One detail of the European Accessibility Act (EAA) that isn’t 100% clear (and confused us) 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:
(Note: We’re only addressing products here, not services.)
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.
Disclaimer: This post does not constitute legal advice. We recommend consulting with 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.
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.
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 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.
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.
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.
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.
Conclusion
The European Accessibility Act (Directive (EU) 2019/882) applies only to products that are first placed on the EU market after June 28, 2025. Products that were already introduced to the EU market before that date—regardless of whether they continue to be sold—are not subject to the Directive’s accessibility requirements.
This interpretation is supported by:
- Article 2(1)’s wording,
- Established EU law defining “placing on the market,” and
- Recitals 101 and 102 in the Directive itself.
It’s a reasonable and well-supported reading, even if the Directive doesn’t go out of its way to spell it out. Given how significant the language is, it would have been helpful if the drafters had provided additional clarification. But in our view, the legal framework is solid: market entry timing controls, not post-deadline sales or availability.
Disclaimer: This is only our interpretation. Consult with your legal counsel on this.
If anyone disagrees, we’d love to hear from you. You can send us a message or email kris@accessible.org.
