As a legal counsel or entrepreneur, you know that new regulations can feel like a never-ending game of whack-a-mole, but the European Accessibility Act (EAA) is legislation you do not want to miss. It is all about ensuring that products and services are accessible to people with disabilities. If you are doing business in the EU, there is a high chance you are affected by it.
But what does that mean for your business?
What is the EAA?
The EAA is a piece of EU legislation designed to make the lives of people with disabilities easier. Specifically, it applies to consumer-facing products and services – think websites, smartphones, ATMs, e-commerce services (eg online shopping platforms) and even transport services. The goal is to ensure that these services and products are usable by everyone, no matter what their ability.
Who needs to comply?
Service providers and companies placing products on the EU market are affected by the EAA. In principle, the EAA is applicable to two categories: products and services.
Products in scope are:
- consumer general purpose computer hardware systems (eg personal computers, including desktops, notebooks, smartphones and tablets) and operating systems for those hardware systems (e.g. Windows or MacOS)
- self-service terminals, namely: payment terminals; and self-service terminals dedicated to the provision of services covered by the EAA, including: automated teller machines; ticketing machines; check-in machines; interactive self-service terminals providing information, excluding terminals installed as integrated parts of vehicles, aircrafts, ships or rolling stock
- consumer terminal equipment with interactive computing capability, used for electronic communications services (eg (smart)phones, including routers and modems)
- consumer terminal equipment with interactive computing capability, used for accessing audiovisual media services (eg smart tvs), and
- e-readers.
Services in scope are:
- electronic communications services with the exception of transmission services used for the provision of machine-to-machine services (eg telephony services)
- services providing access to audiovisual media services (eg websites, online applications, set-top box-based applications, downloadable applications, mobile device-based services including mobile applications and related media players as well as connected television services)
- the following elements of air, bus, rail and waterborne passenger transport services, except for urban, suburban and regional transport services for which only certain elements apply: websites; mobile device-based services including mobile applications; electronic tickets and electronic ticketing services; delivery of transport service information, including real-time travel information - this will, with regard to information screens, be limited to interactive screens located within the territory of the Union; and interactive self-service terminals located within the territory of the Union, except those installed as integrated parts of vehicles, aircraft, ships and rolling stock used in the provision of any part of such passenger transport services
- consumer banking services
- e-books and dedicated software, and
- e-commerce services (the websites or mobile applications through which companies sell their products or services online).
This means that if you sell consumer-facing products (like smartphones or ATMs), they need to meet accessibility standards, and if you provide services like online shopping, banking, or transport, those services need to be accessible to people with disabilities.
Why does this matter to your business?
You might be thinking, “I’m not based in the EU, so why should I care?” The short answer: if you sell products or provide services to EU consumers, the EAA applies to you because of its global reach. The EAA is not just for businesses inside the EU. It is for any company selling to EU consumers. If you manufacture a product or offer a service that is in scope of the EAA and that will be used by consumers in the EU, you must ensure that it meets the accessibility standards set out in the EAA.
What does the EAA require?
The EAA applies to a broad range of consumer-facing products and services. Here are the main areas you need to be aware of:
Products: if you produce consumer-facing products, such as smartphones, e-readers, or even ticketing machines, they need to be accessible. For instance, this could mean:
- audio or visual feedback on devices for people with hearing or vision impairments
- compatibility with assistive technologies like screen readers or hearing aids.
Services: for services, it is mostly about ensuring your digital platforms (like websites or mobile apps) and public-facing services (like transport) are accessible. That includes things like:
- making sure websites follow web accessibility guidelines (think: color contrast, alternative text for images, and easy navigation)
- offering services that work well with assistive devices, such as screen readers or voice commands.
From when does the EAA apply?
The EAA sets specific deadlines for when companies must comply with these requirements. While many businesses will need to meet the accessibility requirements by 28 June 2025, some businesses may benefit from a transition period (ultimately until 28 June 2030) or other exemptions, for example exemption for micro-enterprises (see our article on exemptions here).
What happens in the event of non-compliance?
The EU takes accessibility very seriously, and businesses that fail to meet the accessibility standards may face fines, sanctions, or be banned from operating in the EU market. While the European Commission sets the framework and overall rules, the enforcement and monitoring of compliance with the EAA are primarily the responsibility of national authorities in the EU Member States. This means that each Member State designates specific bodies or agencies to oversee how businesses comply with the EAA and ensure that accessibility standards are met. This decentralisation means businesses must be aware of the specific regulations and enforcement mechanisms in the countries where they operate – see more on this here.
To this point, it is also worth noting that accessibility compliance is relatively straightforward for supervisory authorities to assess, particularly in comparison to data protection legislation. For example, in determining whether an e-commerce service meets accessibility requirements, authorities do not necessarily need to request information from the undertakings concerned. Instead, compliance can often be assessed on the basis of the visual design and functional features of the website or application itself. While this does not automatically imply a heightened risk of enforcement, it does indicate that the practical conditions for supervisory action are comparatively easy to meet, especially when contrasted with, for example the enforcement of data protection laws, which generally requires more complex investigations and access to internal company data.
How to comply and stay compliant?
- Start preparing now: deadlines are fast approaching, especially for services and products that need to comply as of 28 June 2025. Make sure you are ahead of the curve and not scrambling at the last minute to meet compliance requirements. This is not a 'one-and-done' deal – accessibility must be maintained over time.
- Think beyond compliance: the goal is not just to check a box and move on. The real opportunity is in serving a wider audience. There are millions of people with disabilities in the EU who want to buy your products and use your services. Accessibility can give you access to this underserved market.
- Get the right expertise: accessibility compliance is not a one-size-fits-all job. It is a team effort. You will need input from various departments – IT, design, product development, customer services and even marketing. It is not just the legal department’s job. Collaboration is key.
- Test, test, test: whether it is your website, app, or physical products, regular accessibility testing is crucial. It is not enough to say you are compliant – you need to prove it. For example, one of the requirements of the EAA is publishing a so-called ‘accessibility statement’ in which you provide information on how you achieve compliance with the EAA.
- Document your efforts: keep records of your efforts to comply with accessibility standards. This will help you stay on the right side of regulators, and it is useful if you ever get asked about your compliance practices. If regulators come knocking, you will want to show that you have made reasonable efforts to comply with the EAA.
More than regulation for regulation's sake
The EAA is more than just another regulatory hoop to jump through. It is about creating an inclusive society where everyone can participate equally. For businesses, this is a win-win because compliance also opens up new market opportunities.
So, what is the takeaway for you? Do not wait until the last minute. The first deadline of 28 June 2025 is fast approaching. Start planning, get your teams involved, and make accessibility a priority – because when you do, you are not just ticking off a legal requirement. You are creating a more inclusive, user-friendly experience for your customers. Read more about the EEA, including about what you need to do to comply here.
