European Accessibility Act in questions and answers

Learn about the European Accessibility Act: its impact, requirements, and benefits for businesses and users with disabilities.

The European Telecommunications Standards Institute (ETSI) has published EN 301 549 v3.2.1, which is the harmonized European standard for Information and Communication Technology (ICT) accessibility.

This standard aims to ensure that ICT products and services are accessible to people with disabilities, aligning with the Web Content Accessibility Guidelines (WCAG). It covers a wide range of devices and services, including websites, mobile apps, and software, among others. The standard is designed to promote equal access to digital technologies, supporting individuals with various types of disabilities, such as visual, auditory, cognitive, motor, and speech impairments. By adhering to this standard, organizations can enhance the inclusivity and usability of their digital offerings, contributing to a more accessible digital environment for all users.

The Act is a Directive, which means it sets binding accessibility goals upon ratifying the United Nations Convention on the Rights of Persons with Disabilities but leaves it to the Member States of the European Union to decide how they want to achieve them. It was implemented in 2019 and completes and complements existing accessibility-related EU laws.

What is the standard EN 301 549?

EN 301 549 is a European standard that sets accessibility requirements for Information and Communications Technology (ICT) products and services within the European Union. Developed by the European Standardization Committees CEN, CENELEC, and ETSI, it aims to ensure that ICT products and services are accessible to all individuals, including those with disabilities.

This standard is particularly significant for public sector entities in the EU, which are required to comply with it by specific deadlines. For instance, all semi-public sector websites were mandated to meet the standard by September 23, 2020, and mobile apps by June 23, 2021, as per the Web Accessibility Directive 2016/2102. The private sector is also affected with the European Accessibility Act (EU Directive 2019/882) requiring certain sectors to adhere to these standards by June 28, 2025.

The standard is structured to address various aspects of ICT accessibility, including descriptions of the needs of persons with disabilities, organized accessibility requirements by functions or product features, and relationships between requirements and functional performance statements. It is designed to be self-scoping, meaning that if a precondition is met by a product or service, then it must conform to the actual requirement.

How does WCAG relate to the European Accessibility Act (EAA)?

EN 301 549 aligns closely with the Web Content Accessibility Guidelines (WCAG) by adopting WCAG 2.1 AA as its core, following the same structure for web, non-web documents, and non-web software like mobile apps. It emphasizes the principles of Perceivable, Operable, Understandable, and Robust (P.O.U.R.) to ensure digital content is accessible to all users. Additionally, it extends beyond WCAG by covering areas such as biometrics, ensuring that technologies that scan biological data are accessible to people with disabilities.

The section C.9 of EN 301 549 focuses on web accessibility, detailing the general requirements and guidelines for making websites accessible to all users, including those with disabilities. This section is structured around the core principles of web accessibility, which are derived from the Web Content Accessibility Guidelines (WCAG) 2.1 AA standards. The principles include being perceivable, operable, understandable, and robust (POUR).

• Perceivable. How can I use the interface or controls if I can’t see properly or hear clearly? How do I get access to the interface or controls? This involves providing text alternatives for non-text content, ensuring sufficient color contrast, and offering captions and audio descriptions for multimedia content.
• Operable. How can I use the controls if I can’t see the mouse cursor or move the mouse effectively? This means ensuring that navigation mechanisms are consistent, that users can navigate and find content, and that input assistance is available for users with motor impairments.
• Understandable. Can I clearly determine the meaning, organization, and relationships between the content? This involves clear error identification, predictable movement of focus, and consistency in idiom, terminology, and layout.
• Robust. Can my browser and/or assistive technology reliably understand the content and controls? This involves using semantic HTML, avoiding deprecated elements, and ensuring compatibility with current and future user agents.

Additionally, Section C.9.5 provides informative guidance on the WCAG 2.1 AAA Success Criteria, which offer more stringent requirements for achieving the highest level of web accessibility. However, it’s noted that achieving Level AAA conformance might not be feasible or necessary for all content due to the extensive nature of these criteria.

How does EN 301 549 differ from other accessibility standards like WCAG or Section 508?

EN 301 549 differs from other accessibility standards like WCAG (Web Content Accessibility Guidelines) and Section 508 in several key aspects.

Geographical Scope

EN 301 549 is a European standard developed by CEN, CENELEC, and ETSI, aimed at setting requirements for public procurement of ICT products and services within the European Union and by the European Free Trade Association (EFTA). On the other hand, WCAG is an international standard developed by the World Wide Web Consortium (W3C) and is applicable globally. Section 508, part of the US Rehabilitation Act of 1973, applies to all U.S. government agencies and departments, as well as organizations that receive federal funding.

Focus on procurement

EN 301 549 specifically targets the procurement process for ICT products and services by public entities, ensuring that suppliers meet certain accessibility standards. This contrasts with WCAG, which provides guidelines for making web content and web applications accessible, and Section 508, which ensures that electronic and information technology developed, procured, maintained, or used by the federal government is accessible to people with disabilities.

However, WCAG also started focusing on non-web areas and introduced Guidance on Applying WCAG 2.2 to Non-Web Information and Communications Technologies (WCAG2ICT) (draft as of June 24, 2024). WCAG2ICT provides guidance on how the Web Content Accessibility Guidelines (WCAG) can be applied to non-web information and communications technologies (ICT), including documents and software.

Coverage beyond web content

While WCAG focuses on web content and web applications, with an exception for WCAG2ICT, EN 301 549 extends beyond this scope to cover a wider range of ICT products and services, including hardware, self-service kiosks, and other technologies. Additionally, EN 301 549 includes provisions for biometric systems, which require that people with disabilities have access to technology that scans biological data, such as facial recognition or fingerprints. This aspect distinguishes EN 301 549 from WCAG, which does not explicitly address biometric systems.

Adoption and enforcement

EN 301 549 has been adopted by the 28 member states of the European Union, as well as other diplomatic organizations and countries, influence global accessibility requirements through the EU’s economic and political weight. In contrast, WCAG serves as a guideline and is not legally binding on its own, though it is often measured against for compliance in various jurisdictions. Section 508, being part of U.S. federal law, has specific enforcement mechanisms through the Department of Justice and the US Access Board.

Why it was created?

The European Accessibility Act will improve the lives of at least 87 million people, or about one in five Europeans, who have impairments, many of whom are older individuals, as well as those who just temporarily experience a disability. The new regulations will make it easier for these individuals to use transport, financial services, computers, TVs, e-books, online stores, and a variety of other products. Accessibility is a requirement for people with disabilities to participate in society on the same level as others.

The common accessibility criteria of the Act will benefit businesses as well as customers. On the one hand, businesses (especially SMEs) will find it simpler to conduct business with other EU nations and will have more confidence that they can provide their goods and services across the EU. Implementing accessibility impacts innovation that enables products and services for more users.

What steps must businesses take right now to implement the act?

Businesses that offer goods and services covered by the Act must confirm that they are in conformity with all national laws and regulations in their country that implement the European Accessibility Act. Businesses have three years to make sure that the common EU accessibility standards are met by their goods and services.

What products and services fall under the regulation of the Act?

The following products and services are covered:

Products

• Computers and operating systems
• Smartphones and other communication devices
• TV equipment related to digital television services
• ATMs and payment terminals (e.g., card payment machines in supermarkets)
• E-readers
• Ticketing and check-in machines

Services

• Phone services
• Banking services
• E-commerce
• Websites, mobile services, electronic tickets and all other sources of information for air, bus, rail and waterborne transport services
• E-books
• Access to Audio-visual media services (AVMS)
• Calls to the European emergency number 112

Who does it apply to?

The EAA applies to private companies with at least 10 employees and €2 million annual turnover, as well as public sector organizations. It covers any business selling relevant products or services in the EU, even if it is headquartered outside the bloc.

When will it be enforced?

Goods and services falling under the Act must comply with the accessibility requirements by June 28, 2025 for new products and June 28, 2030 for existing products already on the market.

How European Accessibility Act will be enforced?

Market surveillance

Each member state will establish market surveillance authorities responsible for monitoring compliance with the EAA. These authorities will conduct regular checks to ensure that companies adhere to the accessibility requirements.

Complaint mechanism

Consumers will have the right to file complaints if they encounter non-compliance. They can report violations to national authorities or courts and may also be represented by consumer protection organizations.

Product withdrawals from the market

The European Accessibility Act requires economic operators to take immediate corrective action if a product does not fulfill the Act’s accessibility requirements, including withdrawing it from the market. If one member state removes an inaccessible product from the market, the others must comply. This serves as a strong deterrent to noncompliance with the Act.

Specifically, the Act states that:

• Manufacturers have to ensure that their products comply with accessibility regulations and indicate this on the EU declaration of conformity.
• Importers are obliged to ensure they only import compliant products into the EU market.
• Distributors must suspend offering or distributing a product if they have reason to believe it is non-compliant, until the non-compliance is resolved.

Market Surveillance Authorities are given a prominent role in enforcing product withdrawals under the Act.

Expected penalties for non-compliance

While the exact penalties for non-compliance with the EAA are subject to finalization by the EU member states’ legislation, several types of consequences are typically associated with non-compliance in similar regulatory frameworks:

• Financial penalties: these could include administrative fines imposed by regulatory authorities for violations of accessibility standards. The amount of these fines would likely depend on the severity of the non-compliance and could escalate over time if the issue remains unresolved. While the exact figure of fines are not specified in the EAA, the General Data Protection Regulation (GDPR), which is another EU directive, indicates that fines for non-compliance can reach up to €20 million or 4% of the worldwide annual revenue of the prior fiscal year, whichever is higher.
• Legal consequences: entities failing to adhere to the accessibility requirements might face legal actions initiated by individuals or advocacy groups. Such lawsuits could result in injunctions requiring immediate compliance and potentially substantial damages.
• Reputational damage: beyond direct legal and financial repercussions, non-compliance could significantly harm an organization’s reputation among consumers and stakeholders who prioritize inclusivity and accessibility.

What laws now apply?

The European Accessibility Act does not replace the sector-specific accessibility laws already in place in the EU but rather supplements them. In respect to the Act’s accessibility standards, it defines many topics, including public procurement and EU structural grants.

Exceptions

Some exceptions may be made by EU Member States. For instance, they might give service providers who use self-service kiosks extra time to comply with the new standards. Microbusinesses that offer services are likewise excluded from the Act’s requirements (i.e., small businesses with less than 10 workers). All microbusinesses are urged to make their goods and services accessible to those with impairments.

What are the standard demands made by the Act?

The product and service features that must be accessible to people with impairments are listed in the European Accessibility Act. The Act makes use of useful EU accessibility standards. For the purpose of making goods and services accessible, it does not place extensive technological limitations. This makes room for innovation and flexibility.

For instance, a speech-to-text alternative, adjustable magnification, volume control, or other methods can make a product’s interface accessible. Additionally, the Act mandates that websites disclose details about the services’ accessibility features. Users must be able to access the structure and content of a website and navigate its pages, even when using assistive technology.

When services or goods fail to adhere to the new regulations, what can users do?

The European Accessibility Act establishes a reliable system to guarantee adherence to its accessibility standards. EU Member States must make sure:

• Periodic compliance audits
• Review and follow-up of complaints
• Companies make the necessary improvements.
• People know which government agencies to contact with complaints.

Customers will have the option to complain to national courts or authorities starting on June 28, 2025, if services or goods do not adhere to the new regulations.

Key documents

• The European Accessibility Act: Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (text with EEA relevance) is available in all EU languages. You might start by reading a brief summary of the European Accessibility Act’s regulations.
• Convention On The Rights Of Persons With Disabilities (CRPD). Since the EU and all Member States have signed the Convention, they are required to guarantee that people with disabilities have equal access to the physical environment, transportation, information and communication, and other facilities and services that are accessible to the general public. They must also take the necessary steps to guarantee that private companies that offer publicly accessible facilities and services take into account all relevant aspects of accessibility for people with disabilities.
• General Comment No. 2 (2014) on Article 9: Accessibility provides a more detailed explanation of the EU’s and Member States’ obligations to ensure accessibility for persons with disabilities under the Convention. The document is available in the following languages: English, French, Spanish, Arabic, Russian, and Chinese.

Additional resources

• Access to Public and Private Services – European Disability Forum