The accessibility of services and products is gaining growing significance in the gaming industry, driven by various factors — ranging from the pursuit of broader market reach, better brand positioning, reputational considerations and, last but not least, a sincere commitment to fostering social inclusivity. In the context of approaching deadline (28 June 2025) for implementation of the Directive (EU) 2019/882 of 17 April 2019 on the accessibility requirements for products and services (EAA) it is worth analysing how national transpositions of EAA will affect the gaming, particularly in terms of their practical impact on operational practices and business models.

Does EAA apply to video games?

EEA applies to a defined set of products and services which does not explicitly include video games, but some of them are likely to be relevant to the gaming industry:

• consumer general purpose computer hardware systems per their definition under EAA are characterised by its multipurpose nature and ability to perform most common computing tasks. They include personal computers, in particular desktops, notebooks, smartphones and tablets, which are widely used by many gamers. It would appear that the definition does not extend onto game consoles which currently - despite having computing capabilities - are primarily designed for gaming and media consumption rather than for general - purpose computing;
• e-commerce services were defined as services provided at a distance, through websites and mobile device-based services by electronic means and at the individual request of a consumer with a view to concluding a consumer contract. Consequently, EAA will apply to digital distribution platforms for video games such as Steam, GOG, Origin, EpicGames or Humble Bundle but also to in-game purchases and microtransactions or to subscriptions models;
• electronic communication services were defined in Directive (EU) 2018/1972 establishing the European Electronic Communications Code (EECC) and they include among others interpersonal communications services, i.e. services normally provided for remuneration which enable direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s). However, services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service were explicitly excluded from this category.
  
  In-game communication used for real-time, interactive communication between players could fall under definition of interpersonal communication services depending on how they function. In this context the question arises whether these communication functionalities are ancillary to the main game functions or operate as standalone communication services. The assessment may vary from game to game – one could imagine a video game in which the communication channels are integral to the core gameplay rather than being merely ancillary. E.g. in many first-person shooters players rely heavily on communication to strategize, coordinate team movements, and engage in cooperative combat. Still, on the other hand the recital (17) of EECC explicitly uses communication channel in online games as an example of a feature that could be considered to fall outside the scope of the definition of interpersonal communications services, though simultaneously reserving that such an assessment depends on the features of the communication facility and also that the terms ‘minor’ and ‘purely ancillary’ should – as exemption prerequisites - be interpreted narrowly.
  
  

What are the relevant accessibility requirements?

The accessibility requirements are set out in the annexes to the EAA separately for the relevant products and services together with indicative non-binding examples of possible solutions that contribute to meeting the accessibility requirements, still as regards provision of information the relevant requirements are very similar and extend among others onto:

• making the information available via more than one sensory channel (EAA example: providing electronic files which can be read by a computer using screen readers so that blind persons can use the information).

• presenting the information in an understandable way;
• presenting the information to users in ways they can perceive;
• presenting in fonts of adequate size and suitable shape, taking into account foreseeable conditions of use and using sufficient contrast, as well as adjustable spacing between letters, lines and paragraphs (EAA example: providing that the text can be read by persons who are visually impaired).
• alternative presentation of any non-textual content (EAA example: accompanying a diagram with a text description identifying the main elements or describing key actions).

For products which require manual operation and control the EAA requires e.g. sequential control and alternatives to fine motor control, avoiding the need for simultaneous controls for manipulation and the use of tactile discernible parts. EAA suggest meeting this requirement by making touch screen buttons bigger and well separated so that persons with tremor can press them. In general products shall avoid modes of operation requiring extensive reach and great strength.

With respect to e-commerce services EAA requires e.g. ensuring the accessibility of the functionality for identification, security and payment by making it perceivable, operable, understandable and robust, concurrently suggesting meeting this requirement by making payment service interface available by voice so that blind persons can make online purchases independently.

EU harmonised standards can be very helpful in this context as they set out detailed technical specifications of the accessibility requirements and compliance with them presumes conformity with EAA in this respect.

Exemptions

Microenterprises (i.e. less than 10 employees with annual turnover/balance sheet below € 2 million) providing services are exempt from complying with the EAA accessibility requirements, which means that EAA will not apply to substantial part of indie games developers.

Furthermore EAA requirements do not apply to the extent the compliance (i) would require a significant change in product or services which results in the fundamental alteration of its basic nature or (ii) would impose a disproportionate burden upon service providers, manufactures or other relevant actors in the supply chain. However, relying on this exemption requires an assessment which has to be documented, should be renewed when necessary (in any event, at least every five years) and kept for five years from the making a product available for a last time or after a service was last provided.

Surveillance system and sanctions

EAA requires the EU member states to introduce adequate and effective means to ensure compliance with EAA, which shall include consumer action before the courts or administrative bodies and the option for public bodies, private associations, organisations or other legal entities with legitimate interest to engage in the proceedings. Pursuant to EAA infringements should be subject to effective, proportionate and dissuasive penalties which should be accompanied by effective remedial action.

By way of an example in Poland the relevant authorities will have the right to inspect entrepreneurs, request expert opinions, arrange sample test and secure evidence. In case of non-compliance the authorities will be able to order corrective action, product withdrawal / discontinuation of the service or notification of consumers of non-conformity. The imposed penalty may amount up to around € 20,000, still no more than 10 % of the annual turnover achieved in the previous year. Consumers may lodge a complaint to the relevant product or service providers (which – interestingly - if not replied within 30 days should be deemed accepted which automatically triggers the obligation to implement the consumer demand within 6 months) or directly notify the relevant authorities.

Conclusions

Although video games themselves fell outside the direct scope of EAA, certain accessibility requirements will still apply to elements integral to the gaming ecosystem—particularly e-commerce services, which underpin virtually every monetisation model in the industry. Nonetheless, given the growing awareness of accessibility issues within the gaming sector, the relevance of EAA will be definitely greater as it will serve as important market benchmark all the more strengthening the voluntary compliance with the accessibility requirements.

However, voluntary adoption of accessibility requirements may in practice get very tricky from the consumer protection perspective, as it may - in many cases - interfere with core gameplay features or alter the user experience. Any such changes must be clearly reflected in the terms and conditions and, under Polish consumer protection law, must be justified by a valid and important reason. This requirement becomes even more stringent if the game provider later seeks to reverse or withdraw those changes.