While the European Accessibility Act (EAA) does not apply in the UK which has its own legislative framework, UK businesses operating in EU markets may be caught by the EAA. What does this mean in terms of practical compliance?
Accessibility involves making information, content, environments, and/or activities sensible, meaningful and usable for everyone, irrespective of whether or not they have an impairment. Website and mobile app accessibility is vital in today's digital age, ensuring that those with both permanent and temporary disabilities can navigate and interact with online content effectively. Disabilities can include sight loss, speech and motor difficulties, hearing loss, cognitive impairments, or even temporary conditions like a broken arm.
The increase in demand for online goods and services has put both digital barriers and accessibility under the spotlight in recent years. The UK's approach to regulation in this area is not as advanced as that of the EU, but the overall aim of legislation in both jurisdictions is to improve access to goods and services.
In the UK, there are two main pieces of legislation: the Public Sector Bodies (Website and Mobile Applications) (No.2) Accessibility Regulations 2018 (Accessibility Regulations) which, as its name suggests, applies to the public sector, and the Equality Act 2010 which applies to private sector as well as public sector organisations.
In addition, the EEA, which was introduced after Brexit, applies to any company offering products or services to EU consumers, regardless of where the company is based. This means UK businesses serving consumers in EU markets will be caught by some of the provisions applicable to their products and/or services falling within the scope of the EAA. It is unlikely that businesses will want to develop separate services, product lines, and distribution chains for the UK and many will likely adopt the EAA standards for all of Europe, including the UK.
Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018
For public sector entities, the EU Directive on the Accessibility of Websites and Mobile Applicationswas implemented in the UK as the Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018. The Accessibility Regulations build on existing obligations to people who have a disability under the Equality Act 2010 and provide that a website or mobile app must be accessible to all users, especially those with disabilities.
In order to be legally compliant, websites or mobile apps will need to meet the following criteria set out in the Web Content Accessibility Guidelines (WCAG) 2.0 and 2.1:
- Perceivable: information and user interface components must be presentable to users in ways they can perceive - users must be able to perceive the information being presented, it can't be invisible to all of their senses so content must not exclude people with, for example, vision or hearing disabilities.
- Operable: user interface components and navigation must be operable. This means that users must be able to operate the interface - the interface cannot require interaction that a user cannot perform, for example, that they can only navigate using a mouse.
- Understandable: users must be able to understand the information as well as the operation of the user interface - the content or operation cannot be beyond their understanding.
- Robust: content must be robust enough that it can be interpreted reliably by a wide variety of user agents, including assistive technologies.
All public sector bodies (including central government and local government organisations) have to meet these requirements unless they are exempt.
All new public sector websites must also publish an accessibility statement which makes clear the level of accessibility across the website or app. The accessibility statement should include a list of any inaccessible parts of the website or app and provide details on who to contact to report accessibility issues. The statement needs to be updated annually.
If a public sector body fails to publish an accessibility statement or the accessibility statement is incorrect, the Central Digital and Data Office will publish the name of the body and a copy of the decision.
The Government Digital Service (GDS) monitors public sector bodies’ compliance by examining a sample of public sector websites and mobile apps every year. The GDS can ask for information and request access to intranets, extranets, apps or any public sector website. Individual users can also raise an accessibility issue directly with the public sector organisation.
Exemptions and disproportionate burden assessments
Certain organisations are exempt from the Accessibility Regulations including: some non-governmental organisations unless financed mainly by public funds providing essential services aimed at disabled people; public sector broadcasters; and primary/secondary schools, except where essential service content necessitates compliance.
There may be an exemption from compliance in cases where full compliance imposes too great a burden on an organisation. To rely on this, a disproportionate burden assessment is legally required weighing organisational size/resources; the nature of services provided and their impact; and a cost/benefit analysis.
The Equality Act 2010
The Equality Act (EQA) is better known in relation to employee rights, but when it replaced the Disability Discrimination Act 1995, it expanded to cover the standards that service providers need to meet to avoid discriminating against consumers with disabilities.
Section 20 of the EQA requires service providers to make “reasonable adjustments” for people with disabilities both online and offline. This is an anticipatory duty, which means service providers must anticipate the needs of disabled people and make appropriate reasonable adjustments. A “service provider” under the EQA includes anyone who provides goods, facilities or services to the public or to a section of the public, whether for payment or not. The duty comprises three requirements:
- Where a provision, criterion or practice puts disabled people at a substantial disadvantage compared to those who are non-disabled, to take reasonable steps to avoid the disadvantage. This involves changing the way things are done, such as changing a practice.
- Where a physical feature puts disabled people at a substantial disadvantage compared with people who are non-disabled, to take reasonable steps to avoid that disadvantage. Avoiding the disadvantage means removing the physical feature, altering it or providing a reasonable means of avoiding it, such as providing access to a building by adding a ramp for wheelchairs.
- Where not providing an auxiliary aid puts disabled people at a substantial disadvantage compared with non-disabled people, to take reasonable steps to provide that auxiliary aid. An example of this would be to provide special computer software/assistive technology.
The service provider is not entitled to require the disabled person to pay the costs of compliance with these requirements.
Service Providers only have to make adjustments if it’s reasonable to do so, taking into account certain factors including:
- how practicable it is to make the changes
- the size of the organisation
- the cost of making the changes and the extent of the organisation’s resources.
Considerations for UK businesses in relation to the EAA
While the EAA has not been implemented in the UK, any UK businesses with e-commerce sites selling into the EU must comply with the EAA by 28 June 2025. More broadly, there is a general shift in the market with companies looking to secure business in an increasingly accessibility-focused global market, viewing accessibility as a strategic advantage.
If service providers do not make their websites, apps and premises accessible to everyone, not only are they potentially losing out on revenue, but they are also exposing their brand to a potential unlawful discrimination claim as well as reputational risk.
Similarly, manufacturers of in-scope products will need to comply with EAA requirements.
Practical considerations for UK businesses include:
- conducting an accessibility audit to understand any gaps that require remediation ahead of 28 June 20025
- the adoption of WCAG standards
- considering requirements in relation to CE markings for goods being sold into the EU
UK businesses offering products or services in the EU should start preparing now to avoid last-minute complications. Proactive adaptation will secure your position as an industry leader in digital accessibility. Read the other articles in this edition to understand more about obligations under the EAA.
The future of accessibility in the UK
Currently, there are no substantive changes planned for UK accessibility legislation. Enforcement of both the Public Sector Regulations and the EQA is patchy at best and hindered by the lack of an accessibility-focused regulator and by expensive and procedurally challenging court procedures in the UK. Despite this, accessibility and a commitment to inclusion is slowly becoming a point of differentiation in the UK market. The British Standard on accessibility (BS 8878:2010) aligns with International Standards (ISO/IEC 40500) and has been widely adopted in the UK as a non-technical guide to implementing WCAG standards, suggesting that businesses see the reputational and financial benefits of being accessible to more consumers.
In addition, meeting the requirements of the EAA will be crucial for businesses trading within the EU. Compliance with these international standards is expected to drive greater accessibility efforts.
Investing in accessibility not only makes good business sense but is also ethically preferable. Businesses that invest in accessibility can tap into previously underserved customer needs and market themselves as socially responsible organisations. Despite the lack of legislative changes specifically targeting UK businesses, awareness about the importance and benefits of accessibility is growing among companies. Consequently, investment in this area is likely to continue.
