The European Accessibility Act requires economic operators to produce and retain specific records that prove a product or service meets accessibility requirements. For digital services and most software products, this means technical documentation, an EU Declaration of Conformity where applicable, an accessibility statement available to the public, and an internal conformance assessment that maps the product against the directive’s requirements. These records must be kept current, available to market surveillance authorities on request, and written in clear language.
EAA documentation conformance is not a single file. It is a set of artifacts that together show how a product or service was evaluated, what standard was used (typically EN 301 549, which adopts WCAG 2.1 AA), and how identified issues were addressed.
| Document | Purpose |
|---|---|
| Technical Documentation | Describes the product or service, the accessibility requirements it must meet, and how it meets them. |
| Conformance Assessment | Evaluation against EN 301 549 and WCAG 2.1 AA, identifying issues and the path to remediation. |
| EU Declaration of Conformity | Required for products. Confirms the product meets EAA requirements and is signed by the manufacturer. |
| Accessibility Statement | Public-facing document for services explaining how the service meets accessibility requirements. |
| Retention Records | Technical documentation kept for five years after the product is placed on the market. |
Technical Documentation
Technical documentation is the foundation. It describes the product or service, lists the accessibility requirements that apply, and explains how each requirement is met. For digital products, this typically references EN 301 549 clauses and the corresponding WCAG 2.1 AA criteria.
The file should include a general description, design and manufacturing drawings or system architecture where relevant, descriptions of the standards applied, and the results of any accessibility evaluation conducted. If an audit identifies issues, the technical file documents what was found and how it was addressed.
Technical documentation must be kept for five years after the product is placed on the market or the service is provided. Market surveillance authorities can request it at any time during that window.
What Goes Into a Conformance Assessment?
A conformance assessment is the evaluation that determines whether a product or service meets EAA requirements. For digital services, this is a manual accessibility audit conducted against EN 301 549, which adopts WCAG 2.1 AA as the technical standard for web content.
The assessment identifies issues at the criterion level. Each issue is documented with its location, the WCAG criterion it relates to, severity, and recommended remediation. Scans alone cannot serve as a conformance assessment because they detect approximately 25% of issues. A human auditor is required to evaluate the full standard.
The output of the assessment feeds directly into the technical documentation and informs the accessibility statement.
EU Declaration of Conformity
The EU Declaration of Conformity applies to products covered by the EAA, including hardware and certain software products sold as goods. It is a signed statement from the manufacturer confirming that the product meets all applicable EAA requirements.
The declaration must identify the product, name the manufacturer, reference the standards applied, and be signed by an authorized person. It accompanies the product and is provided to market surveillance authorities on request.
Services do not require an EU Declaration of Conformity. Instead, service providers publish an accessibility statement.
The Accessibility Statement for Services
For services covered by the EAA, including ecommerce, banking, transport booking, and e-books, the operator must publish an accessibility statement. This is the public-facing record of how the service meets accessibility requirements.
The statement should explain which accessibility requirements apply, how the service meets them, and provide contact information for users who encounter issues. It needs to be available in a format that is itself accessible, and it should be kept current as the service changes.
Most service providers will reference WCAG 2.1 AA through EN 301 549 as the standard applied. The statement is often the first artifact a regulator or user will look for, so clarity matters more than length.
How Long Must Documentation Be Retained?
Technical documentation must be retained for five years after the product is placed on the market. For services, records should be maintained for the duration the service is offered, with updates reflecting any significant changes to the service.
Authorities in each EU member state can request documentation during market surveillance activities. If records are incomplete, outdated, or missing, operators face penalties under national law implementing the EAA.
Internal Records That Support Conformance
Beyond the public and regulator-facing documents, operators benefit from maintaining internal records that support the conformance position. These include audit reports, remediation tracking, training records for development teams, procurement records showing accessibility requirements were communicated to vendors, and version histories of the accessibility statement.
Accessible.org uses this approach with EAA clients so the documentation set is always ready when a regulator asks.
Frequently Asked Questions
Do small businesses need EAA documentation?
Microenterprises providing services are exempt from most EAA obligations, but the exemption is narrow and applies only to entities with fewer than 10 employees and turnover under 2 million euros. Any business above that threshold needs the full documentation set.
Is a VPAT or ACR acceptable as EAA documentation?
An ACR built on the EN 301 549 edition of the VPAT template aligns directly with EAA requirements and can serve as the conformance assessment component of the technical file. It does not replace the accessibility statement or the EU Declaration of Conformity where those apply.
What happens if documentation is missing?
Market surveillance authorities can require the operator to bring the product or service into conformance, restrict its availability, or impose financial penalties. The specific consequences depend on the implementing law in each member state.
Can AI generate the documentation automatically?
AI can assist with drafting and structuring documents, but the underlying conformance assessment must still come from a human auditor evaluating the product against WCAG 2.1 AA. Accessible.org Labs is actively researching how AI can support documentation workflows without replacing the evaluation itself.
Documentation is the proof. The audit, the statement, the declaration, and the retained records together form the evidence an operator has met the directive’s requirements.
For EAA conformance support and documentation that holds up to scrutiny, Contact Accessible.org.
