We’re getting a lot of emails and questions regarding whether the European Accessibility Act (EAA) covers different situations. Here’s a paraphrase of one the emails:
If my company website only has products and information but no way for a consumer to make a purchase, then is our website considered an ecommerce website under the EAA?
This question may come up in the context of a B2B, affiliate website, or a blog.
Let’s look at the definition of ecommerce services under the Directive:
services provided at a distance, through websites and mobile device-based services by electronic means and at the individual request of a consumer with a view to concluding a consumer contract.
— Article 3(30) Directive (EU) 2019/882
Disclaimer: This blog post is generalized and does not constitute legal advice.
Given this definition, our focus is on the following language: “concluding a consumer contract.”
Here we’re going to evaluate:
- What does ‘with a view to concluding a consumer contract’ mean in our specific context?
- Does our site have features like checkout processes, online ordering, or digital contract acceptance?
- Does our site link to or integrate with systems where transactions occur?
- Could our site be considered part of a larger service chain that enables consumer transactions, even indirectly?
If all of the above answers are no, then our website likely would not be covered as an ecommerce service under the EAA.
Remember, that “e-commerce services” are just one of several categories of covered services under the EAA. This prevents readers from assuming the entire Act only applies to e-commerce.
If you need help with EAA compliance, we’d love to support your efforts. Just send us a message and we’ll be right back with you.
