Under Chapter 1, Article 2 of the European Accessibility Act (EAA), the scope of the Directive is defined. We’ll breakdown the scope (what types of products and services are covered) and provide examples.
This guide will help manufacturers and service providers determine what products and services are covered under the EAA. Let’s analyze the Directive’s language one piece at a time.
This Directive applies to the following products placed on the market after 28 June 2025:
This means the EAA will require the products listed below to be compliant, if they are available in the market after June 28, 2025.
(a) consumer general purpose computer hardware systems and operating systems for those hardware systems;
Paragraph 25 of the Directive explains what is and is not covered by letter (a):
(25) 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.
(b) The following self-service terminals:
Payment terminals;
Self-service terminals dedicated to the provision of services covered by this Directive:
- Automated teller machines;
- Ticketing machines;
- Check-in machines;
- Interactive self-service terminals providing information (excluding terminals installed as integrated parts of vehicles, aircraft, ships, or rolling stock).
Paragraph 26 helps with this selection: (26) This Directive should also cover payment terminals, including both their hardware and software, and certain interactive self-service terminals, including both their hardware and software, dedicated to be used for the provision of services covered by this Directive: for example automated teller machines; ticketing machines issuing physical tickets granting access to services such as travel ticket dispensers; bank office queuing ticket machines; check-in machines; and interactive self-service terminals providing information, including interactive information screens.
(c) consumer terminal equipment with interactive computing capability, used for electronic communications services;
Paragraph 30 touches on this: (30) This Directive should also cover consumer terminal equipment with interactive computing capability foreseeably to be primarily used to access electronic communications services. For the purposes of this Directive that equipment should be deemed to include equipment used as part of the setup in accessing electronic communications services such as a router or a modem.
Examples of consumer terminal equipment with interactive computing capability used for electronic communications services include:
- Smartphones: Devices that enable voice calls, text messaging, and access to various communication apps like WhatsApp or Skype.
- Tablets: Portable devices that support video calls, messaging, and email through apps or web browsers.
- Laptops and Desktops: Computers that provide capabilities for voice and video conferencing, email, and instant messaging.
- VoIP Phones: Phones that use internet protocols for voice communications, such as those used in Skype or Zoom calls.
- Smart Speakers: Devices like Amazon Echo or Google Nest that allow users to make calls or send messages using voice commands.
- Webcams: Cameras used in conjunction with computers or tablets for video communication.
(d) consumer terminal equipment with interactive computing capability, used for accessing audiovisual media services; and
From paragraph 7 of definitions: ‘consumer terminal equipment with interactive computing capability, used for accessing audiovisual media services’ means any equipment the main purpose of which is to provide access to audiovisual media services;
Examples of consumer terminal equipment with interactive computing capability used for accessing audiovisual media services include:
- Smart TVs: Televisions that connect to the internet and allow users to stream movies and shows from services like Netflix or Hulu.
- Streaming Devices: Devices like Roku, Amazon Fire TV, or Apple TV that connect to a TV and provide access to various streaming platforms.
- Set-Top Boxes: Boxes provided by cable or satellite companies that allow users to access TV channels and on-demand content.
- Media Players: Devices like Chromecast or Google Nest Hub that enable users to stream content from their mobile devices to a TV.
- Game Consoles: Consoles such as PlayStation or Xbox that offer streaming services in addition to gaming capabilities.
- Smartphones and Tablets: Mobile devices that allow users to access apps for streaming audiovisual content.
(e) e-readers.
Paragraph 42 from the Directive provides context on e-readers:
(42) ‘e-reader’ means dedicated equipment, including both hardware and software, used to access, navigate, read and use e-book files;
Examples of e-readers include:
- Amazon Kindle: Various models like the Kindle Paperwhite and Kindle Oasis, designed specifically for reading e-books with e-ink technology.
- Kobo eReader: Models such as the Kobo Clara and Kobo Libra, which also use e-ink displays for a comfortable reading experience.
- Barnes & Noble Nook: Devices like the Nook GlowLight and Nook Tablet, designed for reading e-books and magazines.
- PocketBook eReaders: Models like the PocketBook InkPad and PocketBook Touch, known for their versatility and support for various e-book formats.
- Sony Digital Paper: A larger e-reader designed for reading and annotating PDFs, suitable for professionals and students.
Without prejudice to Article 32, this Directive applies to the following services provided to consumers after 28 June 2025:
This means that starting from June 28, 2025, the Directive will apply to specific services offered to consumers. The phrase “without prejudice to Article 32” indicates that this application does not affect or alter any provisions or rules outlined in Article 32.
(a) electronic communications services with the exception of transmission services used for the provision of machine-to-machine services;
This means that the rules apply to electronic communications services, but not to the services that are specifically used to transmit data between machines (like devices communicating with each other). So, if a service involves communication between people or systems, it’s included, but services that only handle machine-to-machine data transmission are excluded.
(b) services providing access to audiovisual media services;
This means that the rules apply to services that allow people to access audiovisual media, like movies, TV shows, and streaming content. Essentially, any service that provides or facilitates viewing of visual and audio media is included under these rules.
(c) the following elements of air, bus, rail and waterborne passenger transport services, except for urban, suburban and regional transport services for which only the elements under point (v) apply:
This section specifies that certain aspects of air, bus, rail, and water passenger transport services are covered by the rules, with some exceptions for local transport. So all of the following are covered:
(i) websites;
Self-explanatory.
(ii) mobile device-based services including mobile applications;
Self-explanatory.
(iii) electronic tickets and electronic ticketing services;
Self-explanatory. As we covered above.
(iv) delivery of transport service information, including real-time travel information; this shall, with regard to information screens, be limited to interactive screens located within the territory of the Union; and
This means that the rules cover how transport service information is provided, including real-time updates about travel. However, this only applies to interactive information screens that are located within the European Union. So, if a transport service has screens showing live information, they must meet accessibility standards, but only if those screens are in the EU.
(v) interactive self-service terminals located within the territory of the Union, except those installed as integrated parts of vehicles, aircrafts, ships and rolling stock used in the provision of any part of such passenger transport services;
This means that the rules apply to interactive self-service terminals (like kiosks) that are found in the European Union. However, this does not include terminals that are built into vehicles, planes, ships, or trains used for transporting passengers. So, while standalone kiosks must follow the rules, those integrated into transport vehicles are excluded.
(d) consumer banking services;
Paragraph 28 details consumer banking services: (28) ‘consumer banking services’ means the provision to consumers of the following banking and financial services:
(a) credit agreements covered by Directive 2008/48/EC of the European Parliament and of the Council (28) or Directive 2014/17/EU of the European Parliament and of the Council (29);
(b) services as defined in points 1, 2, 4 and 5 in Section A and points 1, 2, 4 and 5 in Section B of Annex I to Directive 2014/65/EU of the European Parliament and of the Council (30);
(c) payment services as defined in point 3 of Article 4 of Directive (EU) 2015/2366 of the European Parliament and of the Council (31);
(d) services linked to the payment account as defined in point 6 of Article 2 of Directive 2014/92/EU of the European Parliament and of the Council (32); and
(e) electronic money as defined in point 2 of Article 2 of Directive 2009/110/EC of the European Parliament and of the Council (33);
(e) e-books and dedicated software; and
Paragraph 41 provides the details for e-books: (41) ‘e-book and dedicated software’ means a service, consisting of the provision of digital files that convey an electronic version of a book, that can be accessed, navigated, read and used and the software including mobile device-based services including mobile applications dedicated to the accessing, navigation, reading and use of those digital files, and it excludes software covered under the definition in point (42);
(f) e-commerce services.
Paragraph 42 defines e-commerce services: (42) This Directive defines e-commerce services as a service provided at a distance, through websites and mobile device-based services, by electronic means and at the individual request of a consumer, with a view to concluding a consumer contract. For the purposes of that definition ‘at a distance’ means that the service is provided without the parties being simultaneously present; ‘by electronic means’ means that the service is initially sent and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and transmitted, conveyed and received in its entirety by wire, by radio, by optical means or by other electromagnetic means; ‘at the individual request of a consumer’ means that the service is provided on individual request. Given the increased relevance of e-commerce services and their high technological nature, it is important to have harmonised requirements for their accessibility.
Exceptions to EAA Scope Coverage
4. This Directive does not apply to the following content of websites and mobile applications:
(a) pre-recorded time-based media published before 28 June 2025;
This means that the rules in this Directive do not apply to pre-recorded video or audio content on websites and mobile apps that was published before June 28, 2025. So, any media released before that date is exempt from these accessibility requirements.
(b) office file formats published before 28 June 2025;
This means that the rules do not apply to office file formats (like documents, spreadsheets, or presentations) that were published before June 28, 2025. So, any such files released before that date are not subject to these accessibility requirements.
(c) online maps and mapping services, if essential information is provided in an accessible digital manner for maps intended for navigational use;
This means that the rules do not apply to online maps and mapping services as long as they provide essential information in a way that is accessible digitally. This applies specifically to maps used for navigation. So, if the important details are available in an accessible format, these services are exempt from the Directive’s requirements.
(d) third-party content that is neither funded, developed by, or under the control of, the economic operator concerned;
This means that the rules do not apply to content created by someone else (a third party) that the service provider does not pay for, develop, or control. So, if a company shares or hosts content that it didn’t create or manage, it isn’t responsible for making that content accessible under the Directive.
(e) content of websites and mobile applications qualifying as archives, meaning that they only contain content that is not updated or edited after 28 June 2025.
This means that the rules do not apply to websites and mobile apps that serve as archives. These archives only contain content that will not be changed or updated after June 28, 2025. So, if a site is solely for preserving old, unedited content, it is exempt from the accessibility requirements of the Directive.
Summary
We’ve covered an extensive list of products or services that are covered under the European Accessibility Act (EAA). However, there are several notable exceptions for pre-existing content.
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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.
