When we first started researching the European Accessibility Act (EAA), we thought it would be easier to understand the requirements right away. But the EAA can be overwhelming when you attempt to read the Directive straight through.
This caused us to slow down and spend hours extracting the essentials so we could first broadly understand what the Act required and then distill that information for you in bite sized chunks. Below is a lightning round intro followed by what you need to know about each section.
One helpful way to approach the Act mentally is to remember that there are technical requirements and administrative obligations. Also, it makes it easier to organize the Act if you think of the different players involved.
The primary players are product manufacturers and service providers. However, you can’t forget distributors and importers also have administrative roles to play.
This context alone will already give you a better understanding of the EAA, but now we’ll quickly summarize what the Act is about and explain what each key section means (in plain English).
Table of Contents
What is the European Accessibility Act?
The EAA is a directive that requires products and services in the European Union to be accessible to people with disabilities. As a directive, it sets out requirements that all EU member states must meet while allowing each country flexibility in how they incorporate these requirements into their national laws.
What is the Purpose?
The Act serves two primary purposes:
- To ensure people with disabilities have access to products and services
- To facilitate easier commerce across the EU by harmonizing accessibility requirements across all 27 member states, replacing what could potentially be 27 different sets of requirements with a single unified standard
Setup
Let’s now discuss the Act itself. The first big block of text you’ll come across is the background and context for the Directive. We start with this and then flow through the rest of the document.
Background and Context (Paragraphs 1-104)
The opening section provides crucial context for understanding the Act, including:
- The intent and purpose behind the legislation
- Clarification on how sections should be interpreted
- Explanation of why the legislation is necessary
- How the EAA relates to other legislation
If you’re ever unsure of how to interpret the Act, these initial paragraphs provide valuable insight on what legislators were thinking and what their intent was.
Scope and Definitions (Articles 2-3)
These sections outline what is and isn’t covered by the Act and provide clear definitions for key terms used throughout the document. The definitions section is particularly important for understanding technical terms used in later sections.
For example, here you can read what the qualifications are to be considered a microenterprise.
Accessibility Requirements (Article 4)
This section serves as a reference point, directing readers to specific technical requirements found in other parts of the Act, particularly in the annexes.
Obligations of Different Supply Chain Players (Articles 7-13)
The Act outlines specific obligations for various parties involved in the supply chain:
- Manufacturers (Article 7)
- Importers (Article 9)
- Distributors (Article 10)
- Service Providers (Article 13)
These sections focus on documentation, certification, and record-keeping requirements rather than technical accessibility specifications.
Exceptions and Limitations (Article 14)
This section addresses when organizations might be excused from certain accessibility requirements, specifically in cases of:
- Fundamental alteration of products or services
- Disproportionate burden on manufacturers or service providers
Important note: This isn’t a blanket exemption. Organizations must document and justify their claims, review them regularly, and still make accessibility improvements where possible.
CE Marking and Market Surveillance (Articles 16-22)
These sections cover:
- How organizations declare compliance through CE marking
- The process for marking products
- How authorities check compliance
- Consequences for non-compliance
Technical Requirements (Annexes)
The final stretch of the European Accessibility Act, the annexes section, doles out a lot of practically helpful information in the implementation aspect of making sure you meet compliance requirements and obligations.
Here are each of the Annexes and what they help with.
Annex 1
Annex 1 is the money section of the EAA. This contains the specific technical requirements for making products and services accessible. Here are a few examples of accessibility requirements:
- Providing information in multiple formats
- Making interfaces adaptable
- Ensuring compatibility with assistive technologies
- Making functions usable by people with different types of disabilities
Annex 2
Annex 2 is extremely helpful. Here the drafters provide practical examples of how to meet the technical requirements outlined in Annex 1. If you’re unfamiliar with accessibility, this really helps give you a better feel for what’s required.
Think of Annex 1 of tell me what I need to do.
Think of Annex 2 as show me how to do it.
Annex 4
Annex 4 is another practically helpful section. Annex 4 details the conformity assessment procedure for products, including documentation requirements and certification steps.
Annex 5
Annex 5 explains what information service providers must include in their terms and conditions regarding accessibility compliance.
Annex 6
Annex 6 outlines the criteria for assessing disproportionate burden, including formulas for calculating costs and determining whether the threshold has been met.
This is helpful for assessing whether or not you qualify for the disproportionate burden exception and what you need to do if you do qualify.
Summary
When you breakdown the European Accessibility Act by the various sections, mostly articles and annexes, you get a much better understanding for what is necessary for compliance.
Depending on what role you fit – product manufacturer, service provider, importer, or distributor – you can now better focus on what sections apply to you and what you need to do for compliance.
Services
Getting started with EAA compliance can still feel daunting, but we’re here to help make it as easy as possible. Accessible.org provides services to help organizations across the globe with legal compliance:
- Strategic consulting
- Accessibility audits
- Documentation, including VPATs and ACRs
- Implementation guidance for technical requirements
Contact us to discuss how we can help with EAA compliance.
