With the compliance deadline of June 28, 2025, approaching, companies operating within the European Union must get ready for the implementation of the European Accessibility Act (Directive (EU) 2019/882; also known as the “Accessibility Act” or “Accessibility Act”). This landmark legislation aims to provide minimal harmonization for accessibility requirements across EU member states, enhancing the inclusivity of products and services for persons with disabilities. For (digital) service and product companies, navigating these new standards means aligning with specific requirements, adopting innovative solutions, and rethinking existing practices to ensure compliance. The Act provides relatively straightforward obligations, with – luckily – some flexibility if requirements lead to unreasonable burdens.
As we’re guiding clients in this transition, we share the basics on the Accessibility Act, as well as some Cresco insights.
What Is the European Accessibility Act?
The Accessibility Act aims to remove barriers within the internal market by standardizing accessibility requirements for various products and services. By fostering a more inclusive environment, the Act not only aims to improve the user experience for individuals with disabilities but also to create consistent, predictable rules for businesses. From consumer hardware and software to digital services, compliance is key for any company planning to market within the EU.
However, it is important to note that the Accessibility Act is a directive and not a regulation, which means that every EU Member States needs to transpose the directive in local legislation. A Member State can also choose to go beyond the Accessibility Act and provide more strict accessibility requirements.
Products and Services Impacted by the Accessibility Act
Under the Accessibility Act, products and (digital) services targeted at end-users must meet specific accessibility standards. Here’s a snapshot of what is covered:
- Products: consumer computing hardware, operating systems, e-readers, and self-service terminals like ATMs and payment kiosks.
- Services: electronic communications, e-books, e-commerce platforms, and audiovisual media services.
Whilst the Accessibility Act is primarily focused at B2C interactions, B2B products and services can be in scope if they affect end-user accessibility. For example, a B2B SaaS solution such as HR software, which is also used by employees for tasks such as leave management, must comply with the Accessibility Act standards.
The Accessibility Act outlines responsibilities for various players across the supply chain, from manufacturers to importers and distributors to service providers.
Core Accessibility Requirements
The Accessibility Act is a relatively straightforward piece of legislation. In essence, companies are required to (i) comply with a set of accessibility requirements set forth in the first Annex of the Accessibility Act, and (ii) companies are required to make assessments and document how they comply with such requirements.
The Accessibility Act mandates that products and services are operable, understandable, adaptable, and compatible with assistive technologies. Companies can adopt various creative solutions to meet these requirements, including:
- Accessible Information: Product instructions must be perceivable through multiple sensory channels (visual, auditory, tactile) and adaptable, such as with scalable fonts or high-contrast displays, be compatible with screen readers, etc.
- User Interface Adjustments: Technology companies should incorporate flexible interfaces, alternative auditory signals, and compatibility with assistive devices like screen readers or speech-to-text systems.
- Service Accessibility: Websites, mobile applications, and digital platforms must be operable by individuals with disabilities, with consistent functionality and support for assistive devices.
The concrete requirements for companies are laid down in Annex I of the Accessibility Act, whereas Annex II provides examples on how to comply with those requirements.
Both Apple and SAP already demonstrate how companies can align with the Accessibility Act in both B2C- and B2B-markets. Visually challenged users can receive audio input on images with Apple’s VoiceOver, which is incorporated into macOS and iOS. Additionally, Apple offers assistive technology compatibility and scalable fonts. On the B2B-side, SAP’s SuccessFactors HR platform incorporates features like screen reader compatibility, high-contrast modes, and alternative navigation options. These examples demonstrate how compliance may be customized for both end-user products and enterprise solutions, encouraging inclusion in all contexts.
Assess and document
Companies are required to conduct a thorough assessment of their products and services to determine compliance with the Accessibility Act. This involves evaluating whether your offerings meet the accessibility requirements outlined in the directive.
To document compliance, companies should maintain detailed records of their assessment processes, including the methodologies used and the results obtained. This documentation should clearly indicate areas of compliance and any instances of non-compliance, along with the steps taken to address deficiencies.
Exemptions and Disproportionate Burden Clauses
While compliance is essential, the Accessibility Act does offer some flexibility. Companies can claim an undue burden exemption if meeting accessibility requirements would fundamentally alter a product’s nature or create disproportionate costs. Annex V of the Accessibility Act sets forth the criteria for the assessment of the disproportionate burden sets forth the criteria This determination must be documented and justified, and the burden of proof rests with the economic operator.
Opportunities for (Tech) Companies
Rather than seeing compliance as merely a cost, (tech) companies should view the Accessibility Act as a chance to innovate, focus on inclusivity and capture new market segments. By prioritizing accessibility, companies can enhance the user experience for all users, increase brand loyalty, and position themselves as industry leaders in inclusivity.
Don’t hesitate to contact us if you need tailored legal advice or want to know more about the Accessibility Act’s implications for your company.
Olivier Van Raemdonck, Managing Partner
Ward Verwaeren, Senior Associate
Axel Desmet, Associate
