Incoming EU Product and Service Accessibility Requirements: Is Your Business Ready?

The EAA was required to be transposed by EU Member States into their domestic laws by 28 June 2022.  From 28 June 2025, when those domestic laws are required to take effect, companies must ensure that newly marketed products and services covered by the EAA meet accessibility requirements.   

The EAA applies to a range of supply chain actors: manufacturers, authorised representatives, importers and distributors.  This means that companies based outside of the EU – such as in the UK or US – will need to ensure that the products and services they supply into the EU are compliant. 

What products and services does the EAA apply to?

The EAA covers specific products and services that were identified as being most important for persons with disabilities while also being most likely to have diverging accessibility requirements across the EU. 

In broad terms, the products and services are:

Products:

• consumer general purpose computer hardware systems and operating systems for those hardware systems;
• self-service terminals including payment terminals, ATMs and check-in kiosks:
• consumer terminal equipment with interactive computing capability, used for electronic communications services;
• consumer terminal equipment with interactive computing capability, used for accessing audio-visual media services; and
• e-readers.

It is important to note that, in addition to the product categories stated above, the recitals (introductory paragraphs) to the EAA potentially expand its scope further.  For example, Recital 30 provides that "equipment used as part of the setup in accessing electronic communications services such as a router or a modem" are in scope. 

Services:

• electronic communications services;
• transport ticketing, apps and information services
• services providing access to audio-visual media services;
• consumer banking services;
• e-books and dedicated software; and
• e-commerce services.

What are the accessibility requirements?

The EAA identifies the product features and service features that must be accessible for persons with disabilities. The EAA does not impose detailed technical restrictions to make products and services accessible. This allows room for innovation and flexibility in how access is delivered to consumers. 

The EAA contains a list (in Annex 2) of indicative and non-binding examples of possible solutions to a range of accessibility requirements (in Annex 1). 

Are there any exemptions from the EAA's requirements?

So-called 'microenterprises' (small businesses with fewer than 10 employees and which have an annual turnover not exceeding EUR 2 million or an annual balance sheet total not exceeding EUR 2 million) which provide services (and not products) are exempted from the obligations of the EAA.

There will be a limited service-focused transitional period ending on 28 June 2030 during which service providers may continue to provide their services using products which were lawfully used by them to provide similar services before that date.  Service contracts agreed before 28 June 2025 may continue without alteration until the earlier of their expiry or 28 June 2030. 

Further, Member States can allow self-service terminals which were in use before 28 June 2025 to continue to be used in the provision of similar services until the end of their economically useful life, but for no longer than 20 years after their entry into use.  The applicability of these transitional measures to any particular service or product can be a complex assessment. 

Other specific exemptions include where compliance would:

• lead to a 'fundamental alteration' to a product or service; and
• impose a disproportionate economic burden based on a cost/benefit test.

Will the EAA be applied uniformly across the European Union?

As an EU directive which requires transposition into domestic law, the actual application of the EAA has the potential to vary across the EU.  For example, one Member State could consider that a company is providing an in-scope product or service when another Member State does not.  There appears to be a real risk of this occurring given the relatively broad categories of product and services listed in the EAA. 

Member States may therefore be faced with challenging questions as to whether a particular product or service falls within the scope of the EAA's requirements.  Certain categories, such as 'e-commerce services' are potentially very broad.  This will inevitably make it difficult for businesses to ensure that they and their products and services are in compliance with the EAA. 

What are the penalties for non-compliance?

From 28 June 2025, consumers will be able to file complaints before Member State courts or authorities if services or products do not respect the new rules. 

While Member States may elect to create new EAA-specific penalties, they may also decide to build EAA compliance into their existing consumer protection regimes.  Such penalties could include fines, criminal or administrative convictions and the impoundment of non-compliant products.  

What should affected companies be doing?

Given the imminent implementation of the EAA, companies should:

• assess whether their products and/or services are in scope;
• for in scope products and services, identify which EAA requirements apply; and
• prioritise, from a risk-based perspective, which products and services should be brought into compliance first. 

Is there a UK equivalent to the EAA?

The EAA does not apply in the UK and there is nothing directly comparable to it.  The Equality Act 2010 (EA) requires 'reasonable adjustments' to be made to ensure that services, including digital services, are accessible to people with disabilities.  The EA does not, however, impose prescriptive requirements in the same way that the EAA does. 

If you need assistance

If you would like to discuss any of the issues raised in this article with a Fieldfisher lawyer, please contact Aonghus Heatley, a senior EU-qualified lawyer in the firm's Regulatory team, or your usual Fieldfisher contact.

Aonghus, alongside his colleague across Fieldfisher's international network, regularly advises manufacturing and retail businesses on EU and UK product law requirements.