European Accessibility Act (EAA) Requirements

The European Accessibility Act (EAA) is a law that requires sellers across the European Union to follow a unified and clear set of accessibility rules. The EAA serves two primary purposes: (1) ensuring people with disabilities can actually use everyday products and services, and (2) making it easier for sellers to sell throughout Europe. Instead of dealing with different requirements in each country, organizations now have a single accessibility standard to follow.

In this plain language guide, we will clearly explain who the EAA applies to, compliance requirements, and best practices for being in compliance. We’ve also published a more brief European Accessibility Act summary with less details if you’re just interested in an EAA overview.

Disclaimer: This post does not constitute legal advice. We recommend consulting with your counsel on EAA compliance.

Who Must be EAA Compliant?

The EAA affects product manufacturers, service providers, importers, and distributors. Product manufacturers and service providers must comply with specific accessibility requirements. Manufacturers, service providers, importers, and distributors also each have obligations for compliance.

Manufacturers

Manufacturers must ensure that their products comply with specific product accessibility requirements as set out in Annex I.

Manufacturers must also meet obligations set out in Chapter III, Article 7: Obligations of manufacturers.

Here is a distilled bullet point summary of manufacturer responsibilities:

• Design Products: Make sure products meet several accessibility considerations.
• Assess and Document: Check that products meet the EAA rules and keep records to prove it.
• CE Marking: Once the product complies with requirements, put a CE marking on the product to show it meets EU standards. The CE marking is a symbol that shows the product complies with EU accessibility, safety, health, and environmental protection standards. It is mandatory for products sold within the European Economic Area (EEA).
• Provide Information: Make sure labels, instructions, packaging, etc. have clear info that everyone can understand.
• Monitor Products: Keep an eye on products after they’re sold to make sure they stay accessible and fix any problems that come up.

Service Providers

Service providers must ensure their services are accessible to people with disabilities (technical requirements also in Annex 1). Service providers must also ensure that the products they use to serve customers are accessible. Additionally, service provider support must provide information on the accessibility of services in an accessible manner.

Read more on the accessibility requirements for services.

In addition to technical requirements, there are also additional obligations for service providers.

Also, websites, mobile applications, and other digital assets must be perceivable, operable, understandable, and robust (POUR). Since these are the four principles from the Web Content Accessibility Guidelines (WCAG), we recommend service providers strive for full WCAG conformance with websites, etc.

Importer Obligations

Importers bring products from outside the EU into EU markets. They must ensure that these products comply with the EAA’s accessibility requirements before selling them. This involves verifying that the manufacturer has conducted the necessary conformity assessments, ensuring the products have the required documentation and CE marking, and monitoring the products to maintain compliance. Importers must also provide their contact information on the product or its packaging.

Here is a quick summary of importer obligations:

• Check Products: Make sure products meet EAA rules before selling them in the EU.
• Document Compliance: Ensure products have the right documents and CE marking.
• Monitor Products: Keep an eye on the products they import to make sure they stay accessible.
• Provide Information: Make sure their name and contact details are on the product or its packaging.

Distributor Obligations

Distributors sell products within the EU. They must verify that the products they distribute meet EAA rules and provide necessary instructions and safety information in accessible formats. Distributors are also responsible for ensuring that products remain compliant during storage and transportation and must take corrective actions if non-compliance is detected.

Here is a quick summary of the distributor obligations:

• Verify Compliance: Check that products meet EAA rules before they sell them.
• Provide Information: Ensure products have instructions and safety information that are easy to understand.
• Monitor Products: Make sure products remain accessible while they’re in storage or transport.
• Fix Problems: If they find a product that doesn’t meet the rules, they must take action to fix the issue and inform the relevant parties.

Accessibility Requirements

The EAA sets specific requirements for different products and services to ensure they are accessible. These requirements are designed to make sure that products and services can be used by people with various disabilities, including those with sensory, physical, and cognitive impairments.

Because there are numerous accessibility requirements, we highly recommend reading Annex I (which sets out the actual accessibility requirements) to see which criteria apply to your organization. You can also read our guides for product accessibility requirements and services accessibility requirements.

To help illustrate these requirements, here are concrete examples from Annex I implementation:

• ATMs must provide audio output for screen content, tactile indicators for card insertion and PIN entry, and sufficient time between operations
• E-commerce websites need consistent navigation, clear error identification, and multiple ways to complete transactions
• Mobile apps must support screen reader compatibility, provide text alternatives for all images, and allow operation through various input methods including voice and switch devices

Demonstrating Compliance

Understanding how to demonstrate compliance is also very important. Product manufacturers must follow a conformity assessment process – a systematic way of showing that their products meet EAA requirements.

This process is set in Annex IV and involves several key steps:

1. Identifying applicable requirements from Annex I
2. Conducting internal assessment of products
3. Maintaining detailed technical documentation
4. Performing necessary testing
5. Creating a written EU declaration of conformity (for products)

A typical conformity assessment includes evaluating products, documenting accessibility features, assessing potential barriers, testing with various assistive technologies, and validating results. Organizations should expect to spend 3-6 months on their first assessment, with subsequent assessments typically taking less time as processes become established.

Service providers must follow the Information on Services Meeting Accessibility Requirements set in Annex V. Generally:

• Service providers must include accessibility compliance information in general terms/conditions or equivalent documents. Information must cover relevant design and operational aspects of accessibility requirements from Article 4.
• Providers may reference published harmonized standards and technical specifications from Official Journal of EU.
• Providers must demonstrate that service delivery and monitoring processes ensure compliance with requirements.

Products Covered

The EAA applies to various products, including general-purpose computer hardware, self-service terminals, consumer equipment for electronic communications, and e-readers. Each of these products must incorporate features that ensure they are accessible to users with disabilities. Read our full guide on the EAA scope of covered products and services.

Accessibility Features for Products

• Easy to Use: Products must be operable by people with various disabilities.
• Perceivable: Information and controls must be easy to see and hear.
• Understandable: Instructions and information must be clear and simple.
• Compatible: Products must work well with assistive technologies.

Services Covered

The EAA applies to a range of services, such as electronic communications, audiovisual media services, passenger transport services, consumer banking services, e-books, and e-commerce. These services must be designed to be accessible to people with disabilities, ensuring that information is available in accessible formats, services are easy to use, and personnel are trained to provide support.

Accessibility Features for Services

• Information Accessibility: Provide service information in formats like braille, large print, audio, and electronic formats.
• Service Delivery: Design services so they are accessible, including using accessible technologies and interfaces.
• Personnel Training: Train staff to support users with disabilities.
• Emergency Communications: Ensure accessible emergency communication services.

Entity Size and Compliance

The EAA recognizes that smaller businesses might face more challenges in meeting accessibility requirements. Therefore, the rules differ based on the size of the entity, particularly distinguishing between microenterprises, small and medium-sized enterprises (SMEs), and larger companies.

Microenterprises

Microenterprises are businesses with fewer than 10 employees and an annual turnover or balance sheet total not exceeding EUR 2 million. These businesses have some exemptions and lighter requirements to reduce the burden of compliance.

• Exemptions: Microenterprises providing services are exempt from some accessibility requirements.
• Support: Member States are encouraged to provide guidelines and tools to help microenterprises comply with accessibility standards voluntarily.

Small and Medium-sized Enterprises (SMEs)

SMEs are defined as businesses with fewer than 250 employees and an annual turnover not exceeding EUR 50 million or a balance sheet total not exceeding EUR 43 million. While SMEs must comply with the EAA, the directive aims to limit the administrative burden.

• Documentation: SMEs must still perform conformity assessments and provide the necessary documentation, but efforts are made to keep these requirements manageable.
• Market Surveillance: SMEs are subject to the same market surveillance as larger entities to ensure compliance.

Market Surveillance and Cost Implications

Market surveillance authorities will conduct both regular and complaint-driven inspections to ensure compliance. These authorities can request documentation at any time, conduct product testing, and investigate consumer complaints. Organizations should expect periodic audits and maintain current documentation. Typical surveillance might include mystery shopping, technical documentation review, and on-site inspections. Early estimates suggest initial compliance costs range from €20,000-80,000 for medium-sized enterprises, primarily in technical assessment, documentation, and potential product/service modifications.

Role of WCAG in EAA Compliance

The EAA authors clearly did not want to wholesale incorporate the Web Content Accessibility Guidelines (WCAG). However, we do see the POUR acronym and perceivable, operable, understandable, and robust principles carried forward so while WCAG conformance is not specifically required by the EAA, they are an excellent reference for compliance. Here are the POUR principles WCAG success criteria are rooted in:

• Perceivability: Making content available to all senses (sight, hearing, touch).
• Operability: Ensuring all users can interact with the interface.
• Understandability: Making content and controls easy to understand.
• Robustness: Ensuring content works with current and future technologies.

Even if your digital assets are non-web based (e.g., software, native mobile apps), we highly recommend using WCAG as a reference.

EAA Deadlines

The European Accessibility Act (EAA) outlines several important compliance deadlines. Obviously the 2022 deadline is based but the June 28, 2025 deadline is less than a year away and fast approaching.

1. Adoption and Publication of National Measures:
   • By 28 June 2022: Member States must adopt and publish the laws, regulations, and administrative provisions necessary to comply with the EAA. These measures must be communicated to the European Commission.
2. Application of National Measures:
   • From 28 June 2025: The adopted national measures will apply. This means that all products placed on the market and services provided to consumers must comply with the accessibility requirements set out in the EAA.
3. Transitional Measures for Services:
   • Until 28 June 2030: Service providers may continue to provide their services using products that were lawfully used before 28 June 2025. Service contracts agreed before this date can continue without alteration until they expire, but no longer than five years from 28 June 2025.

Risk Assessment Framework

Organizations should implement a systematic risk assessment approach for EAA compliance. This includes: 1) identifying potential accessibility barriers in current products/services, 2) evaluating the impact on different disability groups, 3) assessing the technical feasibility of modifications, 4) analyzing cost implications against the ‘disproportionate burden’ threshold, and 5) documenting all decisions with supporting evidence. A practical approach is to create a risk matrix scoring each feature or service against accessibility requirements and user impact. Organizations should review this assessment annually or when making significant changes to products or services.

Summary

The European Accessibility Act (EAA) will make products and services across the EU more accessible to people with disabilities. By setting common rules, the EAA helps businesses and service providers create accessible products and services and makes it easier for them to sell across the EU. This promotes equal participation in society and economic growth. Following these rules ensures that everyone, regardless of ability, can use products and services with ease.

Services

Working towards compliance with the European Accessibility Act (EAA) can be a complex and demanding process. Accessible.org offers services to help businesses and organizations meet these EAA compliance requirements efficiently and effectively. Our expertise in accessibility standards and compliance helps clients meet WCAG conformance and follow best practices for compliance.

Below are services that can help EAA covered entities.

Accessibility Audits

Accessible.org conducts thorough, manual accessibility audits to accessibility issues of a wide range of products and services. Our audits span:

• Digital Experiences: We evaluate and remediate websites, mobile apps, software, platforms, documents including PDFs, and more.
• Self-Service Terminals: Checking the accessibility of ATMs, ticketing machines, and other interactive kiosks and terminals.
• Consumer Products: Reviewing the design and functionality of your products to ensure they are accessible to people with disabilities.

Compliance Consulting

Our team of accessibility experts can also help you understand how the EAA affects you, advise youand create an accessibility program that integrates accessibility into your processes. This includes:

• Regulatory Guidance: Understanding the specific requirements of the EAA and how they apply to your business.
• Strategy Development: Creating a map to compliance that fits your timeline and budget.
• Implementation Support: Assisting with the integration of accessibility features into your products and services.

Training and Education

Accessible.org offers comprehensive training programs to educate your staff about accessibility best practices and regulatory requirements. Our training covers:

• Program Creation: We can help your organization create an internal program and policy for accessibility.
• Technical Training: We can provide the technical training you need to implement accessibility measures and WCAG 2.1 AA and WCAG 2.2 AA success criteria.
• Ongoing Support: Providing continuous education and updates on new accessibility standards and technologies.

Documentation and Reporting

We help you prepare and maintain the necessary documentation to demonstrate compliance with the EAA. Our services include:

• Technical Documentation: We offer VPAT / ACR services, Accessible.org certification, and conformance statement (and partical conformance) documents. You can view our certification on our documents page.
• Compliance Reports: Preparing reports that can be submitted to regulatory bodies to prove compliance.
• Continuous Monitoring: Offering ongoing monitoring services to ensure that your products and services remain compliant as standards evolve.

Get Started with Accessible.org

We’re here to help you make European Accessibility Act (EAA) compliance as simple and straightforward as possible. If you need help with accessibility, contact us and let us know how we can help with your project. We offer accessibility services to help your organization with EAA compliance. Our services include audits, remediation, user testing, documentation, training, and consulting.

To learn compliance requirements for other laws, visit our digital accessibility laws page. We simplify all laws into plain English so that you can know exactly what is required.

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.