knowledge 23 April 2024 |

Preparing for the European Accessibility Act

The EAA and the Regulations will have significant implications for businesses in a range of sectors, particularly online retail, banking, telecommunications, technology, media, and transport services. Organisations will need to consider whether they provide in-scope products or services, and if they do, develop and implement a plan to achieve compliance by 28 June 2025.

Background

The EAA follows a commitment on accessibility made by the EU and all EU Member States upon ratifying the United Nations Convention on the Rights of Persons with Disabilities. Directive (EU) 2016/2102 previously introduced accessibility requirements for websites and mobile applications of public sector bodies. The obligations under the EAA and the Regulations significantly extend these obligations and importantly, apply equally to economic operators from the public and private sectors.

What products and services are in-scope?

The EAA and the Regulations apply to products and services which have been identified as being important for persons with disabilities and likely to have diverging accessibility requirements across the EU. Given their increasing importance for communication and participation in the economy, digital technologies are the main focus of the EAA and the Regulations.

The Regulations apply to the following products placed on the market on or after 28 June 2025:

1. consumer general purpose computer hardware systems and their operating systems;
2. payment terminals;
3. self-service terminals such as ATMs, ticketing machines, check-in machines and interactive self-service terminals providing information;
4. consumer terminal equipment with interactive computing capability, used for electronic communications services or for accessing audiovisual media services (e.g. smartphones); and
5. e-readers.

The Regulations also apply to the following services provided to consumers on or after 28 June 2025:

1. electronic communications services, other than transmission services used for the provision of machine-to-machine services;
2. services providing access to audiovisual media services;
3. websites, mobile device-based services including mobile applications, electronic tickets and electronic ticketing services, delivery of transport service information, including real-time travel information and interactive self-service terminals located within the territory of the EU for air, bus, rail and waterborne passenger transport services;
4. interactive self-service terminals located within the territory of the EU for urban and suburban transport services and regional transport services
5. consumer banking services;
6. e-books and dedicated software; and
7. e-commerce services.

For these purposes, ‘e-commerce services’ is likely to be the category that will be of relevance to the broadest range of organisations. It is defined as “services provided at a distance, through websites and mobile device-based services by electronic means and at the individual request of a consumer with a view to concluding a consumer contract”.

What are the accessibility requirements?

Schedule 1 of the Regulations outlines general and specific accessibility requirements applicable to the in-scope products and services. Products must be designed and produced in such a way as to maximise their foreseeable use by persons with disabilities and must be accompanied where possible in or on the product by accessible information on their functioning and on their accessibility features.

The Regulations require that information on the use of the product, whether provided on the product itself or made available through the use of the product or through other means such as a website, amongst other requirements, must be made available via more than one sensory channel, presented in an understandable way, and presented to users in ways they can perceive. The Regulations also include detailed accessibility requirements in respect of user interface and functionality design for in-scope products, including that when the product provides for communication, including interpersonal communication, operation, information, control and orientation, it must do so via more than one sensory channel, including providing alternatives to vision, auditory, speech and tactile elements.

There are limited exemptions from the accessibility requirements. An in-scope product or service will not be required to comply with these where this would:

1. require a significant change in the product or service that results in the fundamental alteration of its basic nature, or
2. result in a disproportionate burden on the economic operator concerned.

and this has been set out in a documented assessment.

To whom do the Regulations apply?

The Regulations apply to “economic operators” in respect of in-scope products and services. In relation to a product, this includes manufacturers, importers, distributors and authorised representatives. In relation to services, it means a service provider. Given the wide range of in-scope products and services detailed below, these Regulations will apply across a range of industries.

What happens if my business or organisation doesn’t comply?

The EAA does not set out specific enforcement measures or penalties. Instead, each Member State is required to ensure that adequate and effective means exist to ensure compliance with the EAA. Each Member State must also lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to the EAA, and the penalties provided for must be penalties “effective, proportionate and dissuasive”.

The Regulations clarify who the relevant authorities in Ireland will be for ensuring compliance with the accessibility requirements. The Competition and Consumer Protection Commission will be the market surveillance authority for in-scope products. The compliance authorities for in-scope services will depend on the relevant in-scope service and include the Commission for Communications Regulation, Coimisiún na Meán, the Irish Aviation Authority, the National Transport Authority, the Central Bank of Ireland, and the Competition and Consumer Protection Commission.

The market surveillance authority and compliance authorities are given enforcement powers under the Regulations, including the power to issue directions to economic operators to comply with the Regulations. Consumers are also empowered to apply to the Circuit Court for an order directing compliance where they believe that an economic operator has failed or is failing to comply with a requirement of the Regulations.

A person who fails to comply with the requirements of the Regulations commits an offence and may be liable:

1. on summary conviction, to a class A fine (up to €5,000) or imprisonment for a term not exceeding 6 months or both, or
2. on conviction on indictment, to a fine up to €60,000 or imprisonment for a term not exceeding 18 months or both.

Where a company commits an offence under the Regulations, a director, manager, secretary or other officer of the company can also be personally liable for the offence committed by the company, if it is proven to have been committed with that individual’s consent, connivance or approval of, or to be attributable to their wilful neglect.

What can my business or organisation do now?

As the effective date of the Regulations approaches, organisations should assess their applicability to their business and, where required, prepare to implement the steps that will be required to ensure compliance from 28 June 2025.