From 28 June 2025, the European Accessibility Act (EAA) — officially known as Directive (EU) 2019/882 — will come into effect across the European Union. This Directive aims to harmonise accessibility requirements for a wide range of digital consumer products and services, ensuring they are more inclusive and user-friendly for individuals with disabilities and the elderly.
As some EU Member States already have national accessibility legislation in place and retain a degree of flexibility in how they implement and enforce the EAA, businesses may encounter variations in national requirements. In this article we address a few of these variations, as examples of how to approach compliance for parties offering products and services throughout the EU.
Scope of the EAA
The EAA applies to all economic operators and service providers selling goods and services to consumers in the EU. The products and services that are in scope of the EAA are products and services that have been pointed out as being most relevant for individuals with disabilities and the elderly while being most likely to have diverging accessibility requirements in the various the EU Member States to date.
All parties in the supply chain of in-scope products have obligations under the EAA. This includes the manufacturer, the authorised representative, the importer, the distributor and the retailer. The manufacturer among other things, needs to ensure that the products have been designed and manufactured in accordance with the applicable accessibility requirements, carry out a conformity assessment in accordance with the conformity assessment procedure and draft the technical documentation to accompany the product. The downstream economic operators need to check the documentation, CE markings and conformity assessments to ensure they are not placing products on the market that are non-compliant with the EAA.
With respect to services, the obligations flowing from the EAA apply to the service provider. E-commerce services, which include the online sales of any product or service to an EU consumer, are notably in scope. The applicability of the EAA is not strictly limited to the actual purchase process, but applies to the entire customer journey, including landing pages, product descriptions and customer service interactions which must all be made accessible.
The EAA applies regardless of whether or not the business is physically based in an EU Member State. If a business offers products or services online to EU consumers, it must comply with the EAA’s accessibility requirements.
Accessibility requirements under the EAA
In terms of material requirements, the EAA ensures that in-scope products must be designed and produced in such a way as to maximise their foreseeable use by persons with disabilities. Also, product information on the use of the product provided must be made available via more than one sensory channel, presented in an understandable way, and presented to users in ways they can perceive (eg in fonts of adequate size and suitable shape, with enough contrast, spacing etc.).
In-scope services also need to be provided in a way as to maximise their foreseeable use by persons with disabilities. For instance, a service provider providing an e-commerce platform needs to ensure that:
- its website and mobile app are perceivable, operable, understandable, and robust – aligning with internationally recognised standards like the Web Content Accessibility Guidelines (WCAG) and EN 301 549 (the EU’s digital accessibility standard)
- accessible identification methods are offered, including electronic signatures, and payment processes (often provided by third parties)
- customer support services are offered in an accessible way.
These rules mean businesses need to carefully review their digital interfaces – from product listings to checkout pages – ensuring they meet both the EAA’s baseline and any additional national requirements.
Harmonised standards
Although the above requirements and norms are the same for all EU Member States, differing local implementation could potentially make compliance with the EAA a huge challenge. As pointed out, many economic operators and service providers will provide products and services in multiple EU Member States. In order to lighten the administrative load, there will be an opportunity for economic operators and service providers to rely on a ‘presumption of conformity’ across the EU under certain conditions.
Under this presumption, in-scope products and services that conform to harmonised standards developed by the European Standardisation Organisations will be presumed to be in conformity with the EAA’s accessibility requirements across the EU, in so far as those standards or parts of them cover those requirements for the specific products or services. One of the most relevant standards in this respect is EN 301 549, the European standard of accessibility requirements for information and communications technology (ICT) products and services in the EU. All (semi) public sector websites and mobile apps have to meet this standard. However, it has not yet been adopted for the EAA and an updated version is expected but is not yet available. Also, there are a few EU Member States where a more specific local law or standard takes precedence and transcends EN 301 549. Examples are BITV in Germany and RGAA in France.
The arrangement of harmonised standards is voluntary though, and economic operators and service providers may demonstrate compliance through other technical means.
Enforcement
The EAA places two main obligations on the EU Member States with respect to enforcement of the Directive. Each EU Member State needs to: (i) appoint one or more competent administrative bodies as the competent authority for the enforcement of the EAA, and (ii) provide for an option whereby consumers and public bodies or private associations or other legal entities which have a legitimate interest may submit complaints related to the non-compliance of other organisations with the competent authorities or competent courts.
In most EU Member States, more than one authority has been appointed as the implementation of the EAA is often carried out by updating multiple laws and regulations to cater for the variety of products and services to which the EAA applies. As a result, authorities in different sectors have been appointed to enforce the (implementation of the) EAA. In addition to consumer complaints, the EAA specifically mentions claims from competitors and consumer protection organisations. Competitors may, for instance, claim for injunctive relief, removal, disclosure or reimbursement of costs.
The specific penalties applicable for infringements are to be determined by the EU Member States and typically range from around. EUR 1,000 to EUR 100,000. However, some EU Member States also apply penalties that are based on a percentage of the annual turnover (for instance Italy, see below). The EAA specifies that penalties need to be "effective, proportionate and dissuasive", and accompanied by effective remedial action. Penalties therefore need to take into account the extent of the non-compliance, including its seriousness, and the number of units of non-complying products or services, as well as the number of persons affected.
As most of the appointed authorities are yet to produce guidance on enforcement (with the exception of Germany, see below), we are still waiting for a clear picture on enforcement across the EU.
Differences in implementation across EU Member States
While the EAA seeks to standardise accessibility legislation throughout the EU, the EU Member States retain a degree of flexibility in implementation and enforcement. As a result, businesses may encounter variations in national requirements presenting them with additional compliance challenges. Cross-border businesses should ideally conduct a jurisdiction-by-jurisdiction review to identify any discrepancies in national laws and adjust their strategies accordingly.
In general, we have seen a limited number of specific national deviations in the local implementation of the EAA. In some cases, stricter or additional accessibility criteria have been introduced beyond the EAA’s baseline. For instance, in France, there is an additional obligation for companies with annual turnover exceeding EUR 250 million to make online public communication services accessible.
Also, some clarifications of the requirements may result in additional requirements, which is the case with local language requirements. Products intended to be made available on the French and Polish market, for instance, need to be accompanied by user instructions in local language.
Finally, local (national) authorities may establish unique enforcement mechanisms or reporting procedures, and may provide guidance on how to enforce the rights under the EAA (Germany for instance).
Germany - noteworthy country-specific requirements
Germany has taken a proactive stance in implementing the EAA, setting a benchmark for harmonising domestic and EU-level standards in digital accessibility. Central to the German approach is the BITV (Barrierefreie Informationstechnik-Verordnung) framework, particularly in its BITV 2.0 iteration, which has been instrumental in operationalising the EAA’s requirements for public sector websites and digital services.
The BITV standard in Germany closely aligns with international benchmarks, notably the Web Content Accessibility Guidelines (WCAG) and EN 301 549. The hope is that this convergence of standards not only facilitates a consistent interpretation of accessibility requirements across the EU but also ensures that Germany’s digital public services meet high-quality accessibility norms. Similar standards will apply for businesses in scope of the EAA.
Moreover, German authorities have been at the forefront of issuing guidance and webinars that aim at helping stakeholders navigate the complexities of EAA compliance. In particular, the Bundesfachstelle für Barrierefreiheit offers resources and support to ensure compliance with the German EAA Implementation Act (Barrierefreiheitsstärkungsgesetz – BFSG), please see FAQs on the BFSG here. These FAQs provide a first overview of key aspects such as technical specifications, implementation timelines, and compliance verification processes. Additionally, Germany’s digital association (bitkom) has published a detailed guide discussing the in-scope products and services, accessibility requirements and technical standards as well as exceptions, grace periods and enforcement (please see here).
While the BFSG is an almost direct copy of the EAA, particularly, relating to the scope and accessibility requirements, its enforcement provisions differ from those of other EU Member States. Germany’s implementation of the EAA includes strict enforcement measures, allowing market surveillance authorities to conduct random compliance checks and impose fines of up to EUR 100,000 for negligent or intentional non-compliance (still relatively low compared to France or Italy). Unlike some other EU Member States, Germany does not provide for criminal prosecution but allows consumer protection associations (CPAs) and disability associations to issue cease-and-desist warnings and claims under the German Unfair Competition Act. Additionally, while civil law claims for damages due to inaccessible products or services are debated among legal experts, we expect that enforcement will primarily rely on consumer complaints to authorities, audits by CPAs and administrative penalties. For further information on the German implementation status, please see our article here.
Italy - noteworthy other legislation on accessibility
The implementation of the EAA in Italy was carried out through Legislative Decree No.82 of 27 May 2022, which almost entirely reproduces the text of the EAA. However, public entities and private companies operating in Italy and meeting certain requirements must also comply with Law No.4 of 9 January 2004 (the so-called Stanca Law, named after the Minister for Innovation and Technologies when the law was approved). The Stanca Law was initially limited to public entities but was later amended to apply also to “legal entities that provide services to the public through websites or mobile applications, with an average turnover over the last three years of activity exceeding EUR 500 million”. The deadline for these entities to comply with accessibility requirements was set for 5 November 2022, pending the adoption of the EAA’s transposition.
Since the EAA's transposition, it is now a matter of coordinating the two laws. To this end, Legislative Decree No.82/2022 includes a provision that aligns its scope of application with the Stanca Law and establishes that once Legislative Decree No.82/2022 takes effect on 28 June 2025, as mandated by the EAA, private entities subject to the Stanca Law will no longer need to comply with it, except for the penalty regime which will remain in force. Under the Stanca Law, private entities that fail to comply with accessibility requirements can face penalties of up to 5% of their turnover. As such, the penalties for non-compliance set by the Stanca Law will still apply even after the EAA is fully implemented.
The penalty regime set by Legislative Decree No.82/2022 is significantly different, establishing that economic operators that fail to comply with the accessibility requirements will be subject to a monetary penalty ranging from EUR 5,000 to EUR 40,000, considering the extent of the non-compliance, the number of non-compliant units of products or services, as well as the number of users involved.
Accordingly, economic operators should carefully assess whether they are subject to the accessibility requirements of the EAA or of the Stanca Law to understand the potential risk of penalties that could be issued by the competent authorities for non-compliance. While the obligations imposed by the Stanca Law do not differ substantially from the requirements imposed by the EAA, since both regulations refer to EN 301 549 as European standards that will need to be met by economic operators, there are differences in terms of the respective scopes of application. In this sense, the Stanca Law applies only to “websites or mobile applications” and not to products, for which accessibility requirements will only begin to apply as a result of the transposition of the EAA starting from 28 June 2025.
In addition, Circular No.3/2022 issued by the Agency for Digital Italy (AgID) provided clarifications on the Stanca Law and outlined that it should cover only entities “offering facilities and services open to the public, including in the sectors of health, children’s services, social inclusion and social security, as well as in the fields of transport services and electricity, gas, thermal energy, water, electronic communications services and postal services”, in so far as they provide “essential” public services. More precisely, according to the AgID’s Circular: (a) accessibility requirements apply to all private subjects running an economic or commercial activity which is subject to VAT, including those providing services to the public on the national territory through websites and mobile applications having their establishment either in Italy or outside Italy; and (b) in-scope services are just “essential services”, including postal and courier activities and the e-commerce of staple goods for consumers.
The coordination between the Stanca Law and the EAA transposition, through Legislative Decree No.82/2022, marks an important step in harmonising accessibility requirements in Italy. The key takeaway for service providers offering essential services to the public with an average turnover over the last three years exceeding EUR 500 million, is to ensure compliance with the accessibility standards set out by EN 301 549, regardless of whether they are operating under the Stanca Law or the EAA. Indeed, as the full implementation of the EAA approaches on 28 June 2025, penalties for non-compliance will remain a significant consideration for private entities falling within the scope of the Stanca Law, that should carefully assess their current accessibility practices and adapt their services where necessary.
UK - noteworthy exception (or not)
As the EAA became law after the UK's departure from the EU, it does not form part of retained European law and does not apply in respect of goods and services offered for sale within the UK. The UK government is prepared to align with the EU in some areas, but that approach has not extended to accessibility. There have been no moves to pass additional accessibility legislation in the UK and given the UK government's current stance in favour of reducing regulation where possible, it seems unlikely that new accessibility regulation will be proposed any time soon. As a result, many UK businesses are unaware of the EAA and the impact that it may have on their own operations. The extra territorial effect of the EAA means that it is the location of the consumers for goods and services that are in scope, rather than the point of origin of those goods and services that matters. British businesses seeking to sell in the EU (including those in Northern Ireland looking to market in the Republic of Ireland) must comply with the EAA. See here for an outline of the UK's accessibility regime.
Next steps
Economic operators and service providers should already be working on the necessary steps to ensure compliance by 28 June 2025. Although the EAA provides for a harmonised baseline in accessibility requirements, there are noteworthy deviations and differences between the EU Member States. The next steps should therefore be part of the EAA compliance program of any economic operator and service provider:
- Identify your markets: identify which EU Member States are (most) relevant for your business.
- Local law review: identify any relevant changes and additions under local law that impact your business and need to be taken into account.
- Establish next steps: make a plan to incorporate identified local variations and additions, into your accessibility compliance program.
- Periodic monitoring: periodic monitoring of regulatory updates and guidance is pivotal, especially over the next few years, as most Member States and regulators are yet to publish guidance on compliance.
