The European Accessibility Act (EAA) (Directive (EU) 2019/882) establishes common accessibility requirements for a range of products and services placed on the EU market. Its objective is to ensure that persons with disabilities have equal access to digital content, services, and technologies.
Member States must transpose the Directive into national law by June 28, 2025, meaning businesses should already be preparing for compliance. In Belgium, the EAA has been transposed through the Law of 5 November 2023, which amends the Code of Economic Law.
Who is concerned?
The EAA applies to economic operators involved in the manufacture, import, distribution, or provision of certain products and services, with a particular focus on digital services such as websites, mobile apps, e-commerce platforms, and media content, while also covering physical products that incorporate digital interfaces or can be used with assistive technologies, such as consumer electronics and self-service terminals
The directive generally targets consumer-facing products and services, but it can also apply to businesses whose offerings are potentially accessible to consumers, even if their primary market is business-to-business (B2B). For example, a digital platform or application primarily designed for professional users may still fall within the scope if consumers can access it.
The Act therefore affects a wide range of actors in the digital and media industries, from software developers to online service providers and content distributors. Key sectors impacted include:
- E-book publishers and reading software providers, who must ensure that content and applications are compatible with assistive technologies and accessible to users with disabilities.
- Hardware and software developers, including manufacturers of consumer electronics (computers, smartphones, tablets, smart TVs) and suppliers of general-purpose software (operating systems, browsers, productivity tools), as well as self-service terminals, ATMs, and ticketing or check-in machines.
- Audiovisual media providers, such as broadcasters, on-demand streaming services, and digital TV platforms, which need to make user interfaces, menus, and content accessible.
- E-commerce platforms and online service providers, who must ensure their websites, apps, and digital content are accessible to all users.
Scope and exemptions
While companies that sell exclusively to other businesses (B2B) are generally exempt from the European Accessibility Act, any company that offers products or services to consumers (B2C), or whose offerings could potentially be made available to consumers, falls within the scope of the Directive. This is based on Article 2(2) and Article 4(1) of Directive (EU) 2019/882, which define the scope and applicability of accessibility requirements to products and services placed on the EU market for end-users, i.e., consumers.
That means that if your company sells, markets, or even makes its services potentially available to consumers (B2C), compliance with the accessibility requirements becomes mandatory. Even businesses that primarily target professional customers (B2B) may fall within the scope if their content or technology can also be accessed by consumers (B2C), even indirectly. Concrete examples:
- A business management or invoicing platform intended for companies offers a free demo open to the public. Even if it mainly targets professionals, access by individuals requires EAA compliance.
- Software provided to online stores (B2B) is indirectly used by end consumers when they make purchases. The software must therefore be accessible to these users.
- An internal company mobile app includes some publicly visible features, such as a calendar or booking tool. These features accessible to consumers must meet accessibility standards.
- A professional software product with a trial version downloadable by anyone, including consumers, must also comply with EAA requirements.
These examples illustrate that even when a company primarily focuses on B2B, the possibility of consumer access triggers the obligation to meet accessibility requirements.
Micro-enterprises (fewer than 10 employees, turnover or balance sheet below €2 million) benefit from simplified obligations under the EAA. While full compliance may be challenging, they must ensure their products and services are accessible “as far as possible”. This can include practical measures such as adding alt text for images on a website or e-commerce platform, implementing basic keyboard navigation in a web application or online shop, making PDF documents accessible by tagging headings, tables, and links correctly, or ensuring that instructions, menus, or online forms are simple and understandable for users with cognitive disabilities. Authorities may request evidence of these efforts, so documenting actions is essential. Incremental improvements demonstrate good faith and help mitigate fines or reputational risks.
Key obligations
Businesses falling within the scope of the EAA must ensure that their products and digital services meet the accessibility requirements set out in Annex I of the Directive.
In practice, this involves:
- Designing websites, webshops, and mobile apps in line with recognised accessibility standards (such as EN 301 549 or WCAG 2.1), and ensuring that updates or modifications do not compromise accessibility;
- Providing information in accessible formats (including instructions, customer service, and contractual terms);
- Ensuring compatibility with assistive technologies, such as screen readers, voice recognition tools, and Braille displays;
- Publishing and maintaining an Accessibility Statement, describing the level of compliance and accessibility features available;
- Including persons with disabilities in testing and evaluation processes to validate accessibility;
- Establishing monitoring and complaint-handling mechanisms to address accessibility issues;
- Documenting accessibility measures and retaining evidence of compliance for inspection by authorities;
- Training staff involved in development, design, marketing, and customer support on accessibility best practices to ensure consistent implementation.
Sector-specific focus
- Publishers of e-books
Under the EAA, e-books and dedicated reading software must be accessible to users with disabilities.
This implies compliance with recognized accessibility standards, such as EPUB Accessibility 1.1, WCAG 2.1, and EN 301 549.
Publishers must ensure, among others:
- Text-to-speech compatibility and navigability through assistive technologies;
- Accessible metadata and alternative text for images;
- Search, table of contents, and bookmarking functions usable without vision or with limited mobility;
- Provision of accessible information about accessibility features (e.g., on the retailer’s website or app);
- Compatibility across different devices and reading software commonly used by people with disabilities;
- Correct semantic structure of the content, including headings, paragraphs, lists, tables, and other elements, to facilitate navigation via screen readers and assistive technologies;
- Accessibility of multimedia elements, such as images, graphics, videos, or audio, by providing text alternatives, transcripts, subtitles, or audio descriptions;
- Logical and consistent navigation, ensuring that users can easily move through the e-book using search, table of contents, and bookmarks;
- Clear information about which accessibility features are available within the e-book or on the platform, helping users choose the format that best meets their needs;
- Ensuring that updates or new editions maintain or improve accessibility and do not introduce barriers for users with disabilities.
Distributors and platforms offering e-books to consumers (even if not the original publisher) will also bear shared responsibility for ensuring the accessibility of content provided on their interfaces.
- Suppliers of hardware and software
The EAA applies to a broad range of hardware and software components, including consumer electronics such as computers, smartphones, tablets, e-readers, and smart TVs; self-service terminals, ticketing or check-in machines, and ATMs; as well as operating systems, browsers, and general-purpose software.
Manufacturers and software developers must ensure that their products and services are accessible and compliant with recognized accessibility standards. This includes:
- Designing interfaces that are perceivable, operable, and understandable for users with disabilities, with options for customization such as adjustable text size, high-contrast modes, voice commands, and keyboard shortcuts;
- Providing clear, accessible error messages and system notifications;
- Supporting compatibility with assistive technologies, such as screen readers, speech recognition software, and Braille displays;
- Maintaining accessibility across software updates and new product versions;
- Conducting testing with users with disabilities to validate the accessibility of products and interfaces;
- Providing accessible documentation, including manuals, guides, tutorials, FAQs, and video content with captions or transcripts;
- Offering accessibility-specific features, such as text-to-speech, voice commands, zoom or magnifier functions, and full keyboard navigation as an alternative to touch or gesture controls;
- Ensuring that connected devices (smart TVs, IoT devices) can be controlled via accessible interfaces or assistive technologies;
- Affixing a CE marking confirming conformity with accessibility standards and maintaining a technical file for inspection by national market-surveillance authorities.
- Audiovisual media providers
The EAA also applies to audiovisual media services (AVMS), including broadcasters, on-demand streaming platforms, and digital TV services. While these services are partly regulated under the Audiovisual Media Services Directive (AVMSD), the EAA introduces additional accessibility obligations related to user interfaces, content presentation, and service navigation.
Key requirements for audiovisual media providers include:
- Ensuring that media player interfaces, menus, navigation tools, and remote controls are accessible to all users, including those with visual, auditory, or motor impairments;
- Offering subtitles, audio descriptions, and sign language options whenever technically feasible;
- Making programme guides, content catalogues, and search functions navigable using assistive technologies;
- Providing accessible customer support and contractual information, including service terms and instructions;
- Ensuring that accessibility features are clearly communicated to users so they can choose content or services that meet their needs;
- Testing interfaces and content with users with disabilities to validate actual accessibility;
- Maintaining accessibility across updates, new releases, or platform changes;
- Providing multiple ways of accessing content (e.g., keyboard shortcuts, voice commands, or alternative navigation options) to accommodate different types of disabilities;
- Ensuring that accessibility considerations extend to connected devices and apps used for media consumption, such as smart TVs or streaming applications.
The goal is to ensure that persons with visual, auditory, or cognitive impairments can equally access, understand, and control audiovisual content, with a seamless user experience comparable to that of non-disabled users.
Consequences of non-compliance
Failure to comply with the national laws implementing the EAA may result in a range of consequences, including:
- Administrative fines or penalties, which can be fixed amounts or proportional to the company’s turnover, depending on national regulations;
- Market withdrawal or restrictions on the provision of non-compliant products or services;
- Mandatory corrective actions, where authorities may require companies to bring products or services into compliance within a specified timeframe, under threat of increased sanctions;
- Loss of eligibility for public tenders and contracts, as accessibility is increasingly a mandatory criterion in procurement processes;
- Reputational damage, particularly for consumer-facing companies operating online, which can include negative media coverage, social media criticism, and reduced consumer trust;
- Commercial risks, such as partners or distributors refusing to collaborate with non-compliant companies.
It is also important to note that responsibility for accessibility can be shared. For example, platforms or distributors providing digital content (e.g., e-books, apps) must ensure that their partners or content providers also comply with accessibility requirements.
Documenting accessibility efforts and maintaining evidence of good-faith actions can help mitigate penalties, demonstrate compliance, and support brand credibility.
How IFORI can assist
Our IP and Legal Teams can assist you in preparing for the EAA and mitigating compliance risks.
We offer:
- A legal assessment to determine whether your website, webshop, app, or digital product falls within the scope of the EAA;
- A compliance audit reviewing both the technical and legal aspects of accessibility (in cooperation with technical partners if necessary);
- Drafting or review of your Accessibility Statement, to complement your existing privacy and cookie policies;
- Strategic advice on implementation and documentation to demonstrate compliance.
For more information or to assess your company’s exposure under the EAA, please contact us.
