Accessibility isn’t just a “nice to have” anymore – it’s becoming a legal requirement. With the European Accessibility Act (EAA) set to take effect, businesses across Europe will need to comply or face potential consequences.
If your business operates in the EU, this new law could impact you and failing to comply with the EAA could lead to fines, legal trouble, and lost customers.
The European Accessibility Act isn’t just another regulation – it’s a wake-up call for businesses.
If you’re wondering what the EAA means for your business and what you need to do to stay compliant, this post will break it all down. Here are the key takeaways from the session:
1. General Overview of the EAA
Q: What is the EAA, who does it affect, and what does it cover?
A: The European Accessibility Act (EAA) is a directive aimed at improving the accessibility of products and services for people with disabilities and the elderly. It applies to manufacturers, authorised representatives, importers, distributors, and service providers, affecting the entire supply chain. Additionally, it is relevant for non-EU companies offering products or services within the EU market. The EAA covers personal devices like computers and smartphones, as well as services such as ATMs, banking, e-readers, including any associated firmware and e-commerce websites.
Q: How does the EAA affect e-commerce websites?
A: E-commerce websites must ensure that all aspects of their service, including navigation, transactions, and third-party integrations, are accessible to comply with the EAA.
Q: Are digital services like online banking covered by the EAA?
A: Yes, digital services such as online banking and ATMs are required to meet accessibility standards under the EAA.
Q: What are the exceptions under the EAA?
A: Exceptions include micro-enterprises such as small local bakery, a boutique web design firm, an independent bookstore, or a small artisan craft shop, may be exempt from certain EAA compliance requirements if adhering to them imposes an economic burden. Also prerecorded media such as videos or audio content, released before the EAA’s effective date may be exempt from the accessibility requirements mandated by the Act, and specific types of third-party content. Additionally, some websites and mobile apps that qualify as archives may also be exempt.
Q: Does the EAA apply to non-digital elements?
A: While the focus is on digital products and services, the EAA also covers non-digital elements like product packaging and user manuals when they are part of the consumer experience.
Q: How does the EAA apply to the UK post-Brexit?
A: While the EAA no longer directly affects UK local authorities post-Brexit, UK organisations conducting business in the EU should still consider EAA compliance to avoid accessibility-related legal and market barriers.
2. Compliance & Enforcement
Q: What is the timeline for EAA compliance?
A: The EAA was meant to be incorporated into national legislation by 2022. The effective date is rapidly approaching, and all relevant products and services must comply with the EAA by June 2025, with some exceptions extending to 2030. The EAA allows businesses to continue using existing payment terminals, software licenses, and long-term service contracts established before the effective date without immediate accessibility updates, with a compliance deadline of 2030.
Q: What are the penalties for non-compliance?
A: Penalties vary by country, ranging from no penalties at all to significant fines or even jail time. Companies may face penalties from each EU country in which they operate, not just the country where they are registered. Penalties for non-compliance with the EAA can include fines of up to €100,000 per infringement in the Netherlands, fines of up to €90,000 in Spain, and in Italy, penalties can reach up to 5% of a company’s yearly turnover under additional accessibility legislation.
Q: What is the role of enforcement agencies under the EAA?
A: National supervisory bodies have been appointed as enforcement agencies. They handle consumer complaints and have the authority to impose fines for non-compliance.
3. Sector-Specific Implications
Q: How does the EAA impact B2B companies?
A: While B2B applications are generally out of scope, the marketplace is increasingly pushing B2B companies to prioritise accessibility due to customer demands. Businesses should consider their role in the supply chain and whether any of their services include B2C components.
Q: What should companies consider regarding e-commerce and the EAA?
A: E-commerce websites must ensure that all aspects of their service – including payment systems and third-party integrations – comply with accessibility requirements.
Q: How should companies handle accessibility for self-service terminals?
A: Self-service terminals must comply with accessibility requirements when placed on the market. The company responsible for bringing the product to market is accountable for ensuring compliance.
Q: What are the implications for SaaS solutions regarding accessibility?
A: Responsibility may be shared between the SaaS provider and the business using the solution. Companies should review their contractual agreements and assess available customisation options to ensure compliance.
Q: Are educational institutions required to comply with the EAA?
A: Yes, educational institutions must ensure that their digital platforms, learning management systems, and communication tools meet EAA accessibility standards.
Q: What should educational institutions consider for EAA compliance?
A: Institutions must ensure that their websites, mobile applications, learning management systems, and online communication platforms are accessible. They should also prioritise accessibility in procurement practices and adhere to universal design principles.
4. Responsibilities of Digital Agencies & Third-Party Vendors
Q: What are the obligations of a digital agency under the EAA?
A: Digital agencies must ensure that the websites and digital products they create comply with EAA accessibility requirements. They should provide clients with Accessibility Conformance Reports, testing reports identifying issues and fixes, and maintenance guides for ongoing accessibility compliance.
Q: Can agencies be held accountable for non-compliance?
A: Yes, agencies can be held accountable if they fail to deliver EAA-compliant code, depending on the contractual terms agreed upon with the client.
Q: What happens if a business’s website was built by a third-party agency and the business is sued for non-compliance?
A: The business may still be held liable for non-compliance, as it is ultimately responsible for ensuring its website meets accessibility standards. It should review its contract with the agency to determine liability and seek legal advice if necessary.
Q: How can a business protect itself when working with a third-party agency?
A: Businesses should ensure that contracts with agencies include clear terms regarding accessibility compliance and require agencies to provide documentation, such as Accessibility Conformance Reports.
Q: How should companies handle third-party content under the EAA?
A: E-commerce platforms should ensure that third-party content on their site is accessible. This includes establishing clear guidelines for contributors and integrating accessibility checks into their content management systems.
5. Ensuring Long-Term Compliance & Documentation
Q: What steps should a business take if it discovers non-compliance after a website has been built?
A: The business should work with the agency to address and rectify any accessibility issues. It may also consider conducting an independent audit to identify and resolve compliance gaps.
Q: What role does documentation play in managing third-party relationships?
A: Documentation – including contracts, accessibility reports, and maintenance guides – is crucial for defining responsibilities and ensuring ongoing compliance with accessibility standards.
Accessibility audits are essential for ensuring compliance with the European Accessibility Act (EAA) as they provide a comprehensive evaluation of a company’s digital assets against established accessibility standards, such as EN 301 549 and WCAG 2.1 AA. By conducting regular audits, organisations can identify potential accessibility issues and gaps, allowing them to address these proactively before they lead to non-compliance penalties.
