What is it called?
The European Accessibility Act (“EAA”) introduces new requirements in respect of accessibility for products and services. It aims to benefit those with disabilities or other functional impairments and sets out a framework of high-level accessibility requirements.
These requirements will be implemented by Member States at a national level and supplemented by harmonised technical standards, or implementing acts establishing technical specifications in the absence of technical standards. Where applicable to products, these requirements will be part of the CE marking regime – so manufacturers need to be ready to understand and implement any required changes.
What is being proposed?
The focus of the EAA accessibility requirements is on the ways in which consumers interact with technology, to ensure that it remains accessible to all; for example, by requiring more than one sensory channel for communicating with some products and services.
The EAA applies to products and services from 28 June 2025. There are a small number of additional transition periods for certain service providers, but these are limited and so 28 June 2025 will be the relevant date for most businesses.
Who and what will it apply to?
The EAA accessibility requirements will apply to the following products and services, setting out requirements for manufacturers, importers, authorised representatives and service providers, including online marketplaces. The scope includes:
- Products, including computer hardware systems (such as notebooks, smartphones and tablets) and their operating systems (including free standing software operating systems), self-service terminals, consumer equipment used for accessing (as opposed to only creating) audio-visual media services (such as TV broadcasts and on-demand services), consumer equipment for the provision of electronic communication services and e-readers. The EAA brings accessibility requirements, where they apply to a product, within the scope of the CE marking regime and creates additional requirements for the packaging and information and warnings provided with such products.
- Services, including electronic communication services and those providing access to audio-visual media services and e-books
- E-commerce, including online marketplaces and other types of online retail.
There are specific provisions for particular products and services such as e-books and e-readers, e-commerce services, products used for accessing audiovisual media services and for electronic communication services. Moreover, the EAA contains a mechanism for bringing more products and services within scope in the future, so it would be worth having regard to the principles set out in the EAA at a design and development stage of a wide range of consumer technology products and services.
What are the requirements?
Products and services (including e-commerce) must comply with the requirements set out in Annex I of the EAA. These include, for example:
- Products: labelling, written instructions and warnings for products must be made available via more than one sensory channel and presented in an understandable and perceivable way, and in fonts of adequate size and suitable shape. User interface and functionality must allow persons with disabilities to use the product effectively, including by ensuring that: (i) communicating, operating and controlling the device can be done by more than one sensory channel; (ii) where speech, colour or audible signals are used to convey information, alternatives must be provided; (iii) where manual actions are required, at least one mode of operation must not require fine motor skills; and (iv) the product must have software and hardware for interfacing with the assistive technologies.
- All services (including e-commerce services): must provide information about the functioning of the service in an accessible way. This includes requirements, amongst other things, to make this information available via more than one sensory channel and present it in an understandable and perceivable way, in fonts of adequate size and suitable shape. There are also requirements to supplement any non-textual content (e.g. how to videos) with an alternative presentation of that content.
- E-commerce services: must additionally (1) provide information through their platforms about the accessibility of the products and services being sold when this information is provided by the responsible economic operator; (2) ensure accessibility of their systems for identification, security and payment by making these perceivable, operable, understandable and robust; (3) provide identification methods, electronic signatures, and payment services which are perceivable, operable, understandable and robust; and (4)
- Support services (including help desks, call centres and training services) must provide information on the accessibility of the product /service and its compatibility with assistive technologies, in accessible modes of communication.
The requirements in Annex I are supplemented by Annex II, which sets out “indicative non-binding examples of possible solutions” for meeting the accessibility requirements. Although these examples are helpful, there remains considerable scope for further clarification through forthcoming standards and guidance in order for businesses to understand what they need to implement in practice. For this reason, we are continuing to monitor the development of guidance and standards to assist stakeholders with the implementation of EAA compliant procedures. Please reach out if you require further information about the current status of this process.
Are there any exemptions?
The EAA’s accessibility requirements will only apply to the extent that they: (i) do not introduce a significant change in a product or service that results in the fundamental alteration of its basic nature, and (ii) do not impose a disproportionate burden on the economic operators concerned. This means that if either (i) or (ii) apply, the product or service will be exempt from the EAA’s accessibility requirements.
The EAA does not define what constitutes a “significant change” in respect of the “fundamental alteration” exemption, but it does provide a list of factors (in Annex VI) for determining if the “disproportionate burden” exemption applies. These factors broadly concern comparing the costs to the economic operator to ensure compliance with the EAA against the benefit to persons with disabilities, as well as assessing such costs both as a proportion of funds used in connection with the product or service and as a proportion of the operator’s net turnover. Assessing whether exemptions (i) or (ii) apply will become easier once harmonised standards and guidance has been developed during the course of the transition period.
Why does it matter?
The EAA is a landmark move towards improving the accessibility of products (including software products in the form of free standing operating systems) and services. Manufacturers and service providers should be looking at the new provisions, understanding the extent to which they will apply to their products and services, getting ready to understand the harmonized standards or implementing acts (once published) and ensuring they are in a position to comply when the new rules start to apply.
Where can I find it?
You can find the EAA here: https://eur-lex.europa.eu/eli/dir/2019/882/oj
Further information can be found here: https://ec.europa.eu/social/main.jsp?catId=1202
