Directive (EU) 2019/882 on accessibility requirements for products and services, known as the European Accessibility Act (EAA), marks a decisive step by requiring a wide range of products and services to be fully accessible for persons with disabilities throughout the EU market.
The EEA replaces Directive (EU) 2016/2102 which previously set out accessibility requirements for public sector websites and mobile applications. However, these requirements only covered a limited number of areas.
The EEA harmonises the regulatory and legal frameworks applicable to the accessibility of certain products and services in the different Member States. It aims at limiting diverging requirements which could hinder the free movement of these products and services within the EU.
Member States were required to transpose the EAA into local laws by 28 June 2022 at the latest, with obligations applicable as from 28 June 2025 for new products and services. For existing products and services, the deadline is 28 June 2030.
The EAA is characterised by its broad scope, both in terms of products and services and in terms of the economic operators. It sets out obligations on manufacturers, importers, distributors and service providers, subject to the implementation of these obligations under local laws. We provide a compliance checklist for the different actors in the supply chain.
Compliance checklist for manufacturers
- Identify the applicable accessibility requirements, as set out in the EAA and implemented in local law. The EAA provides for general technical requirements applicable to all products in relation to the provision of information on the use of the product, the design of the user interface and functionalities and assistance services, as well as specific requirements relating to the product categories concerned.
- Draw up technical documentation needed to assess compliance with the applicable accessibility requirements. This must include at least: (i) a general description of the product; and (ii) a list of the harmonised standards and technical specifications that have been applied in full or in part, as well as a description of the solutions adopted to meet the applicable requirements.
- Implement and monitor the product manufacturing process in accordance with the applicable technical requirements and the technical documentation.
- Draw up an EU declaration of conformity specific to each product model and affix the CE marking visibly, legibly and indelibly on the product (or, if this is not possible, on the packaging or in the documentation accompanying the product). The technical documentation and the EU declaration of conformity must be kept for a period of five years after the product has been placed on the market.
- Draft procedures to ensure the continued conformity of series production with these requirements and the technical documentation and to identify any changes:
(i) to the design or characteristics of the product; and/or (ii) to the harmonised standards or technical specifications with which a product is declared to conform.
- Affix a type, batch or serial number or other element on the product (or, if this is not possible, on the packaging or in the documentation accompanying the product) allowing its identification.
- Affix the name, company name or brand of the manufacturer, the manufacturer’s address and the designated contact point on the product (or, if this is not possible, on the packaging or in a document accompanying the product).
- Provide instructions and safety information in a language easily understood by consumers and other end users.
- Take immediate corrective measures if a product placed on the market by the manufacturer does not comply with the applicable accessibility requirements, to bring the product into conformity or to withdraw it from the market, notify the competent local authorities and keep a register of non-compliant products and of any related complaints.
Note: if you (as manufacturer) appoint an authorised representative established within the EU, the above obligations cannot be part of the mandate and remain your responsibility. However, the authorised representative may act in your name and on your behalf in dealings with the competent national authorities.
Compliance checklist for importers
- Verify that the conformity assessment procedure for the product has been carried out by the manufacturer (establishment of the technical documentation, presence of the CE marking, provision of the instructions and necessary information, including that to be affixed on the product).
- Notify the manufacturer or importer and the market surveillance authorities of any product that does not comply with the applicable accessibility requirements.
- Affix the name, company name or trademark of the importer, the importer’s address and designated contact point on the product (or, if this is not possible, on the packaging or in a document accompanying the product).
- Store and transport products so as not to compromise compliance with applicable accessibility requirements.
- Retain a copy of the product's EU declaration of conformity and technical documentation for a period of five years after the product has been placed on the market, to be made available to market surveillance authorities on request.
- Take immediate corrective measures if a product placed on the market by you (as importer) does not comply with the applicable accessibility requirements, to bring the product into conformity or to withdraw it from the market, notify the competent local authorities, and keep a register of non-compliant products and related complaints.
Note: where a product is placed on the market under its name or trademark or a product already placed on the market is modified by you (as the importer) in such a way that compliance may be affected, you will be considered to be a manufacturer for EAA purposes and will need to comply with the relevant manufacturer obligations.
Compliance checklist for distributors
- Verify the presence of the CE marking and the provision of the necessary instructions and information, including those to be affixed to the product by the manufacturer and importer.
- Notify the manufacturer or importer and the market surveillance authorities of any non-compliant product.
- Store and transport products so as not to compromise compliance with applicable accessibility requirements.
- Take immediate corrective measures if a product placed on the market by the importer does not comply with the applicable accessibility requirements, to bring the product into conformity or to withdraw it from the market, notify the competent local authorities, and keep a register of non-compliant products and related complaints.
Note: where a product is placed on the market under its name or trademark or a product already placed on the market is modified by you (as distributor) in such a way that compliance with the applicable accessibility requirements may be affected, you will be considered to be a manufacturer for the purposes of the EAA and you will need to comply with the relevant manufacturer obligations.
Compliance checklist for service providers
- Provide services that comply with applicable accessibility requirements. As with products, the EAA sets out general technical requirements applicable to all services, as well as specific requirements according to the categories of services concerned.
- Provide required information in the terms and conditions (or other equivalent document) on how the service complies with accessibility requirements, including in particular: (i) a general description of the service in accessible formats; (ii) explanatory descriptions necessary to understand how the service works; and (iii) a description of how the service complies with accessibility requirements.
- Implement procedures to ensure ongoing compliance during provision of services.
- Take immediate corrective measures in relation to non-compliant services and notify the competent local authorities.
What next?
In-scope businesses need to be well on the way to compliance given that obligations will apply from 28 June 2025. We are here to help with all aspects.
