If you’re concerned about not meeting compliance requirements for the European Accessibility Act (EAA) deadline for your products and services, you’re not alone. There are many organizations who will not be compliant.
What’s extremely common is organizations underestimate how long accessibility and compliance will take, waiting until 1-2 months before a deadline to start work and quickly realize they will not meet the compliance deadline.
It’s definitely a negative if you can’t be compliant on time (and can result in penalties), but now all you can do is put yourself in the best position possible.
Here’s how we recommend working past the June 28 EAA deadline, if making the deadline isn’t possible.
Disclaimer: This post is our interpretation of the EAA and does not constitute legal advice. Consult your counsel on EAA compliance.
Directive Language
Let’s look at some of the language from the Directive (Chapter III, Article 7) itself to get an excellent idea of what to do.
8. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not in conformity with this Directive shall immediately take the corrective measures necessary to bring that product into conformity, or, if appropriate, to withdraw it. Furthermore, where the product does not comply with the accessibility requirements of this Directive, manufacturers shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken. In such cases, manufacturers shall keep a register of products which do not comply with applicable accessibility requirements and of the related complaints.
9. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the product, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the non-compliance with the applicable accessibility requirements of products which they have placed on the market, in particular bringing the products into compliance with the applicable accessibility requirements.
For service providers, Article 13(4) of the Directive provides specific guidance:
In the case of non-conformity, service providers shall take the corrective measures necessary to bring the service into conformity with the applicable accessibility requirements. Furthermore, where the service is not compliant with applicable accessibility requirements, service providers shall immediately inform the competent national authorities of the Member States in which the service is provided, to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
Article 13(5) adds:
Service providers shall, further to a reasoned request from a competent authority, provide it with all information necessary to demonstrate the conformity of the service with the applicable accessibility requirements. They shall cooperate with that authority, at the request of that authority, on any action taken to bring the service into compliance with those requirements.
The key themes for service providers mirror those for manufacturers: take corrective measures, inform authorities, provide details of non-compliance, and cooperate fully with authorities.
Several key themes emerge in these sections:
- For products: withdraw the product if appropriate and feasible
- For services: focus on corrective measures to bring the service into compliance (withdrawal is rarely applicable for digital services)
- take corrective measures
- inform the authorities
- giving details of the non-compliance
- keep a register
- provide all information and documentation
- cooperate with that authority
The above bullet points directly frame our advice below.
Also, here’s this excerpt from Article 30:
4. Penalties shall take into account the extent of the non-compliance, including its seriousness, and the number of units of non-complying products or services concerned, as well as the number of persons affected.
Here we can clearly see the extent of non-compliance counts.
With this in mind, here are our recommendations.
Document Your Status
Even partial compliance needs proper documentation. You still need to publish your accessibility statement and internal documentation as required by the EAA. This isn’t about claiming full compliance – it’s about accurately representing where you stand.
Your documentation should clearly outline:
- Which accessibility requirements you currently meet
- The steps you’ve taken to achieve compliance
- Any audits or testing you’ve conducted
- The resources you’ve invested in accessibility improvements
If you’d like to start right now, we can schedule you for an audit and/or user testing.
Create a Clear Plan Moving Forward
Another key is demonstrating your commitment to reaching full compliance. This means developing and sharing a detailed plan that shows:
- Specific accessibility issues you’re working to resolve
- Realistic timelines for addressing each issue
- Resources allocated to accessibility improvements
- Regular review points to track progress
This shows authorities your genuine commitment, and it provides valuable information to users about when they can expect improvements.
Our Accessibility Tracker app is excellent at tracking your progress, providing analytics as well as monthly reports.
Keep Records
The EAA requires maintaining compliance, not just reaching compliance at a given time. Record-keeping may involve:
- All accessibility-related decisions and their rationales
- Internal meetings and discussions about compliance
- External consultations with accessibility experts
- Service contracts with digital accessibility companies
- Procurement decisions that consider accessibility requirements
- Updates and improvements made to your services
These records demonstrate due diligence and will be essential if authorities request information about your compliance efforts.
Regulatory Perspective
From what we’re hearing, monitoring authorities across EU member states have indicated their primary objective is compliance, not imposing penalties. Our takeaway is this means that most regulators are not eagerly looking to penalize non-compliant entities.
However, this doesn’t mean there are no consequences for non-compliance. There are some monitoring authorities who may look to set an example and/or show that the EAA must be taken seriously.
We believe organizations making demonstrable progress are far more likely to receive support rather than punishment, but we’ll find out in three weeks. Either way, if you’re behind the deadline, all you can do now is work as diligently as possible to put yourself in a good position.
What Not to Do
Don’t Ignore the Requirements
If your entity is covered, don’t ignore the EAA. With AI, it’s now easier than ever for monitoring authorities to check on compliance at scale.
Don’t Misrepresent Your Status
Claiming full compliance you’re not compliant can easily make matters worse.
Don’t Stop
The EAA requires continuous, ongoing compliance. Even if you miss the initial deadline, keep working. And once you reach compliance, maintain it.
Summary
We’re still over three weeks from the European Accessibility Act deadline of June 28, 2025 (as of publish date) so you can make solid progress in this time.
If you need help getting organized, we’re here to help. Just by investing in our audit services and purchasing an Accessibility Tracker subscription, you can make significant headway towards compliance and demonstrating compliance.
We also have a guide on how to write an accessibility policy (template included) to help you get started with your foundational documentation.
Of course, send us a message if we can help further. We’ll reply right away.
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.
Update: This article has been corrected to clarify that existing services must become accessible by June 28, 2025, with an exception only for pre-existing contracts.
