The European Accessibility Act ((EU) 2019/882) (EAA) is a directive that aims to improve the accessibility of a wide range of consumer products and services, including websites, ATMs, smartphones, consumer banking services, e-books, and telecommunications, for people with disabilities.
It has been transposed into Irish law pursuant to the European Union (Accessibility Requirements of Products and Services) Regulations 2023 (Irish Regulations), which come into operation on 28 June 2025.
The new accessibility obligations will affect, among others, Credit Institutions, Payment Institutions, Electronic Money Institutions, and MiFID Investment firms.
On 23 June 2025, the Central Bank of Ireland (Central Bank) (the compliance authority in respect of consumer banking services under the Irish Regulations) contacted certain regulated firms to advise that those intending to avail of an exemption under the Irish Regulations must first provide the Central Bank with certain information outlined below. The notice also set out steps for firms' non-compliance reporting.
Consumer banking services
The in-scope services include "consumer banking services". Under the Irish Regulations, "consumer banking services" means the provision to "consumers" of credit agreements, payment/payment account services, electronic money services or MiFID services. For further information on affected MiFID services, please see our Asset Management & Investment Funds article here.
Consumer
A "consumer" is any natural person who, for purposes which are outside his or her trade, business, craft or profession, either purchases a product or is a recipient of a service, to which the Irish Regulations apply.
Exemptions
- Services provided by Microenterprises (i.e., services providers that employ fewer than 10 people and have a turnover not exceeding €2m or an annual balance sheet not exceeding €2m) are exempt from the provisions of the Irish Regulations and are not required to notify the Central Bank that they will avail of such exemption.
- Other exempted services. An exemption may also be available if compliance with the accessibility requirements either necessitates (a) a significant change in the service that results in the fundamental alteration of its basic nature or (b) imposes a disproportionate burden on the relevant service provider.
Other exempted services
Service providers seeking to rely on either of the other exempted services (i.e. at (a) and (b) above) must carry out and document an assessment.
In the case of (b), the assessment must be based on the "disproportionate burden" criteria set out in Schedule 4 of the Irish Regulations.
The fact that an exemption at (a) or (b) above has been relied upon must be notified by the service provider to the Central Bank.
Service providers relying on the exemption at (b) above must renew their assessment of whether the burden is disproportionate when the service offered is altered, when requested to do so by the Central Bank and, in any event, at least every five years.
Central Bank requirements regarding other exempted services
Regulated financial service providers intending to avail of an exemption (other than microenterprises) must first provide the Central Bank with information outlined below:
- A copy of the assessment undertaken, specifying which exemption is being relied on.
- Details of whether the exemption assessment applies to all consumer banking services conducted by the firm or only to certain services (list all services availing of an exemption).
- The date of the next assessment to be conducted by the firm.
- The governance process and details of the person(s) in the firm who approved the exemption assessment.
Non-compliance reporting by firms
Where a firm is not compliant with the applicable accessibility requirements, then the firm must immediately inform the Central Bank and provide details of the non-compliance and the corrective measures taken. In such circumstances where an issue of non-compliance occurs, the Central Bank should be provided with the following information:
- Date the issue of non-compliance was identified;
- Details of the non-compliance, to include which consumer banking service(s) and relevant products placed on the market on or after 28 June 2025 are impacted;
- The firm's plan to become compliant, including timelines (including any interim measures or workarounds for customers until the firm becomes compliant); and
- Details of the individual(s) performing a pre-approval controlled function (PCF) in the firm with overall responsibility for ensuring the firm becomes compliant and liaising with the Central Bank.
Transitional provisions
Contracts with consumers for the provision of services agreed before 28 June 2025 may continue without alteration until their expiration date or 28 June 2030, whichever is earlier.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
