The European Accessibility Act (EAA), adopted in 2019 is a critical legislative measure designed to ensure that all citizens, including those with disabilities, can access digital services and products. This legislative framework is part of the EU's broader strategy to promote accessibility and inclusion, aligning with the principles of the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD).

Whom does the EAA Apply to?

The EAA applies to a broader range of products and services compared to previous regulations. Any business that trades in the EU is generally covered under EAA. Here's a breakdown of who needs to comply:

  1. Public Sector Bodies: Government websites and digital services.
  2. Private Sector Companies: Particularly those providing essential services such as banking, transportation, telecommunications, and e-commerce.
  3. Manufacturers and Service Providers: Companies that produce or distribute digital products and services, including software, apps, and hardware.
  4. Educational Institutions: Universities and schools must make their digital platforms accessible to all students, including those with disabilities.
  5. Health Services: Online health services, including appointment booking systems and patient portals.
  6. Headquarters: Companies headquartered based outside the EU must comply with the Act if they sell relevant goods or services within the EU.
  7. Staff count > 10: Any business with at least 10 staff and a turnover above €2 million.

Below are the products and services that must be accessible to all citizens under the EAA.

Products:
- Computers and operating systems
- E-readers
- Ticketing and check-in machines
- ATMs and payment terminals (including card payment machines in supermarkets)
- Smartphones and communication devices
- TV equipment

Services:
- Phone services
- Banking services
- E-commerce
- Websites, mobile services, electronic tickets, and all sources of transport service user information
- E-books
- Calls to the European emergency line 112
- Audio-visual media services (AVMS)

Exceptions to EAA Compliance

The European Accessibility Act (EAA) provides some exceptions to ensure its practical implementation.

  1. Microenterprises: Microenterprises are defined as companies with fewer than 10 employees and an annual turnover of less than €2 million.
  2. Undue Burden: An "undue burden" is a situation where achieving compliance would fundamentally alter the nature of a product or service, resulting in disproportionate costs. In cases where compliance would impose an undue burden, companies can seek exemptions. However, this requires a thorough assessment and justification.
  3. Existing Products and Services: Products and services placed on the market or contracts entered into before the EAA's compliance deadline (June 28, 2025) have a five-year transition period. These existing products and services must become compliant by June 28, 2030.
  4. National Implementations: Individual EU member states may have additional exceptions or clarifications within their national laws.

Benefits of EAA Compliance

Beyond legal compliance, there are numerous benefits for organizations that prioritize web accessibility:

  • Increased Market Reach: A significant portion of the European population has disabilities. Accessibility opens doors to a wider customer base.
  • Enhanced Brand Reputation: Demonstrating a commitment to accessibility strengthens your brand image and fosters trust with customers.
  • Improved SEO: Accessible websites often rank higher in search engine results, leading to increased online visibility.
  • Positive User Experience: Making your website accessible benefits everyone, not just users with disabilities.

What is the EAA's Web Accessibility Criteria?

While the EAA doesn't define specific technical standards, it references the EN 301 549 standard. In year 2015, the first version of EN 301549 was released providing details for accessibility for the private sector. The latest version of EN 301 549 released in 2021 in turn adopts the internationally recognized Web Content Accessibility Guidelines (WCAG) 2.1. WCAG provides a set of internationally recognized guidelines for making web content accessible to people with disabilities.

WCAG 2.1 offers three conformance levels: A, AA, and AAA. Each level represents a stricter set of accessibility requirements. While the EAA doesn't explicitly mandate a specific WCAG conformance level, aiming for WCAG 2.1 Level AA is generally considered a strong approach for complying with the EAA's web accessibility requirements.

Here are the four key principles of WCAG 2.1 that the EAA aims to achieve (acronym: POUR):

  • Perceivable: Information and user interface components must be presented in a way that can be perceived by users, including those with visual, auditory, and other sensory impairments.
  • Operable: User interface components and navigation must be operable for users with motor impairments, allowing them to interact with the website using assistive technologies.
  • Understandable: Information and the operation of the website must be easy to understand for users with cognitive and learning disabilities.
  • Robust: Content should be compatible with a wide range of user agents, including assistive technologies, and must be future-proofed for new technologies.

Compliance Deadlines

  • EU member states had until June 2022 to transpose the EAA into their national laws.
  • The specific compliance deadlines for businesses can vary slightly depending on the EU member state. However, providers of products and services covered by the EAA generally had until June 28th, 2025 to become compliant.

The EAA enforcement is handled by individual EU member states. Penalties for non-compliance can vary but may include:

  • Fines
  • Removal of products or services from the market
  • Suspension of a company's right to do business in the EU

Roadmap to EAA Compliance

Here's a roadmap to help organizations achieve EAA compliance for web accessibility:

  1. Accessibility Policy: Develop a clear accessibility policy outlining your commitment to creating an inclusive digital experience for everyone.
  2. WCAG Conformance: Aim for WCAG 2.1 Level AA conformance as a best practice for meeting EAA requirements and promoting accessibility.
  3. Accessibility Audit: Conduct a comprehensive accessibility audit to identify areas where your website falls short of WCAG standards.
  4. Remediation Plan: Develop a plan to address the accessibility issues identified during the audit.
  5. Regular Testing: Continuously test your website for accessibility to ensure ongoing compliance and identify new issues as they arise.

Building a More Inclusive Online World

The EAA, coupled with best practices like WCAG conformance, provides a strong foundation for achieving web accessibility across Europe. By prioritizing accessibility, organizations can ensure everyone has equal access to information and services online. This fosters a more inclusive digital world where disability doesn't hinder online.

References for Further Reading

To understand the EAA and web accessibility better, here are some valuable references:

  1. Accessibility Scanner for websites and mobile apps for EAA compliance: Perform Web Accessibility Testing with Ease | BrowserStack
  2. European Accessibility Act (EAA) Overview: European accessibility act
  3. EAA DIRECTIVES : https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019L0882
  4. EAA EN 301 549 standard : https://www.etsi.org/deliver/etsi_en/301500_301599/301549/01.01.02_60/en_301549v010102p.pdf
  5. Web Content Accessibility Guidelines (WCAG) 2.1: W3C Web Accessibility Initiative (WAI)
  6. European Disability Strategy 2010-2020: European Commission