No Statement, No Compliance: What webshop operators must know about accessibility statements under the EAA

One of the key requirements, though often overlooked, is the need to provide information assessing how the service meets the accessibility requirements in the general terms and conditions, or an equivalent document; a so-called Accessibility Statement. Service providers must provide that information for as long as the service is in operation.

What is an Accessibility Statement – and who needs one?

An Accessibility Statement is a public declaration about a service's (such as a website or a mobile app) compliance with accessibility requirements. Every service provider offering a service that falls within the EAA's scope is required to prepare such a statement.

According to the EAA, the statement must, inter alia, cover a general description of the service in an accessible format and descriptions and explanations necessary to understand how the service is provided. While the EAA sets the general framework, the actual legal obligations arise from national laws implementing the EAA in each Member State. Here, additional requirements might exist. For example, German law requires service providers to name the competent market surveillance authority in the Accessibility Statement.

This means that a service provider active in multiple EU countries must consider the peculiarities of all Member States in which it is active. This applies even more if a service is made available in different languages as in such cases, several statements including a local language version might be required.

As the statement constitutes a legally relevant document, it is strongly recommended that it be developed in consultation with legal experts to ensure compliance and accuracy.

Why is an Accessibility Statement important?

The Accessibility Statement is more than a formality – it is a practical tool for both users and regulators.

For users, especially persons with disabilities, the statement provides essential transparency: it explains what the service offers, how it meets the applicable accessibility requirements, and how it can be used in an accessible way. This helps people assess whether a digital service – such as a web shop – is suitable for them.

At the same time, the statement serves as a compliance signal. A missing or incomplete statement may indicate that the provider has not properly addressed its accessibility obligations under the EAA. In this sense, the statement functions as a control mechanism: authorities and consumers can quickly see whether accessibility is being taken seriously – or neglected.

By making these details publicly available, the statement promotes legal clarity, accountability, and equal access to digital services across the EU.

Strategic approach for cross-border compliance

Attempting to produce fully separate accessibility statements for each Member State from the outset is rarely practical. Instead, companies may generally use two workable approaches:

• Step-by-step approach: Companies may start with their main market(s) and ensure compliance with the national requirements of the relevant Member State. At a second stage, the initial statement can be reviewed and, if necessary, localised, i.e., adapted to meet the specific requirements of other jurisdictions where the service provider operates. Where required, each statement should also be translated into the respective national language.
   
• Comprehensive approach: Alternatively, companies may attempt to design from the outset a master accessibility statement that covers the peculiarities of every market they operate in. This master version can then be rolled out across jurisdictions. However, local language versions might still be required. In addition, it cannot currently be guaranteed that market surveillance authorities in all Member States will necessarily accept such universal statements without further localisation.

Going forward, companies should monitor ongoing developments: Member States are continuing to refine enforcement procedures and publish guidance. Affected companies must stay informed about updates in each jurisdiction.

The Fieldfisher EAA Desk is ideally equipped to support European players in EAA compliance, as we are deeply connected across jurisdictions and maintain continuous dialogue on both overlaps and distinctions in national regulations. This enables affected companies to benefit from swift and effective cross-border guidance through a single, centralised point of contact.