Your path to compliance with the European Accessibility Act‍

You may have to redesign products and services to comply with specific accessibility standards. Companies will need to invest in accessible design practices, potentially leading to increased costs in the short term, but making your digital products and services accessible for everyone can only benefit your business in the long run. Removing barriers will undisputedly lead to more market opportunities.
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It is also an opportunity to grow internationally, since many other countries have adopted their own accessibility laws: we can name the USA with their American Accessibility Act and their Section 508 for government contractors, or the UK with the Equality Act 2010.

Yes. If your business is a microenterprise (i.e. has fewer than 10 employees and an annual balance sheet of less than €2 million), then you are exempt from following the EAA. The EAA also does not apply to internal business and B2B systems. However, additional regulations may apply to these categories depending on the country. Planning ahead is still the best move, considering that your business will eventually grow and the benefits of accessibility go beyond legal requirements.
When compliance causes provable "disproportionate burdens" or necessitates "fundamental changes to the essential nature" of the product or service can also refer to the disproportionate burden clause.

The "disproportionate burden" clause in the EAA aims to balance accessibility goals with practical limitations for organizations. If compliance costs are too high, an economic operator can use this exception by evaluating the ratio of compliance costs to overall costs, the estimated costs and benefits, and the net costs compared to turnover. The operator must document this evaluation and report it to national authorities, who will review and might investigate. Authorities may enforce penalties, like fines, on those who fail to notify them in advance of using this exception.

The company must then demonstrate through research why they cannot comply, proving that the requirements cause provable “disproportionate burdens” to the product/service; or that the necessary updates cause provable “fundamental changes to the essential nature” of the product/service. The case has to be researched and documented, keeping track of it for 5 years. It is also subject to the analysis and approval of the country's regulatory agency.

You are then obliged to check again whether you can comply with the guidelines at least every five years, but also if the service/product is changed or updated or if asked to do so by an enforcement party.

Non-compliance will be met with penalties that depend on the severity of the infractions, how many products or services are inaccessible, how many people are affected by their inaccessibility and the laws of the country where the violation occurs. This underscores the importance of planning your strategy for accessibility remediation, starting with an audit to identify critical issues.
If you manufacture hardware products to which the European Accessibility Act applies, these products' CE marking will depend on conformity with the accessibility requirements introduced by the Act. EU member states can impose fines for incorrect CE marking. CE marking does not apply to websites and apps.

According to the European Disability Forum, using an accessibility overlay is not the right way to ensure compliance. There is no automated tool that can cover all the WCAG criteria. This article also points out that since some overlay tools have been reported to interfere with assistive technologies, they could actually make your website less accessible for some users. The Overlay Fact Sheet website provides more information on this topic.

The European Accessibility Act (EAA) represents a new stage in the European Union efforts to combat discrimination against people with disabilities, which go back three decades. Legally, this type of policy was enshrined with the Treaty of Amsterdam of 1997, one of the European Union's founding treaties. Before that, the European Union had started funding research in the accessibility of "telematics", for example through the TIDE programme, which was launched in 1991.
After the United Nations Convention On The Rights Of Persons With Disabilities (UNCRPD) came into force in 2008, the European Union, as a signatory, was obliged to adopt additional legislation to promote and protect the rights of persons with disabilities. The Web Accessibility Directive (adopted in 2016) and the European Accessibility Act (adopted in 2019) are two examples of such legislation in the ICT domain.

The World Wide Web Consortium's Web Content Accessibility Guidelines (WCAG) are the most widely known accessibility guidelines, but could not be used as a reference in European accessibility directives for two reasons. First, WCAG was designed as a set of requirements for websites, whereas the European directives also cover apps, non-web documents and even hardware. Second, the European Union does not recognise the W3C as an official European standards body, so its standards cannot be used as a reference in EU directives and regulations.
EN 301 549 was created by the official European standardisation bodies CEN, CENELEC and ETSI at the European Commission's request. Three of the chapters in EN 301 549 reference success criteria at conformance levels A and AA in WCAG. Other chapters define additional criteria; EN 301 549's rules for determining conformance also differ from WCAG's. However, for most websites, conformance with WCAG 2.1 level AA would imply conformance with the requirements for websites in EN 301 549.

Yes, you still have to comply with the European Accessibility Act (EAA) if your business offers products or services within the EU market and none of the exceptions applies to your business.

Content published before the EAA's compliance date does not automatically have to be retrofitted to meet the new standards immediately. If a product or service was already available before this date, the provider has until June 28, 2030, to ensure full compliance with the EAA requirements.
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However, any significant updates or redesigns to this content after the compliance deadline would need to adhere to the accessibility requirements. For digital services and content, such as websites and apps, ongoing accessibility updates are encouraged even if the content was published before the EAA came into effect.

Businesses must prepare a Declaration of Conformity for each product or service that falls under the EAA's scope. This document declares that the product or service meets the accessibility requirements outlined in the EAA. Alongside the Declaration of Conformity, businesses must maintain technical documentation that supports the declaration, providing detailed information about the product's design and development and demonstrating how it meets the accessibility requirements.

For certain services, particularly digital services like websites and apps, an accessibility statement may be required. This statement informs users about the accessibility of the service and provides details on how to request assistance or report accessibility issues.

The European Accessibility Act primarily targets products and services made available to the public, to improve accessibility for consumers within the EU market. Therefore, the EAA does not require internal applications — that are solely used by company employees — to be accessible. However, promoting accessibility in all aspects of your business, including internal tools, aligns with best practices and other legal obligations related to workplace accommodations.

The EAA requirements for native mobile apps are similar to the ones for websites, requiring them to be accessible to all users, including those with disabilities. Compliance involves meeting the accessibility standards and providing clear accessibility statements.

Yes, B2C websites that provide contact forms, customer support or product/company information must comply with the European Accessibility Act (EAA) if they operate within the EU market. Even if these websites do not have an e-shop, they still offer services and information to consumers, which falls under the scope of the EAA.

The primary liability for ensuring that a website is accessible rests with the site owner, as they are the entity offering the service to the public. However, the agency responsible for developing the website also has a responsibility to adhere to accessibility standards, especially if such compliance was stipulated in their contract.