A great way to think of the European Accessibility Act (EAA) is to divide it into two sections:
- Obligations
- Requirements
The obligations are contained in the first part of the Directive (the Articles) and they’re the administrative or paperwork side. Annexes 4, 5, and 6 also fall under the admin or paperwork side.
The requirements are contained in the second part of the Directive (the Annexes) and Annexes 1, 2, and 3 house the technical requirements for accessibility.
Let’s focus in on the documentation and administrative requirements for each of the 4 economic operators: manufacturers, service providers, distributors, and importers.
We’ll start with checklists from the Articles of the Directive (first part) and then add a few more checklists from Annexes 4, 5, and 6 at the very bottom of the Directive.
Note: The following checklists are based on the strict obligations under the EAA. We will update this post with a link to our recommended documentation and best practices for demonstrating EAA compliance and good faith efforts towards compliance.
Manufacturers
| Obligation | Practical Explanation |
|---|---|
| Create technical documentation | Write down how the product was designed and built, what parts it uses, and how it meets accessibility rules. Store all relevant drawings, specs, and test results. |
| Write a Declaration of Conformity | Sign a formal statement that the product meets EAA rules. Keep this document on file for five years. |
| Put CE marking on the product | Attach the CE label to each product that meets the rules, showing it’s approved for sale in the EU. |
| Provide accessible instructions | Make sure safety information and user instructions are easy to read and understand, including formats like large print or digital files when appropriate. |
| Include manufacturer’s contact info | Clearly label the product or packaging with your name, address, and contact details. |
| Track complaints and non-conformities | Keep a log of complaints and any known product issues. Use this to investigate and fix problems. |
| Cooperate with authorities | Be ready to provide your documentation to government officials if they ask for it. |
| Keep records of who supplied and received the product | Maintain records showing who you bought the product parts from and who you sold the product to — keep these for five years. |
Manufacturers have the most comprehensive documentation obligations under the EAA:
- Prepare and maintain technical documentation (Annex IV), including a general description of the product, design and manufacturing details, and explanations necessary to understand how the product meets the accessibility requirements.
- Draw up and retain the EU Declaration of Conformity (Annex V).
- Affix the CE marking.
- Provide instructions and safety information in an easily understandable language, including accessible formats where applicable.
- Indicate the manufacturer’s name, address, and contact details.
- Maintain documentation and the EU Declaration of Conformity for five years after the product is placed on the market.
- Keep a register of non-conforming products and complaints.
- Provide documentation to competent authorities upon request, including information that explains accessibility compliance.
- Identify the economic operator who supplied the product and the one to whom it was supplied; retain this information for five years.
Service Providers
| Obligation | Practical Explanation |
|---|---|
| Explain how the service is accessible | Write clear descriptions (in text and audio) showing how your service meets accessibility rules — store this info as long as the service exists. |
| Publish the accessibility info | Post accessibility information publicly and make sure it’s usable by everyone, including people who are blind or deaf. |
| Monitor accessibility over time | Set up a review process to check that the service stays accessible after updates or changes. |
| Fix any accessibility issues | If something breaks accessibility, correct it quickly and report the problem to national regulators with details on how you fixed it. |
| Provide documentation on request | If regulators ask, show them how your service meets EAA rules and what steps you’ve taken. |
- Prepare the necessary information in accordance with Annex V and explain how the services meet the applicable accessibility requirements.
- Make this information available to the public in written and oral formats, including in a manner accessible to persons with disabilities.
- Retain this information for as long as the service is in operation.
- Ensure procedures are in place to maintain conformity with applicable accessibility requirements.
- Take corrective measures when services do not conform and notify competent authorities with details of non-compliance and actions taken.
- Provide all information necessary to demonstrate conformity upon a reasoned request from a competent authority.
- Cooperate with competent authorities on actions taken to bring services into conformity.
Importers
| Obligation | Practical Explanation |
|---|---|
| Check product compliance | Before importing, make sure the product has CE marking and that the manufacturer did all required testing and paperwork. |
| Label your contact info | Add your company name and address to the packaging or documents so customers and regulators know who imported it. |
| Keep the Declaration of Conformity | Save the document that proves the product meets EU rules — keep it for five years. |
| Ensure accessibility info is included | Make sure the instructions describe how the product is accessible in a way everyone can understand. |
| Monitor storage and transport | Store and move the product in ways that don’t damage or change its accessibility features. |
| Track complaints | Keep records of any issues reported and work with the manufacturer to address them. |
| Cooperate with authorities | Be ready to hand over documentation and answer questions from regulators. |
Importers are required to ensure the compliance of products before placing them on the EU market:
- Verify that the manufacturer has completed the required conformity assessment procedure and prepared the technical documentation described in Annex IV.
- Confirm the presence of CE marking, technical documentation, and required instructions.
- Indicate their name, registered trade name, and contact address on the product, packaging, or accompanying document.
- Maintain a copy of the EU Declaration of Conformity as described in Annex V for five years.
- Ensure that storage and transport conditions do not compromise product conformity.
- Ensure that the information provided with the product includes accessible explanations of how it meets the applicable accessibility requirements, as required by Article 7(6).
- Maintain a record of complaints and non-conforming products.
- Cooperate with authorities by providing all necessary documentation upon request.
- Identify the economic operator who supplied them and to whom they supplied the product, and retain this information for five years.
Distributors
| Obligation | Practical Explanation |
|---|---|
| Check for CE marking and documents | Make sure the products you sell are labeled properly and come with required instructions. |
| Don’t sell non-compliant products | If you suspect something isn’t accessible or compliant, don’t put it on the shelf until it’s confirmed to meet requirements. |
| Ensure proper storage and shipping | Store products in a way that doesn’t damage their accessibility features. |
| Help authorities | Be prepared to show paperwork or explain how the product meets accessibility standards. |
Distributors have more limited but still essential responsibilities:
- Confirm that products bear CE marking and are accompanied by necessary instructions.
- Ensure that the manufacturer and importer have complied with their respective documentation duties.
- Ensure proper storage and transportation to maintain product conformity.
- Refrain from distributing products suspected of non-conformity.
- Cooperate with authorities by furnishing relevant conformity documents upon request.
- Identify the economic operator who supplied them and to whom they supplied the product, and retain this information for five years.
Authorised Representatives
| Obligation | Practical Explanation |
|---|---|
| Hold documentation | Keep the technical files and Declaration of Conformity prepared by the manufacturer for five years. |
| Respond to authority requests | If regulators ask for files, provide them quickly and accurately. |
| Help fix compliance issues | Work with the manufacturer and authorities to resolve problems if something goes wrong. |
| Track supply chain | Know who gave you the product and who you passed it to — keep these records for five years. |
| Follow your mandate | Only do what you’re specifically authorized to do by the manufacturer; don’t act beyond that scope. |
Authorised representatives must act within the scope of the mandate given by the manufacturer:
- Hold the technical documentation and EU Declaration of Conformity, as defined in Annexes IV and V, for a minimum of five years.
- Provide documentation to authorities upon request.
- Cooperate with authorities to eliminate non-compliance.
- Identify the economic operator who supplied them and to whom they supplied the product, and retain this information for five years.
- Note: They do not create the documentation unless explicitly mandated by the manufacturer.
Here are the checklists for Annexes 4, 5, and 6.
Annex IV – Conformity Assessment Procedure — Products (for Manufacturers)
Manufacturers are responsible for the following:
Internal production control
This is the conformity assessment procedure where the manufacturer meets the technical requirements and declares that its product(s) satisfy the technical quirements.
Technical documentation
- A general description of the product/service
- Design and manufacturing drawings, and schemes of components
- Descriptions and explanations necessary for understanding operation and conformity
- A list of harmonised standards or specifications applied
- The results of design calculations, examinations, and test reports
- Details of the conformity assessment procedure used
Manufacturing
The manufacturing process and monitoring must ensure compliance with the technical accessibility requirements.
CE Marking and EU declaration of conformity
The manufacturer needs to declare conformity and affix the CE marking to each individual product that satisfies the applicable requirement.
- A unique identification of the product/service
- Name and address of manufacturer
- A statement of sole responsibility
- Object of the declaration (e.g., product type, model)
- The conformity statement referencing relevant legislation
- References to harmonised standards/specifications
- Signature, name, position, and date
Annex V – Information on Services Meeting Accessibility Requirements
This annex applies to service providers and details how to document and share accessibility information.
- Include the following in terms and conditions or equivalent:
- General description of the service in accessible formats.
- Clear explanations of how the service operates.
- Description of how accessibility requirements from Annex I are met.
- Ensure information is:
- Available in written and oral formats.
- Publicly accessible and kept for as long as the service is offered.
- Optionally apply harmonised standards/technical specs to show compliance.
- Provide evidence that your monitoring processes ensure ongoing compliance.
Annex VI: Criteria for Assessment of Disproportionate Burden
Conduct and document an assessment that evaluates:
- Ratio of compliance costs to overall operational costs.
- Resources of the organization (e.g., size, revenue).
- Market share and scale of operations.
- Estimated benefits to persons with disabilities.
- Severity and frequency of the accessibility issue.
Maintain assessment documentation for 5 years.
Provide the documentation upon request from authorities.
Update the assessment when:
- The service or product changes.
- Requested by authorities.
- At least once every five years.
Summary
There are several documentation and administrative obligation for economic operators, but the obligations are rather intuitive and mostly straightforward.
We’ll follow up with our recommendations on what and how to document your compliance efforts.
