One detail of the European Accessibility Act (EAA) that isn’t 100% clear on the surface comes courtesy of the first line Article 2, Scope:
1. This Directive applies to the following products placed on the market after 28 June 2025:
We wanted to make sure whether this means the Directive applies to all existing product lines in the marketplace after June 28, 2025—or only to newly created products entering the market after the deadline.
Note: We’ve separated our corrected interpretation of whether the EAA applies to existing services into a separate article to clarify that existing services must become accessible by June 28, 2025, with an exception only for pre-existing contracts.
Disclaimer: This post is our interpretation of the EAA and does not constitute legal advice. Consult your counsel on EAA compliance.
We initially thought the EAA applied to any products that were placed into the marketplace after the deadline, but now our interpretation is that the EAA applies only to products that are first placed on the EU market after June 28, 2025. Products that were already placed on the market before that date—regardless of whether they’re still being sold—are not subject to EAA obligations and requirements.
In practice, “placing on the market” refers to when a product is first made available in the EU by a manufacturer, importer, or distributor — not when it’s purchased by a consumer. Once that initial step has occurred, all future sales of that same product line or model are treated as part of the original placement. So if a product was already legally available in the EU before June 28, 2025, it won’t retroactively be subject to the EAA.
Illustration of Our Interpretation
Let’s take a simple example:
There are 100 computers in inventory at a Best Buy retail location in the United States as of June 27, 2025. These computers were part of a product line that was already placed on the EU market prior to that date. They’re later sold and shipped throughout the world, including to countries in the European Union.
In this case, the EAA would not apply to those 100 computers—even if they’re sold after June 28—because the product line had already been placed on the EU market. However, if Best Buy adds a new computer model to inventory and that model is first placed on the EU market after June 28, 2025, then that product (and its associated economic operators) would need to comply with the EAA’s technical requirements.
Products in stock, even if unsold or shipped after June 28, are not subject to the EAA if they were first introduced in the EU before the deadline.
But that’s our interpretation—so let’s dig into the Directive’s language to see how solid this position is.
Plain Language
A plain reading of Article 2(1) says:
“This Directive applies to the following products placed on the market after 28 June 2025.”
The key term is “placed on the market”—but what exactly does that mean?
Under the Directive’s definitions section:
‘placing on the market’ means the first making available of a product on the Union market;
Under EU law (specifically, Decision No 768/2008/EC), “placing on the market” is defined as:
“the first making available of a product on the Community market.”
This means the first time a product is offered for distribution, consumption, or use in the EU—not ongoing sales, repeated shipments, or the presence of inventory. So the relevant date is when that specific product (or product line) was first introduced to the EU market—not when an individual unit is sold.
Read more details on exactly what “placing on the market” means.
This aligns with our Best Buy example: it’s not about when the sale happens, but when the product was first made available in the EU.
If a product undergoes significant changes that affect its design or functionality, and is then reintroduced to the EU market under a new model number or name, it would likely count as a new product and be subject to the EAA. Minor changes or restocks of existing models likely wouldn’t trigger a new placement.
This interpretation is supported by Recital 63:
“Any economic operator that either places a product on the market under its name or trademark or modifies a product already placed on the market in such a way that compliance with applicable requirements might be affected should be considered to be the manufacturer and should assume the obligations of the manufacturer.”
So if a product is updated with a new model number or significant new features, it may be considered newly placed on the market and subject to EAA compliance.
Note: This applies to complete products. Individual components (e.g., chips or accessories) are not covered unless they are marketed independently as finished products intended for consumers. (See Recital 25 quoted below.)
Recitals Confirmation
In the Directive, there’s an introductory block of 104 paragraphs labeled as “recitals.” These provide important interpretive context:
- They explain why the law was created
- They outline the logic behind specific provisions
- They help clarify ambiguous terms and timing
We looked to these recitals to see if they support or contradict our interpretation.
Recital 101
This paragraph offers transitional guidance, especially for products used in service delivery:
“During [the transitional period], products used for the provision of a service which were placed on the market before that date do not need to comply with the accessibility requirements of this Directive unless they are replaced…”
Even though this focuses on products used in services, it reinforces the idea that products placed on the market before June 28, 2025 are not required to comply, unless they are replaced or significantly modified.
Recital 102
This paragraph addresses used and second-hand products, offering another helpful clarification:
“The accessibility requirements of this Directive should apply to products placed on the market and services provided after the date of application… including used and second-hand products imported from a third country and placed on the market after that date.”
So even second-hand products are only covered if they are newly placed on the market after June 28, 2025.
This again highlights that market entry—not sale or inventory timing—is the legal threshold.
However, existing services can continue operating using non-compliant products during transitional periods—until 2030 for most products, and until 2045 for self-service terminals. Crucially, this doesn’t create a compliance obligation for the products themselves; rather, it establishes deadlines for when service providers must stop using non-compliant products and replace them with accessible alternatives.
Also, remember our note above about the products covered applying to only complete products. Here’s Recital 25 from the Directive:
This Directive should cover consumer general purpose computer hardware systems. For those systems to perform in an accessible manner, their operating systems should also be accessible. Such computer hardware systems are characterised by their multipurpose nature and their ability to perform, with the appropriate software, the most common computing tasks requested by consumers and are intended to be operated by consumers. Personal computers, including desktops, notebooks, smartphones and tablets are examples of such computer hardware systems. Specialised computers embedded in consumer electronics products do not constitute consumer general purpose computer hardware systems. This Directive should not cover, on an individual basis, single components with specific functions, such as a mainboard or a memory chip, that are used or that might be used in such a system.
Conclusion
The EAA applies only to products that are first placed on the EU market after June 28, 2025. Products that were already being sold in the EU before that date never have to become accessible under the EAA, even if they continue being sold after the deadline.
Here’s the simple rule: If a product was already available for purchase in the EU before June 28, 2025, it’s exempt from EAA requirements. Only substantial changes to existing products and brand new products entering the EU market for the first time after that date must meet the requirements and obligations.
This interpretation is supported by the EAA’s own definitions in Article 3(16), which defines “placing on the market” as “the first making available of a product on the Union market.” The key concept is “first” – it’s about when a product debuts in the EU, not when individual transactions happen.
While the Directive could have been clearer about this distinction, the legal framework is solid: what matters is when a product first entered the EU market, not when individual sales or service deliveries occur.
Do you need help with EAA compliance? Send us a message below or contact us, we’d love to support your compliance efforts.
Legal Disclaimer: This post represents our interpretation and analysis of the European Accessibility Act (EAA) and related accessibility requirements and obligations but does not constitute legal advice. While we strive for accuracy, Directives and their interpretation may vary by EU member state and change over time. Consult with legal counsel regarding your specific situation.
