Index
In our article ‘The role of accessibility in the user experience’, we dedicated a special section to the accessibility laws applied in Italy and at European level, mentioning the so-called EU Directive 2016/2102. The latter states that public administration websites and mobile applications must be accessible to everyone, in particular people with disabilities, by complying with specific technical requirements, monitoring obligations and updates.
However, a new development is on the way, affecting not only EU member states but also those outside the EU who offer products and services to European consumers. It concerns the mandatory application of the European Accessibility Act (EAA) as of 28 June 2025, which also extends accessibility requirements for products and services to the private sector. Let us look in more detail at what this is all about.
The background
By European Accessibility Act we refer to EU Directive 2019/882, a directive that was approved in 2019 and that had to be transposed and thus integrated into the national laws of the Member States by 28 June 2022 (In Italy, the directive was transposed through Legislative Decree no. 82 of 27 May 2022). As of 28 June 2025, the directive will become mandatory for the parties involved, that will have to comply with the obligations imposed subject to controls and sanctions if this is not the case.
The directive originated from the need to improve the accessibility of products and services not only for people with disabilities, but also for people with functional limitations, such as elderly people, pregnant women and people travelling with luggage. Furthermore, it aims to improve the functioning of the internal market by attempting to standardise legislation on accessibility itself.
The directive originated from the need to improve the accessibility of products and services not only for people with disabilities, but also for people with functional limitations, such as elderly people, pregnant women and people travelling with luggage. Furthermore, it aims to improve the functioning of the internal market by attempting to standardise legislation on accessibility itself.
Application
Officially, the directive applies to economic operators offering a range of products and services placed on the market after 28 June 2025, including:
- consumer general purpose computer hardware systems and operating systems
- self service terminals (e.g. check-in and ticketing)
- terminal equipment for electronic communications services and for accessing audiovisual media services
- e-readers
- electronic communications services
- air, bus, rail and waterborne passenger transport services (except for urban, suburban and regional transport services)
- consumer banking services and e-commerce services
- website and mobile application content
An economic operator is defined as 'the manufacturer, the authorised representative, the importer, the distributor or the service provider'.
However, there are two cases of exemption:
However, there are two cases of exemption:
- Microenterprises with less than 10 employees and an annual budget of less than EUR 2 million.
- Some companies that meet certain criteria may be able to demonstrate a disproportionate burden and be exempted.
Implementation and sanctions
Unlike the WCAG, the European Accessibility Act does not indicate any specific accessibility standards. However, there is a European standard, namely EN 301 549, which applies to websites, mobile applications and electronic documents (PDF, Word, etc.).
This standard is largely based on the guidelines set out in WCAG 2.1 AA, but is being updated to the current standard, which was released at the end of 2023, i.e. WCAG 2.2.
The European Commission will work together with multiple organisations (organisations of persons with disabilities, consumers, economic operators and standardisation bodies) to ensure that companies adhere to the EAA through regular audits. EU Member States must also report on the status of compliance.
Member States will have to declare how they are meeting the accessibility requirements in a report by 28 June 2030 and every five years thereafter. Consumers can also file complaints. If a company does not comply with the EAA, each member state will have to provide specific fines and penalties for non-compliance.
Article 30 under the sanctions section states: 'The penalties provided for shall be effective, proportionate and dissuasive. Those penalties shall also be accompanied by effective remedial action in case of non-compliance of the economic operator'.
This standard is largely based on the guidelines set out in WCAG 2.1 AA, but is being updated to the current standard, which was released at the end of 2023, i.e. WCAG 2.2.
The European Commission will work together with multiple organisations (organisations of persons with disabilities, consumers, economic operators and standardisation bodies) to ensure that companies adhere to the EAA through regular audits. EU Member States must also report on the status of compliance.
Member States will have to declare how they are meeting the accessibility requirements in a report by 28 June 2030 and every five years thereafter. Consumers can also file complaints. If a company does not comply with the EAA, each member state will have to provide specific fines and penalties for non-compliance.
Article 30 under the sanctions section states: 'The penalties provided for shall be effective, proportionate and dissuasive. Those penalties shall also be accompanied by effective remedial action in case of non-compliance of the economic operator'.
How to comply with the EAA
There are several concrete steps you can take to be compliant, namely:
- Technical compliance: carry out audits and correct any deficiencies by complying with EN 301 549, which regulates in detail the functional accessibility requirements applicable to ICT products and services, and with level AA criteria of WCAG 2.2.
- Inclusive design: try to involve people with disabilities in testing and use accessible patterns, avoiding cognitive and sensory barriers.
- Documentation: create accessibility declarations and accessibility evaluations.
- Training: train your team and define control processes on accessibility for continuous compliance.
If you are uncertain about whether your company is required to comply with the EAA, are preparing an official accessibility document, are signing contracts with public authorities or large companies, or simply wish to better understand how to comply with the regulations, it is worth consulting with an experienced legal advisor.
Conclusion
The entry into force of the European Accessibility Act is a key step towards a more inclusive and digital Europe for all. By June 28, 2025, companies and organisations will have to ensure that digital products and services are also accessible to people with disabilities.
This is not just a regulatory obligation, but a concrete opportunity to innovate responsibly, reach more users and demonstrate commitment to inclusion.
This is not just a regulatory obligation, but a concrete opportunity to innovate responsibly, reach more users and demonstrate commitment to inclusion.
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