Editor’s Note: We have edited this article once again for accuracy. Our earlier version interpreted “placing on the market” at the product line or model level. After returning to the Directive’s definitions and recitals, we corrected the article to reflect that placement applies to each individual product unit, which changes our example and our conclusion.
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 transitional allowances for pre-existing contracts and for products already lawfully in use under Article 32.
Disclaimer: This post is our interpretation of the EAA and does not constitute legal advice. Consult your counsel on EAA compliance.
We initially read Article 2(1) at the model level, but our corrected interpretation is that “placing on the market” happens unit by unit. Each individual product is placed on the market when that specific unit is first supplied for distribution, consumption, or use in the EU. Units individually placed on the Union market before June 28, 2025 are not subject to the EAA merely because they are later resold. New units of the same model are subject to the EAA when they are first placed on the Union market after that date.
In practice, “placing on the market” refers to the first supply of an individual unit for distribution, consumption, or use in the EU—a legal act, not a physical location. Later sales of a unit that was already placed, such as a distributor selling it on to a consumer, are “making available” rather than a new placement. So units already placed on the Union market before June 28, 2025 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. The model has been sold in the EU for years. Those 100 units, however, have never been placed on the Union market—they’re sitting in a third country.
If those units are first supplied for distribution, consumption, or use in the EU after June 28, 2025, they are placed on the Union market after the deadline and must comply. Under European Commission guidance (the Blue Guide), the exact moment can vary with the transaction: placement may occur when an order for a ready-to-ship unit is confirmed, when the units are supplied to an EU distributor, or when inventory intended for EU distribution is released for free circulation. The EU-established person that places the units on the Union market is the importer and assumes the importer’s obligations. By contrast, identical units that were already supplied to an EU distributor or end user before the deadline were already placed and may ordinarily continue through the distribution chain.
Note that physical presence in the EU is not the test. A unit sitting in a manufacturer’s or importer’s own EU warehouse that has not yet been supplied to anyone may not have been placed on the market. Placement is a legal act of supply, assessed unit by unit.
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 supplied for distribution, consumption, or use in the EU. So the relevant date is when that specific unit was first made available in the EU—not when the model debuted and not when a later sale of that same unit happens.
Read more details on exactly what “placing on the market” means.
This aligns with our corrected Best Buy example: it’s not about the model’s history in the EU. It’s about when each unit first enters the EU market.
If an already placed product is substantially modified or rebuilt to the point that it is considered a new product, and that modified product is then placed on the Union market after June 28, 2025, the new product would be subject to the EAA. Separately, Article 11 provides that an importer or distributor that modifies a product in a way that may affect compliance assumes the obligations of a manufacturer.
Recital 63 assigns responsibility in these situations:
“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.”
A new model number alone doesn’t decide anything. What matters is the substance and extent of the modification, and whether the resulting product is then placed on the market.
Note: Recital 25 clarifies that individual components of a consumer general purpose computer hardware system, such as a mainboard or a memory chip, are not covered on an individual basis. A separately marketed product is covered only if it independently falls within one of the product categories in Article 2. (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…”
Recital 101 addresses a separate transitional rule for service providers using products to deliver covered services: during the transitional period, those products don’t need to comply unless the service provider replaces them. It’s consistent with the absence of retroactive product requirements, but it isn’t the basis for the unit-level placement rule.
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.”
This confirms the unit-level reading: even a used unit of a model that existed long before 2025 is covered if that individual unit is newly placed on the EU market after the deadline.
Market entry of the individual product—not the model’s debut and not inventory timing—is the legal threshold.
Article 32 separately provides that, through June 28, 2030, service providers may continue providing similar services using products they lawfully used for those services before June 28, 2025. Member States may also allow self-service terminals lawfully in use before that date to remain in use until the end of their economically useful life, but no longer than 20 years after entry into use. These are service-provider rules; they don’t impose requirements on the products themselves.
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 at the individual-unit level. Each covered product unit first placed on the Union market after June 28, 2025 must meet the applicable requirements, even if identical units or the same model were sold in the EU before that date.
Here’s the simple rule: the key question is when each completed unit was first supplied for distribution, consumption, or use on the Union market. A unit placed before the deadline isn’t pulled into the EAA merely because it’s later resold. Physical location, manufacturing date, model launch date, and inventory status don’t decide the result on their own.
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,” read together with Article 3(19), which defines an importer as one who places a product from a third country on the Union market, and Recital 102’s treatment of second-hand imports. The key concept is “first”—the first time each unit is made available in the EU.
While the Directive could have been clearer about this distinction, the legal framework is solid: what matters is when each unit first entered the EU market, not when the model first did.
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.
