European Accessibility Act: digital products and services must be accessible to all
On June 28, 2025, the European Accessibility Act came into force requiring that all digital products and services must be accessible to people with disabilities. Here we’ll discuss which companies, products, and services the Act applies to, what disabilities should be taken into account, and what the consequences are of not complying with the Act.
As regulated by the European Accessibility Act, since June 28, 2025, no digital products and services may be offered in the European Union (EU) that are not accessible to persons with disabilities. An alternative must always be available, depending on the disability, also taking due account of privacy. This legislation is in line with consumer protection by the EU, which also includes, the European Product Safety Regulation, which came into force on December 13, 2024.
Which organizations does the act apply to?
Whereas previous accessibility legislation only applied to governments, the new law also applies to commercial companies. However, there is an important exception to this: companies with fewer than 10 employees or less than €2 million in turnover do not have to comply with the legislation. Also, the law does not apply to business-to-business (B2B) services.
Which products and services are covered by the law?
- e-commerce, such as online shops
- PIN machines and ATMs
- telephones
- computers and software for them
- electronic communication services, including telephone and internet services
- access services to audiovisual media services, such as websites, online applications, and services based on mobile devices, such as apps and associated media players
- ticket machines for passenger transport in public transport, as well as for air travel
- machines for checking in and out
- e-readers and e-books
- consumer banking services
The law applies to all products and services provided in the EU. It therefore also applies to non-EU products and services imported here.
What disabilities should be considered?
The EU regulation includes a comprehensive list of accessibility requirements that enable people with disabilities to use digital products and services. In addition, the regulation lists the disabilities that all products and services must take into account.
- blindness: products or services with visual controls have at least one mode of operation that does not require vision
- limited vision: products or services with visual modes of operation shall have at least one mode of operation available that allows users with reduced vision to operate the product
- color-blindness: for products or services with visual operating modes, at least one operating mode is available that does not require the user to perceive color
- deafness: for products or services with auditory modes of operation, at least one mode of operation is available that does not require hearing
- limited hearing: for products or services with auditory modes of operation, at least one mode of operation with enhanced audio features is available that allows users with impaired hearing to operate the product
- no voice: for products or services requiring voice input from users, at least one mode of operation is available that does not require voice input (any orally-generated sounds, such as speech, whistles, or clicks)
- limited manipulation or strength: for products or services that require manual actions, at least one control mode is available that allows users to use the product through alternative actions that do not require fine motor and manual skills or simultaneous operation of more than one control at the same time
- limited reach: operational elements of products shall be within the reach of all users; products or services with manual control modes have at least one control mode available that can be operated with limited reach and strength
- susceptibility to photosensitive seizures: in products with visual control modes, no control modes must be avoided that are known to cause photosensitive seizures
- limited cognitive ability: products or services shall provide at least one operating mode with features that make them simpler and easier to use
- privacy: for products or services that include accessibility features, at least one control mode is available that ensures user privacy when using these accessibility features
Note that access to devices intended for use by the public in a public place is also covered by this directive. However, this will often already be regulated under other directives, for example, access to PIN, cash, and ticket machines for wheelchair users.
How far should you go with changes to your product or service?
You do not have to comply with the law if it results in a fundamental change to your product or service, or if it involves a disproportionate burden. What is meant by this?
A fundamental change means that you are in effect going to offer a different product or service to meet accessibility requirements. This is not likely to be the case any time soon. If it does, you still need to ensure that your product is accessible to as many people as possible.
A disproportionate burden means that the costs you have to incur to make the product accessible are disproportionate to the benefit people with disabilities receive as a result. Even in this case, the product should still be as accessible as possible. And of course, you can no longer invoke this if you have received money to make your product or service accessible to people with disabilities.
Sanctions
If you fail to comply, you can receive a fifth-category administrative fine. This is an amount of up to € 103,000 (as of January 1, 2024). The amount can be adjusted annually.
Transitional law
The law is subject to transitional law until June 27, 2030. Until that date, services may be provided using products whose use is lawful before June 28, 2030. For example, a TV subscription provided via a modem that was installed before June 28, 2025, or a telephone subscription that includes the phone itself. Service contracts continue until their expiry date, but no later than June 27, 2030. If you do not require special products to provide your service (for example, websites and online shops), no transitional law applies and you should therefore have complied with the law since June 28, 2025.
Self-service terminals may be used until end-of-life, or a maximum of 20 years after June 27, 2025. However, software updates will have to take accessibility requirements into account as much as possible. If the hardware makes it impossible to fully meet the legal requirements, it does not have to be replaced.
Need help?
Do you want to know whether the European Accessibility Act applies to your business, products, and services? Has a fine been imposed on you? Legal experts, like those at Russell Advocaten are happy to assist you.