Social inclusion is a growing focus worldwide, and EU legislation has a major impact on many industries. This article explains Directive (EU) 2019/882 of the European Parliament and of the Council on the accessibility requirements for products and services – the European Accessibility Act (EAA).
Overview
- Title: Directive on the accessibility requirements for products and services.
- Purpose: to improve the functioning of the internal market for accessible products and services, increase their availability and improve access to information, so that persons with disabilities and other persons with functional limitations can participate equally in society.
- Content: scope, accessibility requirements, obligations of economic operators, conformity assessment and market surveillance.
Scope
Products placed on the market after 28 June 2025, including consumer general-purpose computer hardware systems and their operating systems; self-service terminals (e.g. payment terminals, ATMs, ticketing and check-in machines, interactive information terminals); consumer terminal equipment with interactive computing capability used for electronic communications or for access to audiovisual media services; and e-readers.
Services provided to consumers after 28 June 2025, including electronic communications services (except transmission services used for machine-to-machine services); services providing access to audiovisual media services; certain elements of air, bus, rail and waterborne passenger transport services; consumer banking services; e-books and dedicated software; e-commerce services; and answering emergency communications to the single European emergency number 112.
Certain content is excluded, for example pre-recorded time-based media and office file formats published before 28 June 2025, online maps and mapping services (provided essential information is accessible), third-party content not under the provider’s control, and archived content that is not updated.
Accessibility requirements
- Products: requirements for the information provided, the user interface and functionality design, and support services – for example, information must be available via more than one sensory channel and user interfaces must be operable by persons with disabilities.
- Services: with the exception of urban, suburban and regional transport services, services must ensure the accessibility of the products used to provide them, provide information on how the service works and its accessibility features, make websites and mobile applications accessible, and offer accessible support services. Specific services have additional requirements – electronic communications services, for example, must provide real-time text and total conversation where video is provided.
Obligations of economic operators
- Manufacturers ensure products are designed and manufactured in accordance with the requirements, draw up the technical documentation, carry out the conformity assessment (internal production control), keep documentation and the declaration of conformity, and label products correctly.
- Authorised representatives perform the tasks specified in their mandate.
- Importers place only compliant products on the market.
- Distributors act with due care and verify product compliance.
- If a product does not comply, operators must take corrective action or withdraw it and inform the authorities.
- Service providers ensure their services meet the accessibility requirements, prepare information explaining how the service meets them, make this information publicly available, and maintain compliance when the service changes.
Fundamental alteration and disproportionate burden
The requirements apply only to the extent that compliance does not require a fundamental alteration of the product or service and does not impose a disproportionate burden on the operator. Operators must carry out and document an assessment; microenterprises dealing with products are exempt from documenting it. Service providers must reassess the burden when the service is changed, and operators receiving funding to improve accessibility cannot rely on disproportionate burden.
Microenterprises
Microenterprises providing services are exempt from the requirements and obligations of the directive; microenterprises dealing with products have lighter obligations. All microenterprises are encouraged to comply, and Member States should provide guidance.
Conformity and market surveillance
- EU declaration of conformity and CE marking: the manufacturer draws up the EU declaration of conformity and takes responsibility for compliance; the CE marking must be affixed as required, and Member States ensure it is used correctly.
- Market surveillance and safeguard procedure: the EU market surveillance rules apply to products; authorities check and evaluate compliance. For non-compliant products, Member States follow the prescribed procedures, and the European Commission assesses national measures under the safeguard procedure.
Enforcement and penalties
Member States establish procedures to check services’ compliance, follow up complaints and verify corrective action, designate enforcement authorities and inform the public. Penalties must be effective, proportionate and dissuasive.
Implementation and transition
- Member States had to adopt and publish national provisions by 28 June 2022 (in Germany: the Barrierefreiheitsstärkungsgesetz, BFSG).
- The provisions apply from 28 June 2025.
- Service providers may continue to provide services using products they lawfully used before that date until 28 June 2030.
- Service contracts agreed before 28 June 2025 may continue unaltered until they expire, but for no longer than five years from that date.
- Self-service terminals lawfully used before 28 June 2025 may continue to be used until the end of their economically useful life, but for no longer than 20 years after entry into use.
How EVERBIZ can help
EVERBIZ supports manufacturers and service providers in assessing whether the EAA applies, in accessibility assessments and in preparing technical documentation and declarations of conformity. Contact us.
This article is for general information only and does not constitute legal advice. The text of Directive (EU) 2019/882 and the national implementing laws are authoritative.