European Accessibility Act: what you need to know

A wide range of products and services provided in the EU are now required to comply with the new accessibility requirements set by the European Accessibility Act (EAA). The directive sets the minimum mandatory accessibility requirements for how certain goods and services must be designed and delivered, impacting both public and private sector organisations. Importantly, the EAA has extra-territorial reach, meaning organisations based outside the EU must also comply if they offer in-scope products or services to consumers based in the EU.

Member States were required to implement the directive into national law by 28 June 2022, and those national laws were required to come into force from 28 June 2025. As Member States are required to implement national laws to give effect to the EAA, it is possible that the compliance obligations may vary between jurisdictions. This adds complexity, as organisations are therefore required to comply with the specific implementing Member State laws that apply to their product or service.

The EAA does not set out specific enforcement measures or sanctions, but instead requires Member States to ensure that adequate and effective means are put in place to ensure compliance with national law. While the enforcement landscape remains uncertain, it is clear that the potential consequences of non-compliance are significant – ranging from fines and product bans to market withdrawals and actions brought by regulators, consumer groups, or competitors.

With the EAA now in force, organisations should assess how the EAA applies to them and ensure they are meeting the relevant requirements. Ongoing compliance efforts will be essential, particularly as enforcement practices evolve across Member States.

Who and what does the EAA apply to?

The EAA covers specific products and services widely used in everyday life. Due to its broad scope, many organisations – especially those operating online – are likely to be affected.

For products, the EAA applies to an exhaustive list of commonly used consumer items, including consumer computer hardware systems, self-service terminals, consumer terminal equipment, and e-readers. Obligations extend throughout the entire supply chain, covering manufacturers, authorised representatives, importers, and distributors. This applies even if an organisation is based outside the EU, provided the products or services it sells are placed on the EU market.

The EAA also applies to certain services, including electronic communications services, services providing access to audiovisual media services, certain elements of passenger transport services, consumer banking services, e-books and dedicated software, and e-commerce services.

The definition of "e-commerce services" remains somewhat ambiguous but is likely to be interpreted broadly. It is defined as “services provided at a distance, through websites and mobile device-based services by electronic means and at the individual request of a consumer with a view to concluding a consumer contract”. This broad definition will mean that the requirements of the EAA are likely to apply to the online sale of any product or service by a public or private organisation, and it is therefore likely to be a "catch-all" for many organisations with an online commercial presence.

Finally, it is worth noting that there are two narrow exemptions to complying with the EAA:

• First, if an organisation employs fewer than ten individuals and has an annual turnover not exceeding €2 million, the organisation would not be required to comply with the EAA requirements – although compliance for these microenterprises is not required, it is still encouraged.
• Second, the accessibility requirements also only apply to the extent that compliance: (i) does not require a significant change in a product or service that results in the fundamental alteration of its basic nature; and (ii) does not result in the imposition of a disproportionate burden on the economic operators concerned. Our understanding is that this exception will only apply in exceptional cases and will be interpreted narrowly.

What do organisations need to do to comply?

The EAA requires Member States to ensure that organisations only place in-scope products on the market and only provide in-scope services that comply with the accessibility requirements outlined in Annex I of the EAA. At a high level, Annex I outlines general accessibility obligations that apply to in-scope products and services as well as additional specific obligations for certain products and services.

By way of example, the general accessibility obligations relating to in-scope services are outlined in Section III of Annex I, and include:

• ensuring any products used in the provision of the service meet the accessibility requirements;
• providing clear, accessible information about the functioning of the service and any products used in the provision of the services;
• making websites, apps, and digital platforms accessible in a consistent and adequate way by making them perceivable, operable, understandable, and robust – these are the same principles outlined in the in the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG); and
• providing accessible support services, such as call centres, help desks and technical support where available.

Additional accessibility requirements also apply to specific products and services. For example, providers of "e-commerce services" are required to: (i) share with consumers information about the accessibility of products and services being sold where such information is available; and (ii) ensure that key transactional functions – such as identification, security, and payment – are fully accessible by making it perceivable, operable, understandable, and robust.

Finally, the EAA also creates different specific compliance requirements for the different entities in the relevant product or service supply chain. For providers of "e-commerce services", organisations will be "service providers" who are required to: (i) ensure that they design and provide services in accordance with the accessibility requirements of the EAA; and (ii) provide information in the general terms and conditions (or equivalent document) which explains how the services meet the applicable accessibility requirements.

As you will note, the EAA only sets out fairly broad principle-based requirements for compliance – the actual detailed steps required to comply with the new rules will likely be technical and very product- and service-specific.

What should organisations do now?

As noted above, the exact obligations that apply will depend on the product or service in question, the organisation’s role in the supply chain, and the applicable Member State laws that have implemented the EAA. With this in mind, it is important that as a preliminary first step, organisations assess and identify: (i) whether they sell any in-scope products and services; (ii) whether those products or services are sold to consumers based in the EU; and (iii) the application of national laws applicable to that specific EU jurisdiction.

Once that initial assessment has been completed, organisations should assess their role in the supply chain and carefully consider whether any changes are required to the product or service in order to meet the new accessibility requirements. This will require technical support and careful consideration and analysis of the applicable accessibility requirements and the exemptions outlined in the EAA.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, July 2025