EU Accessibility Act ‘a wake-up call’ to business

The long-awaited European Accessibility Act (EAA) is an EU directive aimed at improving the accessibility of products and services for people with disabilities or limitations across the EU. The directive, which enters into force on 28 June, will harmonise accessibility requirements across the EU and set goals that all EU member states must achieve, whilst also allowing them to decide how to transpose these into national regulations in their own jurisdictions.

Consequently, under the EAA, a number of consumer digital products will now be required to meet functional accessibility requirements, such as accessible user interfaces and instructions. These include hardware; computers and operating systems; games consoles; self-service cash and ticketing machines; and smartphones and e-readers.

Services that fall within the legislation’s scope include electronic communication services, e-commerce services, transport services, audiovisual media services, telecommunications; and financial services. The EAA applies to various actors within the supply chain, as well as to online platforms and e-commerce providers, including retailers

According to the EAA’s text, services need to be “perceivable, operable, understandable and robust”. For instance, providing text or speech simultaneously, or enabling users to adjust settings such as contrast or letter type on websites.

The EU says the legislation will make cross-border trade easier for businesses, thereby reducing costs and increasing market opportunities for their accessible products and services across the bloc.

Michelle Seel, a technology and platform law expert at Pinsent Masons, said the directive would be a gamechanger for raising accessibility standards for products and services across the single market. “The EAA is a step towards a more inclusive digital society and commitment to equality,” she said. “Platforms and websites, for example, are a gateway to essential services and the EAA forces providers of such services to prioritise inclusive design.”

The EAA was officially published by the EU in June 2019. EU member states had until 28 June 2022 to pass new laws or regulations or to adapt existing accessibility laws to bring their individual jurisdictions in line with the EAA.

The directive foresees a transition period of five years from entry into force on 28 June 2025 to allow service providers in particular circumstances sufficient time to adapt to the directive’s requirements. This transition period only applies to products used for the provision of a service which were placed on the market before that date, unless they are replaced by the service provider during the transitional period. 

The legislation also includes a transition provision for self-service terminals that were already in use before 28 June 2025. Given their relative cost and long-life cycle, these terminals may continue to be used until the end of their economic life even if they do not meet the directive’s accessibility requirements. However, this is on the condition that they are not replaced during this period, and they cannot be used for more than 20 years after the directive has come into effect.

Other exemptions that the legislation provides for are microenterprises with fewer than 10 employees and an annual turnover of less than €2 million. The directive also states that where compliance would lead to a "fundamental alteration" to a product or service, or would impose a “disproportionate burden” on a business – and provided the business can demonstrate that compliance is not reasonably possible – an exception may also apply.

In the Netherlands, the provisions have been incorporated in various laws, including the Telecommunications Act, Civil Code and Consumer protection laws. From tomorrow, the Dutch Authority for Consumers and Markets (ACM) may carry out checks to ensure compliance. The ACM has indicated it will initially focus on critical accessibility issues that significantly impact the usability of services for people with disabilities. The ACM will also consider the efforts companies make to comply with the directive.

In France, multiple regulatory frameworks have been established to support accessibility, including the national accessibility guidelines and provisions from the EEA, which have been incorporated into French consumer protection law.

Although the UK has not adopted the EAA, UK-based businesses offering products or services to EU consumers are still required to comply with its provisions, including ensuring website accessibility. UK consumers may also start to demand higher standards from products and services. UK-based companies may also choose to align with these requirements from a strategic and internal governance perspective.

While the European legislation introduces more detailed and standardised requirements that apply to a wider range of products and services, the UK already had its own legal framework in place. Digital accessibility in the UK is primarily governed by the Equality Act 2010, which obliges organisations to make reasonable adjustments for people with disabilities, and by the Public Sector Bodies Accessibility Regulations 2018, which require websites and mobile applications to meet specific accessibility standards.

Julie Campana of Pinsent Masons said the legislation would significantly enhance customer experience and engagement for consumers with disabilities. “The European Accessibility Act is a timely and strategic development in a landscape where digital transformation is redefining every industry,” she said. “It underscores the importance of ensuring that products and services are accessible to all users, aligning with broader goals of inclusivity and market reach, including improving search engine optimisation, customer reach and brand reputation. Under the EEA, this is not just a matter of social responsibility, but a key component of compliance and customer experience in an increasingly digital marketplace.”