The European Accessibility Act (EAA) is now in effect, requiring products and services to meet specific accessibility requirements. These ten questions address the most critical compliance concerns that economic operators face.
Table of Contents
1. What products and services does the EAA actually cover?
Article 2(1) and 2(2):
“This Directive applies to the following products placed on the market after 28 June 2025: (a) consumer general purpose computer hardware systems and operating systems for those hardware systems; (b) the following self-service terminals: (i) payment terminals; (ii) the following 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”
Article 2(2):
“This Directive applies to the following services provided to consumers after 28 June 2025: (a) electronic communications services; (b) services providing access to audiovisual media services; (c) [passenger transport services]; (d) consumer banking services; (e) e-books and dedicated software; and (f) e-commerce services.”
The EAA covers a specific list of products and services that impact daily life for consumers. For products, this includes computers, payment terminals, ATMs, and various self-service machines. For services, coverage extends to telecommunications, banking, e-commerce, e-books, and passenger transport. The key date is June 28, 2025 – products placed on the market and services provided after this date must comply.
2. Do small businesses get any breaks from these requirements?
Article 4(5):
“Microenterprises providing services shall be exempt from complying with the accessibility requirements referred to in paragraph 3 of this Article and any obligations relating to the compliance with those requirements.”
Article 3(23):
“‘microenterprise’ means an enterprise which employs fewer than 10 persons and which has an annual turnover not exceeding EUR 2 million or an annual balance sheet total not exceeding EUR 2 million”
Microenterprises providing services receive a complete exemption from accessibility requirements. This covers businesses with fewer than 10 employees and annual turnover or balance sheet under EUR 2 million. However, microenterprises dealing with products still must comply with accessibility requirements, though they get lighter documentation obligations. Accessible.org’s resources help small businesses understand which category they fall into.
3. What if making something accessible would fundamentally change it or cost too much?
Article 14(1):
“The accessibility requirements referred to in Article 4 shall apply only to the extent that compliance: (a) does not require a significant change in a product or service that results in the fundamental alteration of its basic nature; and (b) does not result in the imposition of a disproportionate burden on the economic operators concerned.”
Article 14(2):
“Economic operators shall carry out an assessment of whether compliance with the accessibility requirements referred to in Article 4 would introduce a fundamental alteration or, based on the relevant criteria set out in Annex VI, impose a disproportionate burden”
The Directive recognizes that some accessibility requirements might be impossible or unreasonably expensive to implement. Economic operators can claim these exceptions but must document their assessment. The assessment considers factors like the ratio of compliance costs to overall business costs. Service providers must renew this assessment every five years. The Accessibility Tracker platform helps document these assessments for compliance records.
4. How do we prove our products meet the requirements?
Article 7(2):
“Manufacturers shall draw up the technical documentation in accordance with Annex IV and carry out the conformity assessment procedure set out in that Annex or have it carried out. Where compliance of a product with the applicable accessibility requirements has been demonstrated by that procedure, manufacturers shall draw up an EU declaration of conformity and affix the CE marking.”
Article 7(3):
“Manufacturers shall keep the technical documentation and the EU declaration of conformity for five years after the product has been placed on the market.”
Products need three key elements for compliance: technical documentation, an EU declaration of conformity, and CE marking. The technical documentation must show how the product meets accessibility requirements. Manufacturers must keep these documents for five years. The conformity assessment follows the internal production control procedure in Annex IV, which allows manufacturers to self-certify rather than requiring third-party testing.
5. What about services – how do they show compliance?
Article 13(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.”
Article 13(3):
“Service providers shall ensure that procedures are in place so that the provision of services remains in conformity with the applicable accessibility requirements.”
Services don’t need CE marking but must document and publicly share how they meet accessibility requirements. This information goes in general terms and conditions or equivalent documents. Service providers need procedures ensuring ongoing compliance and must track any changes to maintain conformity. Accessible.org clients typically use WCAG 2.1 AA as their technical standard for digital services.
6. What technical standards should we follow?
Article 15(1):
“Products and services which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union, shall be presumed to be in conformity with the accessibility requirements of this Directive in so far as those standards or parts thereof cover those requirements.”
Article 15(2):
“The Commission shall, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards for the product accessibility requirements set out in Annex I.”
The EAA relies on harmonised standards published in the Official Journal. When you follow these standards, authorities presume your products or services comply. While waiting for specific EAA standards, many organizations follow WCAG 2.1 AA or WCAG 2.2 AA for digital accessibility, as these align with the Directive’s functional requirements. The Accessibility Tracker platform tracks conformance with these standards.
7. Who checks if we’re compliant and what happens if we’re not?
Article 19(1):
“Article 15 of Regulation (EU) 2019/1020 and Articles 16 to 29 of Regulation (EC) No 765/2008 shall apply to products in so far as there are no specific provisions with the same objective in this Directive.”
Article 23(1):
“Member States shall ensure that there are adequate and effective means to ensure compliance with this Directive with regard to services.”
Article 30(1):
“Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.”
Products face market surveillance under existing EU regulations, while services have separate compliance checking by designated authorities. Penalties vary by Member State but must be effective, proportionate and dissuasive. Authorities typically start with requests for corrective measures before escalating to market withdrawal or penalties.
8. Do we need to update products and services already on the market?
Article 2(1):
“This Directive applies to the following products placed on the market after 28 June 2025”
Article 2(2):
“This Directive applies to the following services provided to consumers after 28 June 2025”
Article 7(4):
“Changes in product design or characteristics and changes in the harmonised standards, or in technical specifications, by reference to which conformity of a product is declared shall be adequately taken into account.”
Products already on the market before June 28, 2025 don’t need retroactive updates. However, significant changes to existing products might trigger compliance obligations. Services face ongoing requirements since they’re continuously provided rather than placed on the market once. Any major update or redesign should consider accessibility requirements.
9. Who is considered an “economic operator” under the EAA?
Article 3(21):
“‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor or the service provider”
The EAA casts a wide net, covering anyone in the supply chain who places products on the market or provides services. Manufacturers design and produce products, importers bring products from outside the EU, distributors make products available on the market, and service providers offer covered services to consumers. Each role has specific obligations – for example, importers must ensure products have CE marking before placing them on the market, while distributors must verify documentation is complete. Understanding which role you play determines your specific compliance obligations under the Directive.
10. What’s the difference between obligations and requirements in the EAA?
Article 4 establishes “Accessibility requirements” while various articles detail “Obligations of economic operators.” The Directive maintains a clear distinction: requirements are the technical accessibility standards that products and services must meet (found in Annex I), while obligations are the administrative and procedural duties like documentation, CE marking, and maintaining conformity assessment records. Understanding this distinction helps organizations properly allocate resources between technical implementation and administrative compliance. Accessible.org’s EAA resources explain both technical requirements and administrative obligations in plain English.
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