European Accessibility Act: What does this mean for your organisation?

Dear customer,

We would like to inform you about an important development that may impact your organisation: the European Accessibility Act (EAA), adopted as Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services. This legislation is now in force throughout the European Union and marks a significant milestone in creating a more inclusive digital society in Europe.

What is the EAA?

The EAA is a groundbreaking EU law aimed at removing barriers in the digital single market for people with disabilities and the elderly. For the first time, accessibility obligations are imposed not only on public institutions but also on the private sector. This means that companies must actively ensure that in-scope products and services are accessible - not only to prevent discrimination but also to promote the inclusion of persons with disabilities.

In Belgium, the EAA has been implemented through various laws and decrees, including amendments to the Code of Economic Law and the Electronic Communications Act.

Who must comply with the EAA?

The EAA applies to all market participants selling products and services in the EU. This includes manufacturers, authorised representatives, importers, distributors, and retailers. Companies outside the EU may also fall under the EAA if they offer products or services to EU consumers. Even if your products are exclusively B2B, the EAA may apply if your services are used by the public or by employees in public functions.

Exemptions and exceptions:

A company may be exempt if complying with certain accessibility requirements would require a fundamental alteration of a product or service, or would impose a disproportionate burden. Both the organisational or financial burden on the company and the likely resulting benefit for persons with disabilities should be taken into account when assessing disproportionate burden. It is essential that companies document and retain their assessment; the assessment is valid for five years or until the product or service changes.

Micro-enterprises are exempt from the EAA until 28 June 2030. This means that many self-employed individuals and small SMEs are not yet required to comply.

Which products and services are covered by the EAA?

The EAA covers a range of products and services that are considered vital for people with disabilities, particularly in areas where accessibility standards differ significantly across EU countries.

One major category is e-commerce services. This includes any digital platform offering goods or services for sale to consumers in the EU.

Beyond e-commerce, the EAA also applies to the following:

• Personal computers and operating systems
• Mobile phones and tablets
• ATMs, payment terminals, ticket machines, and check-in kiosks
• Equipment used for digital television services
• Telecommunication services and their related hardware
• Audiovisual content and devices, including TV broadcasting
• Passenger transport services (air, rail, bus, and boat), including live travel updates
• Online banking platforms
• E-books and electronic reading devices

Importantly, the EAA does not only concern the core functionality of these products and services—it also extends to the full user experience. This includes things like product packaging, user guides, and labelling.

Accessibility requirements for products and services

The key objective of the EAA is to improve the accessibility of e-commerce and other relevant products and services. The EAA emphasizes that products and services must be either designed from the outset or adapted later to meet the specific needs of individuals with disabilities.

To achieve this, the EAA introduces mandatory functional accessibility standards, with both general requirements that apply across all products and services in scope, and additional requirements tailored to specific products or services, such as e-commerce services. These standards are detailed in Annex I of the EAA.

The general requirements encompass various aspects such as: (i) the methods for delivering information, support services, and other relevant details to users; (ii) the design and usability of the user interface; (iii) the operational efficiency of the services; and (iv) the suitability and accessibility of websites, mobile applications, and associated digital platforms. For example, fonts should be adequately sized and shaped, non-text content should be supplemented with alternative text descriptions, and websites and apps should be compatible with assistive technologies.

Meeting the EAA’s requirements can be complex. However, if your products or services comply with harmonised standards published in the EU’s Official Journal, they are presumed to meet the EAA’s accessibility requirements. One such harmonised standard that is particularly relevant for e-commerce websites is EN301 549. If you design your website according to EN 301 549, you will normally meet the EAA’s accessibility requirements. Note that this standard is currently under review, but no major changes are expected.

What can you do now?

We recommend that you assess your products and services for their applicability under the EAA and evaluate your current level of accessibility. If you believe you may qualify for an exemption, ensure that your assessment is thoroughly documented. To support your organization’s journey toward compliance with the EAA, here are some practical steps you can take:

• Ensure your website works seamlessly with screen readers.  This means all textual content, buttons, and links should be properly announced. Consider adding a ‘read aloud’ button on your website, allowing visitors to activate a computer voice that reads the page content.
• Implement buttons that allow users to increase or decrease font size without breaking the layout. Additionally, offer a high-contrast or dark mode option so users with visual impairments can read content more easily.
• Offer support channels that are accessible to people with disabilities, such as live chat compatible with screen readers, video relay services for sign language users, and easy-to-read instructions. 
• Ensure all digital documents (such as manuals, product information, invoices) are accessible, for example by adding tags, alt texts, and a logical reading order.
• Allow users to pause, stop, or hide moving or flashing elements to prevent overstimulation or epileptic seizures. 
• Have your website tested by people with various disabilities to identify and address the most significant barriers. 
• Ensure your statement meets the requirements set out in Annex V of the EAA, describing your accessibility efforts and future plans, identifying the parts that are not yet fully accessible, and how users can contact you if they encounter problems.

Do you have questions, or would you like more information about the impact of the EAA on your organization? Please feel free to contact us.