The Ultimate Guide to Compliance with The European Accessibility Act (EAA)

Over 80 million people in the 27 member states of the European Union live with some form of disability. This number is expected to increase due to an aging population, as elderly individuals are more likely to experience disabilities.

The EU’s Charter of Fundamental Rights recognizes the rights of people with disabilities to benefit from measures that ensure their independence, social integration, and active participation in society.

In the past, varying accessibility legislation across EU member states led to inconsistent standards, creating accessibility challenges rather than solving them. Recognizing this, the European Parliament and the Council of the European Union introduced the European Accessibility Act (EAA) in 2019 to standardize accessibility requirements across the EU.

The EAA sets minimum accessibility standards for products and services across the European Union (EU), including digital products like smartphones, tablets, ATMs, and e-books. By replacing country-specific laws with uniform requirements, the EAA seeks to remove accessibility barriers caused by conflicting national standards.

However, as a directive, the EAA allows EU member states flexibility in how they choose to implement these standards, as long as they meet the minimum requirements.

The Aims of The European Accessibility Act

The EAA has several core objectives aimed at improving accessibility across the EU:

• Harmonizing Accessibility Requirements: The EAA aims to eliminate inconsistencies across member states, ensuring that products and services meet a single set of accessibility requirements.
• Increasing Market Competition and Innovation: By establishing consistent standards, the EAA makes it easier for companies to enter new markets, which should increase competition and drive down prices for accessible products.
• Creating Jobs in the Accessibility Sector: With increased demand for accessible products, the EAA is expected to boost job creation in the accessibility field, including roles in design, development, and compliance.

The EAA is expected to have a positive impact on the availability of accessible products and services across Europe, benefiting both consumers and businesses.

What Are the EU Web Accessibility Laws?

The EU Web Accessibility Directive which took effect on December 22, 2016, was the first EU-wide mandate for digital accessibility. It introduced harmonized standards for websites and mobile applications, primarily for public sector organizations.

The directive references the EN 301-549 standard, developed by the European Committee for Standardization (CEN), the European Committee for Electrotechnical Standardization (CENELEC), and the European Telecommunications Standards Institute (ETSI).

This standard outlines accessibility requirements for ICT products and services based on WCAG 2.1 Level AA standards, as a functional accessibility benchmark. The directive set a legal precedent for accessibility compliance and laid the groundwork for the more extensive EAA.

In June 2019, the European Accessibility Act was adopted as a complementary measure to the Web Accessibility Directive, with a broader scope that includes certain private sector services. EU member states were required to implement the EAA by the end of June 2022 and are expected to apply these requirements to products and services by June 2025.

What Does the EAA Cover?

The EAA applies to a wide range of digital products and services, specifically those deemed essential for people with disabilities. Key sectors covered include:

• Computers and operating systems
• ATMs, ticketing machines, and check-in machines
• Smartphones
• TV equipment related to digital television services
• Telephony services and related equipment
• Access to audio-visual media services, including television broadcasts
• Services related to air, bus, rail, and waterborne passenger transport
• Banking services
• E-books

Who Should Comply?

Unlike previous accessibility legislation, which mostly applied to public-sector organizations, the EAA will also apply to private companies.

Additionally, foreign-based companies (e.g., Amazon) must comply with the Act if they sell relevant products or services within the EU (e.g., Kindle e-books sold in EU countries).

Penalty for Non-compliance

Violations of the European Accessibility Act will be penalized under national laws, though penalties will vary by member state. Experts anticipate that member states may impose fines for non-compliance.

Exceptions to the EAA

The directive does not apply to ‘microenterprises’—companies with fewer than ten employees and an annual turnover of less than €2 million.

The EAA and WCAG 2.0/2.1 Compliance

In accordance with the EU Web Accessibility Directive, specific guidelines exist for making websites and apps accessible, namely the Web Content Accessibility Guidelines (WCAG).

Across Europe, public sector organizations must ensure their websites and mobile applications are perceptible, operable, understandable, and robust, thanks to the EU Web Accessibility Directive.

The EAA builds on the EU Web Accessibility Directive. Since the Directive references WCAG 2.0, it is safe to assume that if your website is compliant with WCAG standards, you are in compliance with the law.

Final Thoughts

In multiple sectors, the EAA defines accessibility as an overarching requirement and establishes accessibility functional requirements.

While the EAA does not meet the original goal of a comprehensive, cross-sector act, it is a significant step forward. It sets minimum requirements for businesses to make products and services accessible to people with disabilities, thereby enhancing inclusion across the EU.