devices
E-readers

In-scope services

E-commerce services
Consumer banking services
Electronic communications services, other than certain machine-to-machine transmission services
Services providing access to audiovisual media services
Certain elements of air, bus, rail and waterborne passenger transport services, including websites, mobile apps, electronic tickets and electronic ticketing services, and certain interactive self-service terminals
E-books and dedicated software relating to e-books

The EAA deliberately uses a broad definition for “persons with disabilities” in line with the definition used in the United Nations Convention on the Rights of Persons with Disabilities:

persons who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others

The preamble to the EAA notes that it will also benefit a much wider range of people (e.g. elderly people, pregnant women or even those travelling with luggage).

What are the accessibility requirements?

The EAA sets out minimum requirements and member states can adopt additional requirements, including specifying additional in-scope products and services, so it is important for businesses to familiarise themselves with national implementing measures in the territories in which they operate. The European Commission has a tracker of national laws, which transpose the EAA requirements.

Annex 1 to the EAA sets out general accessibility requirements for in-scope products and services. Just by way of example:

Products must be designed and produced in a way that maximises their foreseeable use by people with disabilities.
Products and services must generally be provided with information about the use of the product/service, and such information must be understandable, made available via more than one sensory channel, and clearly presented.
Products must contain features, elements and functions that allow people with disabilities to use, understand and control the product. For example:

- where the product uses speech, there must be alternatives to speech input for control.

- where the product uses visual elements, it must provide for flexible magnification, brightness and contrast.

The EAA also sets out specific additional requirements for certain products and services.

Annex 2 to the EAA then sets out indicative examples of solutions to meet the accessibility requirements. For example:

Use the same words in a consistent manner, or in a clear and logical structure, so that people with intellectual disabilities can better understand.
Include subtitles when a video with instructions is provided.
Avoid flickering images, so that people who have seizures are not at risk.

Harmonised standards

There is a conformity assessment procedure for products. Products and services will be presumed to conform with the accessibility requirements under the EAA if they conform with harmonised standards published in the EU's Official Journal covering those requirements. Some of those standards are still being updated however.

Are there any exemptions?

The EAA applies to in-scope products marketed, and in-scope services provided to consumers, on or after 28 June 2025. However, there is a 5-year transition period for products used for the provision of a service placed on the market before that date (unless those products are replaced during the transitional period), as well as a longer 20-year transition period for self-service terminals.

Microenterprises are exempt from certain requirements.

The accessibility requirements also only apply to the extent that compliance:

does not require a significant change in a product or service that would fundamentally alter the nature of the product; or
would not be a disproportionate burden on the economic operator.

Where an organisation wishes to rely on this exemption, it must undertake a written self-assessment (the EAA stipulates criteria to be assessed) and make a notification to the relevant competent authority. The exemption applies narrowly and is not an excuse for non-compliance with the EAA generally. Lack of priority, time or knowledge are not considered to be legitimate reasons.

What are the consequences of non-compliance?

The consequences of non-compliance depend on the member state(s) in which the business trades, as penalties are determined by the relevant member state and could include fines, set at a level to be "effective, proportionate and dissuasive", and potentially personal liability for a company's officers. Enforcement measures can extend to requiring non-compliant products and services to be withdrawn from the market.

As well as regulatory action, there are other compelling reasons to comply:

Legal action by consumers. Consumers and consumer bodies may take direct action for breaches of the national law implementing the EAA.
Reputational damage and damage to your brand from negative publicity, as well as loss of customers.
Potential exclusion from procurement processes. EAA compliance will become more common in public and private sector procurement requirements.

What next?

The compliance clock is ticking, so there is no time to lose in taking implementation steps, including:

Engaging relevant stakeholders and carrying out a scoping exercise to work out whether products and services are in scope for the EAA, in which territories, and what is the business' role e.g. service provider, manufacturer, distributor etc (as this will impact the obligations that apply).
Mapping out the accessibility requirements that apply, including relevant implementing national laws and applicable standards.
Working out the extent to which the business can rely on "fundamental alteration" or "disproportionate burden" exemptions (and document accordingly).
Undertaking a gap analysis of the applicable requirements against the product and service features (including relevant documentation and packaging etc.). User testing may also be required.
Providing internal training so that staff understand these requirements.