Under Chapter IV, Obligations of service providers, Article 13, of the European Accessibility Act (EAA), below are the obligations of service providers along with our plain language explanations of what each obligation means.
Per Article 3, Definitions:
(4) ‘service provider’ means any natural or legal person who provides a service on the Union market or makes offers to provide such a service to consumers in the Union;
- Service providers shall ensure that they design and provide services in accordance with the accessibility requirements of this Directive.
Self-explanatory.
2. Service providers shall prepare the necessary information in accordance with Annex V and shall explain how the services meet the applicable accessibility requirements. The information shall be made available to the public in written and oral format, including in a manner which is accessible to persons with disabilities. Service providers shall keep that information for as long as the service is in operation.
This means that service providers must create and share information about how their services meet accessibility standards. They need to provide this information in both written and spoken forms, ensuring it is easy for people with disabilities to access. Additionally, they must keep this information available for as long as the service is active.
3. Without prejudice to Article 32, service providers shall ensure that procedures are in place so that the provision of services remains in conformity with the applicable accessibility requirements. Changes in the characteristics of the provision of the service, changes in applicable accessibility requirements and changes in the harmonised standards or in technical specifications by reference to which a service is declared to meet the accessibility requirements shall be adequately taken into account by the service providers.
This means that service providers must have processes in place to ensure their services continue to meet accessibility standards. They need to consider any changes in how the service is provided, any updates to accessibility requirements, and any changes in the relevant standards or specifications that define what accessibility means. Essentially, they must stay current and adapt to any updates to keep their services accessible.
4. In the case of non-conformity, service providers shall take the corrective measures necessary to bring the service into conformity with the applicable accessibility requirements. Furthermore, where the service is not compliant with applicable accessibility requirements, service providers shall immediately inform the competent national authorities of the Member States in which the service is provided, to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
In simple terms, if a service provider finds that their service does not meet accessibility standards, they must take steps to fix the issue. Additionally, they are required to inform the relevant national authorities in the countries where the service is offered about the non-compliance. This notification should include details about what the problems are and what actions they are taking to correct them.
5. Service providers shall, further to a reasoned request from a competent authority, provide it with all information necessary to demonstrate the conformity of the service with the applicable accessibility requirements. They shall cooperate with that authority, at the request of that authority, on any action taken to bring the service into compliance with those requirements.
This means that if a competent authority asks for it, service providers must share all the information needed to show that their services meet accessibility standards. They also have to cooperate with the authority if it requests help with actions to ensure compliance. Essentially, they need to be transparent and work together with the authority to address any accessibility issues.
Summary
In sum, service providers must ensure their services meet accessibility standards by preparing and sharing relevant information in accessible formats. They need to have procedures in place to maintain compliance, adapt to any changes in requirements or standards, and take corrective actions if they find non-compliance. If requested by competent authorities, they must provide information to demonstrate conformity and cooperate on any necessary actions to ensure their services remain accessible.
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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.
