European Accessibility Act

Directive (EU) 2019/882 on the Accessibility Requirements for Products and Services

Background and Scope

The European Accessibility Act addresses fundamental market fragmentation where disparities between national accessibility laws create barriers to free movement and distort competition, particularly affecting small and medium-sized enterprises (SMEs). It implements the UN Convention on the Rights of Persons with Disabilities, which the EU has been party to since 21 January 2011.

The Act defines persons with disabilities as those with “long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others”. It also benefits persons with functional limitations, such as elderly persons, pregnant women or those travelling with luggage.

The scope encompasses key products and services where accessibility barriers are most prevalent. Products covered include computer hardware systems and operating systems, payment terminals, interactive self-service terminals, including ATMs, ticketing machines, consumer terminal equipment, and e-readers. Services covered include electronic communications, audiovisual media services, passenger transport services, consumer banking services, e-books and e-commerce services. Crucially, it includes emergency communications to the single European emergency number “112”.

Key Obligations

• Core Compliance Requirements: Economic operators must ensure only compliant products reach the market and services meet accessibility requirements. Products must comply with functional accessibility requirements including perceivability, operability, understandability and robustness.
• Manufacturer Obligations: Manufacturers must ensure products comply when placing on market, draw up technical documentation, carry out conformity assessment, affix CE marking, and maintain records for five years.
• Service Provider Duties: Service providers must design and provide services according to accessibility requirements and prepare accessible information explaining compliance. They must maintain ongoing compliance procedures.
• Disproportionate Burden Exception: Requirements only apply where they don’t impose disproportionate burden or require fundamental alteration. Economic operators must assess and document this using specific criteria, considering compliance costs relative to turnover and estimated benefits for persons with disabilities.
• Microenterprise Protections: Microenterprises providing services are exempt from accessibility requirements due to limited resources. For product-related microenterprises, requirements are lighter to reduce administrative burden.
• Enforcement: Member States must establish effective, proportionate penalties considering extent of non-compliance and number of persons affected. Consumers must have access to courts with provisions for public bodies to act on their behalf.