The European Accessibility Act (Directive (EU) 2019/882 – How does it affect regulators in Ireland?

Why It Matters

The Act, transposed into Irish law via Statutory Instrument No. 636 of 2023, came into effect in Ireland on 28 June 2025. It requires that products and services from banking apps to audiovisual platforms be accessible to all users, including those with disabilities. This includes not only content (e.g. subtitles, screen reader compatibility) but also user interface design, navigation, and digital functionality.

To ensure successful implementation, Ireland has designated several authorities as being responsible for the implementation of the Act.  These bodies are now responsible for ensuring that products or services which they regulate are provided in a way which is compliant with the Act.

Expanded Mandates

The Act creates two categories of relevant authority. The first is the 'market surveillance authority' designated as the Competition and Consumer Protection Commission. In broad terms this function involves ensuring that products placed on the market meet the mandatory accessibility requirements set out in the Act.

The second are compliance authorities. These regulatory bodies now have expanded mandates in order to ensure various services are provided in a way that is compliant with the Act. The designated compliance authorities are:

• Central Bank of Ireland.
• Coimisiún na Meán.
• Competition and Consumer Protection Commission (CCPC) (in addition to its role as a market surveillance authority).
• ComReg.
• Irish Aviation Authority.
• National Transport Authority

The designation of these compliance authorities provides them with a role ensuring compliance with the Act by checking the compliance of services, following up on complaints, and verifying that corrective action is taken. They are also empowered to consider complaints against product and service providers for non-compliance with the Act. As such, regulators must ensure that:

• Accessible channels exist for consumers to report non-compliance; and
• Complaints are investigated and resolved promptly.

Enforcement and Penalties

The primary enforcement mechanism available to relevant authorities is the issue of directions requiring a product or service provider to take corrective action to bring a product or service into compliance with the Act. In instances of non-compliance, these directions are enforceable by way of application to the Circuit Court.

In addition, the market surveillance authority has the power, where there is non-compliance with a direction, to issue a measure that prohibits or restricts a product from entering the market and mandating a product be withdrawn.

Both directions and measures are subject to appeal to the District Court.

The Act also provides for offences specified in the Act to be prosecuted summarily by the relevant authority which carries out the function related to the alleged offence.

Penalties for offences prosecuted summarily include fines of up to €5,000 per offence and / or imprisonment for up to six months.

Conviction on indictment can result in fines up to €60,000 per offence and / or up to 18 months of imprisonment.

Coordination

Relevant authorities also now have a function of maintaining data and information necessary to inform a periodic report by the EU Commission on the accessibility of products and services. This measure will allow for review of the effectiveness of the Act and potential areas for further reform.

Final Remarks

It is clear that the European Accessibility Act is not just a compliance checklist; it represents a paradigm shift in how accessibility is regulated across the EU. For regulatory bodies in Ireland, it introduces new powers, greater responsibilities, and complex challenges.

Successful implementation will depend on:

• Analysing the scope of expanded regulatory mandates.
• Responding effectively to non-compliance and consumer complaints.
• Co-ordinating with other relevant authorities and authorities at EU level.

Ultimately, this is an opportunity to embed accessibility into Ireland’s regulatory landscape, ensuring that all consumers, regardless of ability, can access essential services.

Written by: Sinéad Taaffe, Barry O'Kelly and Órfhlaith McAnespy