European Union: What do CG&R companies need to know about the European Accessibility Act?

11 Dec 2024    2 minute read
European Accessibility Act Disability E-Commerce

In brief

The European Accessibility Act (EAA) is a directive aimed at improving the accessibility of products and services for people with disabilities across the European Union (EU). It establishes common accessibility requirements for a wide range of products and services provided to consumers to ensure that people with disabilities have better access to digital and physical environments, thereby promoting their inclusion and participation in society.

Companies generally need to comply by 28 June 2025, which is fast approaching! Sanctions for non-compliance vary by Member State and go as far as imprisonment in some jurisdictions, as well as the potential for injunctions/orders to comply, fines, and of course the associated reputational damage.

Contents

Recommended actions

The EAA will apply from 28 June 2025, with a transitional period for limited scenarios. Given the lead time for implementing technology changes, we are already helping our clients prepare to ensure compliance with the law. In particular, we recommend:

  • Analyzing which of your products and services are in scope
  • Assessing current accessibility levels for both physical products and digital interfaces
  • Updating e-commerce platforms and websites both with respect to their functionality (e.g., adhering to WCAG standards), and the inclusion of accessibility disclosures
  • Updating self-service and payment terminals in stores
  • Building in the EAA's design standards for products
  • Implementing robust processes and controls and training programs

In more detail

The European Accessibility Act (Directive 2019/882) is a landmark law that requires certain products and services in the EU to be accessible to people with disabilities. The EAA sets out specific accessibility requirements that various stakeholders, including manufacturers, authorized representatives, importers, distributors, and service providers, must meet.

Types of services caught by the EAA

The scope of the European Accessibility Act is broad, encompassing a wide range of products and services provided to consumers. These include e-commerce services, electronic communication services (excluding M2M services), and services that provide access to audiovisual media. Additionally, the EAA covers TV equipment, smartphones, desktops, notebooks, tablets, banking services, e-books, and dedicated software. Elements of passenger transport services and self-service terminals are also included under the EAA's requirements.

Exceptions

While the EAA imposes stringent accessibility standards, it does allow for certain exceptions. Stakeholders may be able to rely on the fundamental alteration or disproportionate burden exceptions, provided they conduct a documented assessment to justify these claims. However, we do expect the ability to rely on these exceptions to be relatively limited in practice.

BM Infographic

For more information on this legislation and to see a snapshot of where the provisions have already been implemented, see our infographic here.

For any questions about the EAA, please get in touch with us or your usual Baker McKenzie contacts. 

Contact Information
Helen Brown
Partner at BakerMcKenzie
London
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helen.brown@bakermckenzie.com
Julia Hemmings
Partner at BakerMcKenzie
London
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julia.hemmings@bakermckenzie.com
Sebastian Schwiddessen
Counsel at BakerMcKenzie
Berlin
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sebastian.schwiddessen@bakermckenzie.com
Lucy Hart
Associate at BakerMcKenzie
London
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lucy.hart@bakermckenzie.com

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