A New Milestone For Accessibility – The European Accessibility Act Now Applies

The European Accessibility Act (EAA) can be enforced by Member States from 28 June 2025.  Impacting businesses across a broad range of sectors, the EAA applies to many categories of consumer products and services, particularly digital technologies, which range from payment terminals and smartphones to consumer banking services and online shops. The aim: to make all these products and services accessible to everyone, including people with disabilities.  While the EAA applies to products and services provided within the EU (including by UK-based businesses), as we explore later in this briefing, businesses operating exclusively in the UK market also cannot afford to be complacent about accessibility.

1 What's the EAA's scope?

The products and services that fall within the scope of the EAA include:

• Consumer general purpose computer hardware and their operating systems (i.e. laptops and tablets)
  
  
• Self-service terminals e.g. ATMs, payment machines in shops and self-service kiosk checkouts
  
  
• Ticketing, check-in and information provision devices dedicated to providing in-scope services (but not information provision functionality integrated into vehicles, aircrafts, ships or rolling stock)
  
  
• Smartphones, smart TVs, game consoles and other communications devices
  
  
• E-readers
  
  
• E-commerce services  (i.e. buying and selling products and services online via a website or mobile application)
  
  
• Consumer banking services (for more information about which, please see our briefing  here)
  
  
• Electronic communications services, other than certain machine-to-machine transmission services
  
  
• Services providing access to audiovisual media services e.g. through websites, online and downloadable applications, mobile-device based services, media players and television services
  
  
• Certain elements of air, bus, rail and waterborne passenger transport services, including websites, mobile apps, electronic tickets and electronic ticketing services, and certain interactive self-service terminals 
  
  
• E-books  and dedicated software relating to e-books

2 What are the accessibility requirements?

The EAA sets out minimum requirements and Member States have the option to adopt additional requirements, including additional products and services, so it is important for businesses to stay on top of national implementing measures in the territories in which they operate.  The European Commission has a  tracker of national laws, which transpose the EAA requirements.

Annex 1 to the EAA sets out general accessibility requirements for in-scope products and services.  Just by way of example:

• Products must be designed and produced in a way that maximises their foreseeable use by people with disabilities.
  
  
• Products and services must generally be provided with information about the use of the product/service, and such information must be understandable, made available via more than one sensory channel, and clearly presented.
  
  
• Products must contain features, elements and functions that allow people with disabilities to use, understand and control the product. For example:
  
  
  • where the product uses speech, there must be alternatives to speech input for control.
  • where the product uses visual elements, it must provide for flexible magnification, brightness and contrast.

The EAA also sets out specific additional requirements for certain products and services.

Annex 2 to the EAA then sets out indicative examples of solutions to meet the accessibility requirements.  For example: 

• Use the same words in a consistent manner, or in a clear and logical structure, so that people with intellectual disabilities can better understand.
  
  
• Include subtitles when a video with instructions is provided.
  
  
• Avoid flickering images, so that people who have seizures are not at risk.

The obligations under the EAA depend on whether a business is classified as a manufacturer, importer, or distributor. Businesses should be aware, however, that even if they would typically be considered distributors of an in-scope product - because they did not manufacture it - the inclusion of their trade mark or name may trigger the obligations imposed on manufacturers under the EAA. Take self-service kiosks bearing a retailer's brand for example. That retailer assumes a manufacturer's responsibility to ensure those kiosks provide (for example) for text-to-speech technology and for the use of personal headsets etc..

3 Are there any exemptions?

There are some exclusions:

• 5-year transition period until 28 June 2030 for products used prior to 28 June 2025 in the provision of a service (unless they are replaced within that period). 
  
  
• Existing self-service terminals may be used until the end of their lifespan (maximum 20 years).
  
  
• Microenterprises  with fewer than ten employees and under €2 million turnover are exempt from some requirements.
  
  
• Disproportionate burden.   If meeting the requirements would fundamentally alter the product or service or place a disproportionate burden on the provider, a narrowly drawn exemption may be available - provided this is documented and notified to competent authorities.

4 What are the consequences of non-compliance?

Penalties are determined at the Member State level, but can include significant fines and, in the most extreme cases, withdrawal of non-compliant products and services and personal liability for company officers.  Non-compliant businesses also face reputational risk and potential legal action from consumers or consumer bodies.

5 What about businesses operating in the UK?

The UK government has not provided any indication that EAA-equivalent legislation will be introduced in the UK. There is perhaps more flexibility in the UK than in the EU for businesses to be innovative about how they address accessibility needs because accessibility requirements in the UK are less prescriptive.  However, UK businesses are still required to comply with the Equality Act 2010 which aims to protect people with certain protected characteristics from direct and indirect discrimination, victimisation and harassment. Under the Equality Act, businesses are required to: (i) make reasonable adjustments to ensure disabled individuals have equal access to its services, including websites and mobile apps; and (ii) address any substantial disadvantage faced by disabled users.  It is also possible that an EAA-compliant standard may become the market norm, even in the UK, once the EAA takes effect, therefore businesses operating in the UK should be on the front foot with ensuring the products and services they provide are accessible. 

6 What now?

Complex user interfaces, diverse user needs, constantly evolving technology, extensive design and marketing processes, reliance on manufacturers and suppliers, logistical and operational constraints – implementing accessibility standards is not always straightforward and nor is it a one-time fix. Taking steps to demonstrate that proactive measures are being implemented to uphold accessibility standards is imperative.

• If your business is still catching up, do not delay in mapping all products and services in scope for the EAA to assess current compliance and address any gaps.  This also means staying abreast of relevant national laws implementing the EAA.
  
  
• Document exemptions. If the business is relying on exemptions, ensure robust documentation and notification procedures are in place.
  
  
• Check supply chain compliance.  Reliance on suppliers of in-scope hardware, software, and services means that you need to ensure they fully understand their ongoing obligations under the EAA.  Assess your contracts accordingly and consider obtaining guarantees, or other protections, from suppliers of in-scope products and services.
  
  
• Regular accessibility testing.  Periodic user testing can help identify where adaptations are needed and demonstrate compliance with regulatory expectations.
  
  
• Internal, ongoing training. Ensure staff are aware of accessibility requirements and their practical application.
  
  
• Accessibility statement. Develop and publish a clear statement on your company's approach to EAA compliance and accessibility, available in accessible formats.

To conclude on a positive note, embracing accessibility offers businesses the chance to reach a broader and more diverse audience, strengthen their reputation, and foster greater customer loyalty and trust.

This briefing was prepared with the assistance of Jade Wheeldon-Scully, trainee.

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.