As the European Accessibility Act (EAA) approaches its implementation deadline of June 28, 2025, businesses across the EU and beyond are gearing up to meet its requirements. This comprehensive piece of legislation aims to enhance accessibility for people with disabilities by setting clear standards for products and services. Below, we address 20 key questions about the EAA, focusing on how businesses can prepare, particularly through website accessibility remediation.
1. What is the EAA?
The European Accessibility Act (EAA) is a directive from the European Union designed to improve accessibility for individuals with disabilities. It mandates that products and services across the EU meet specific accessibility standards to ensure equal access. This directive will be incorporated into national laws of all 27 EU Member States and will take effect on June 28, 2025.
2. Are there any exceptions to the EAA?
Yes, microenterprises are exempt from the EAA. A microenterprise is defined as a business with fewer than 10 employees and/or an annual turnover or balance sheet total of less than €2 million.
3. What is the “disproportionate burden” clause?
The “disproportionate burden” clause allows organizations to avoid compliance if the cost of making their services accessible is deemed excessively high. Organizations must assess the ratio of compliance costs to their overall costs, and document this assessment. They must report their findings to national authorities, who may review and investigate the claim.
4. Who decides if it’s a “disproportionate burden”?
The economic operator, or the organization responsible for the service or product, must assess whether the burden is disproportionate and document this assessment. National authorities will review the documentation and may conduct further investigations. Non-compliance must be reported, or the organization risks potential penalties.
5. Do “new products” include newly released software updates?
Yes, new software updates are included under the EAA’s definition of new products. Continuous development and updates could introduce new accessibility issues, which need to be addressed according to the EAA. Compliance with accessibility standards must be maintained with every change, as per the Web Content Accessibility Guidelines (WCAG).
6. Is landscape mode required under the EAA for mobile apps?
The EAA adheres to the POUR principles (Perceivable, Operable, Understandable, Robust), which are also reflected in WCAG and EN 301 549 standards. Although the EAA does not explicitly mandate landscape mode, ensuring that applications are operable and perceivable in various orientations supports overall accessibility.
7. Will there be leniency if an organization is working towards compliance but isn’t fully compliant by June 28, 2025?
While some leniency may be expected initially, it’s crucial not to rely on it. The best approach is to strive for full compliance before the deadline. Regulators may recognize genuine efforts, but partial compliance could still lead to complaints and operational challenges. Ensuring comprehensive accessibility ahead of time minimizes future risks.
8. Do B2C websites with contact forms or support areas need to be compliant?
Yes, even if a B2C website does not include e-commerce functionality, it must be accessible. The EAA covers all digital services, including contact forms and support areas. Ensuring full accessibility across your site is more efficient than partial compliance, as the goal is to remove barriers for all users.
9. Does EN 301 549 apply to online video games?
Yes, EN 301 549, which aligns with the EAA, applies to all digital products and services, including online video games. This standard is part of the broader accessibility requirements for software and digital content.
10. Is the responsibility for compliance with the EAA on the agency delivering a product or the client?
Legally, the responsibility for EAA compliance falls on the economic operator, which is often the client rather than the agency. However, it is crucial for contracts between clients and agencies to specify compliance requirements to ensure that delivered products meet accessibility standards.
11. Are there specific requirements for accessibility statements under the EAA?
While the EAA itself does not mandate specific formats for accessibility statements, EU Member States may develop their own regulations. Businesses may need to tailor their statements to meet varying national requirements.
12. When do US businesses need to comply?
US businesses that provide products or services to EU consumers must comply with the EAA by June 28, 2025. This applies to any business operations targeting the EU market, including retail websites and devices sold within the EU.
13. Does continuous development of a product exempt it from compliance?
No, continuous development does not exempt a product from compliance. Regular updates and feature additions mean that accessibility needs to be maintained continuously. The five-year exception does not apply to products undergoing agile development.
14. Does the EAA apply to internal business systems or B2B systems?
The EAA primarily applies to products and services offered to the public within the EU, not internal or B2B systems. However, if an internal system also serves external users, it must comply with the EAA.
15. Are accessibility overlays acceptable under the EAA?
Accessibility overlays alone are not sufficient for EAA compliance. The European Commission has stated that automated tools cannot address all accessibility criteria. Manual intervention is required to ensure full compliance.
16. How do EAA requirements compare to WCAG 2.1-2.2?
The EAA currently references WCAG 2.1 AA, but future updates may align with WCAG 2.2 AA. Compliance with WCAG 2.1 ensures adherence to many of the EAA’s accessibility standards.
17. Are EU Member States responsible for managing compliance assessments?
Yes, EU Member States are responsible for conducting regular compliance checks, reviewing complaints, and enforcing regulations related to the EAA.
18. What constitutes a “violation” of the EAA?
A violation occurs when an organization fails to meet specific accessibility obligations outlined in Annex I of the EAA, such as ensuring information is available through multiple sensory channels.
19. What if a microbusiness with a limited budget doesn’t focus on accessibility?
Microbusinesses are exempt from the EAA, but they should still aim to ensure accessibility. EU Member States may provide guidance for small businesses on maintaining accessibility.
20. What defines an agreement between a consumer and a business under the EAA?
The term “service” under the EAA includes both paid and free offerings, such as apps, blogs, and online reservation services. Accessibility requirements apply regardless of whether a service involves financial transactions.
Conclusion
Navigating the European Accessibility Act (EAA) requires a clear understanding of its requirements and implications for website accessibility remediation. As the deadline approaches, businesses must prepare to ensure full compliance, addressing all aspects of accessibility to provide equal access for all users.
