Is your business prepared for the European Accessibility Act?

With the compliance deadline for the EAA of 28 June 2025 rapidly approaching, organisations and businesses operating within the EU, including UK businesses in many cases, must take proactive measures to align with the requirements set out within the Act.

It is important for UK businesses to be aware that while the EAA directly applies to EU member states, it impacts UK-based businesses selling in the EU market. 

The EAA covers a wide range of products and services that have been identified as most important for individuals with disabilities:

• products include payment terminals, ATMs, ticketing machines, smartphones, computers, and e-readers
• services include electronic communications, audio-visual media services, transportation, banking, e-books, and e-commerce

The EAA is far reaching and there will be many different types of business that will have to ensure compliance. 

While it might not be obvious if your business is impacted, a proper review of the products and services your business provides will be necessary to avoid sanctions (see below).  

• 28 June 2025 - general compliance deadline for most products and services
• 28 June 2030 - extended deadline for transport services and services not previously covered by accessibility legislation

EU member states may grant additional extensions of up to two years for specific obligations.

By the relevant deadline, all businesses in scope must:

1. design and provide services according to EAA accessibility requirements
2. prepare a publicly available accessibility statement in written and oral formats
3. implement procedures to maintain ongoing compliance
4. cooperate with national compliance authorities

There are some businesses that are exempt from the EAA, including:

• microenterprises: organisations with fewer than 10 employees and annual turnover below €2 million are exempt from service requirements (though not product requirements)
• Disproportionate burden: exemptions may be granted if compliance would impose disproportionate burden or require fundamental alterations, though this must be documented and regularly reviewed

Applying such exemptions will have to be carefully considered and applied in order to avoid sanction. 

Each EU Member State’s designated national authorities will be responsible for monitoring and enforcing compliance with the EAA, including through the following procedures:

• performing compliance checks on services and market surveillance of products
• following up on any consumer complaints or reports of non-compliance
• ensuring non-compliant businesses have taken necessary corrective actions

While the EAA itself does not set out specific enforcement measures or sanctions, the relevant authorities in each of the Member States will be responsible for enforcing corrective actions and imposing any other enforcement mechanisms deemed appropriate. This is likely to include fines, product withdrawals or bans, and perhaps most crucially, trading restrictions. 

Businesses that might be impacted by the EAA should take proactive steps as soon as possible to ensure that their products and/or services are compliant to avoid potentially significant business harm.

With the deadline approaching, businesses should:

1. assess which aspects of their operations fall within the EAA's scope
2. identify relevant EU countries and any additional local requirements
3. conduct a gap analysis against current accessibility capabilities
4. develop a compliance plan involving key business function
5. update internal policies and train appropriate staff
6. review vendor/supplier contracts to ensure responsibility is appropriately allocated
7. prepare required public facing documentation
8. monitor regulatory developments in applicable EU countries

By taking proactive steps now, businesses can ensure compliance while tapping into new market opportunities through greater digital inclusion. Both comprehensive legal advice and practical guidance to help maintain accessible digital services, websites and apps will be needed to avoid falling foul of any penalties under the EAA. 

We are proud to be collaborating with charity, AbilityNet. If you need EAA advice please get in contact with our team, who can provide focused, technical legal advice and a framework for legal compliance with the EAA. AbilityNet will perfectly complement this by offering the practical application and implementation strategy for businesses to follow. Together we offer your business a seamless ‘one-stop-shop’ of advice and support to help you meet your immediate and ongoing EAA requirements. 

To find out more please contact Lui Asquith.

Lui Asquith is an associate in the regulation and public law team, advising both claimants and defendants on all aspects of public law and regulatory matters, with a focus on judicial review. They have a particular interest in public interest litigation including cases touching on issues concerning human rights law, government policies and environmental justice, as well as judicial reviews and discrimination claims.