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The European Accessibility Act (EAA)
What is the purpose of the EAA?
The EAA is an EU measure designed to make a range of products and services more accessible to individuals with disabilities. It expands on previous EU law creating digital accessibility obligations for public sector bodies and creates EU-wide requirements for private sector bodies for the first time. The EAA is a Directive (No. 2019/882) and Member States are required to pass their own national laws to bring it into effect.
Key provisions
The EAA covers a wide array of products and services, including:
- computers and operating systems
- internet-enabled mobile phones
- TV equipment and related broadcasting services
- online banking
- e-books and e-reader technologies
- e-commerce websites and apps
- ATMs, ticketing and check-in machines.
The EAA sets out the aspects of in-scope goods and services that must be made accessible and what accessibility features must be supported. Examples include ensuring compatibility with screen reader technology for e-books and facilitating subtitles, text descriptions, and closed captioning for audiovisual content. The EAA also prescribes that help features and functionality must be accessible and available through more than one medium - eg through text chat as well as verbal communication.
To avoid quickly being out of date, the EAA does not prescribe compliance with specific technical standards but compliance with the Web Content Accessibility Guidelines (WCAG) web accessibility standards will be a necessary, if not sufficient, factor in most organisations’ compliance efforts.
Where will the EAA apply?
The EAA will apply to businesses that sell goods and services in the EU regardless of where they are located. Many UK businesses will be required to meet the EAA’s requirements to serve customers in the EU.
Who will have obligations under the EAA?
Organisations with at least ten staff and a turnover above EUR2 million that sell relevant goods or services to consumers based within the EU.
Are there sanctions for non-compliance?
Yes. Member States must each appoint a regulator to monitor compliance and those regulators can issue fines. The fine value is set by Member States and will depend on the size of the organisation. Ireland’s recently passed legislation threatens prison sentences for serious and persistent non-compliance.
The EAA also requires Member States to facilitate a private right of action that would allow civil claims to be brought by individuals or advocacy groups representing people with disabilities.
Key dates and deadlines
- 28 June 2024 – the EAA came into force across EU Member States and applies to goods and services placed on the EU market from this date onwards.
- 28 June 2030 – the EAA applies to all goods and services regardless of when they were placed on the EU market.
