Since 28 June 2025, the European Accessibility Act (“EAA”) requires certain products, such as hardware systems for universal computers for consumers and e-books, as well as certain services, such as banking services, telecommunications services, and e-commerce services, to be accessible.
Grandfathering…
Products placed on the market before 28 June 2025 remain in principle exempt from the requirements of the EAA, as is the case under the usual product compliance law.
…with an expiry date?
The approach known as the “grandfathering rule” restricts the aforementioned principle. In particular
- contracts for services concluded before 28 June 2025 may continue until 27 June 2030;
- self-service terminals that are lawfully used to provide services before 28 June 2025 may continue to be used to provide comparable services until the end of their economic useful life, but no longer than a maximum of 20 years (e.g., in Germany, only 15 years) after they are put into service, and
- service providers may use products until 27 June 2030, which they were already using before June 28, 2025, to provide the service.
The grandfathering rule thus effectively addresses everyone who is involved with EAA-relevant products or services. Business operators are required to check whether
- their services or the products they use to provide the service fall within the scope of the EAA;
- the products were already placed on the market before 28 June 2025 and – crucially –
- whether the product in question was already used to provide the service before 28 June 2025.
It is also clear that the transition period granted until27 June 2030, does not constitute a general “grace period” for services covered by the EAA! Since 28 June 2025, services covered by the EAA must be accessibly designed. This applies in particular to websites and apps in e-commerce with consumers.
The exceptions described above apply exclusively to “contracts already concluded” and products that the service providers have “used to provide the service.” It remains unclear when exactly a product was first used or utilized - this must be assessed on a case-by-case basis.
For example, banks that used non-accessible tablets (hardware systems for universal computers) to provide investment advice to consumers (a EAA-relevant banking service) before 28 June 2025, on which the financial products sold are explained interactively, may continue to use these products after 28 June 2025.
Conclusion: Action required for every business operator
The restrictive transitional provisions of the EAA show that the legislator is remarkably “serious” about accessibility requirements. Since 28 June 2025, people with disabilities must be granted the most comprehensive and equal access possible to everyday products and services.
For companies, this means that it should be ensured that the services and products concerned are EAA-compliant. This is because violations of the EAA can result in marketing bans – both for products and for the provision of services – as well as fines of up to EUR 100,000.00 per individual case. It is also to be expected that EAA compliance will be closely monitored in competitive markets and enforced under competition law if necessary.
