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EU

Relevant Acts

The European Accessibility Act is the legislation that states some products and services need to be accessible to those with disabilities. It includes e-readers, computers, smartphones, websites and access to audio-visual media services, and is particularly targeted at the private sector, as well as suppliers to public organisations. It is based on the UN Convention on the Rights of Persons with Disabilities and was passed in 2019. 

It comes into force on 28 June 2025. Current requirements align with and reference Web Content Accessibility Guidelines (WCAG) 2.1 AA, but this new updated version is widely interpreted as aligning with Web Content Accessibility Guidelines (WCAG) 2.2 AA.

There is also a separate EU Web Accessibility Directive, which applies to public sector websites and apps (and downloadable/embedded documents on them), and is applicable in all countries in Europe and in the European Economic Area.

The directive requires:

  • an accessibility statement for each website and mobile app;

  • a feedback mechanism so that users can flag accessibility problems or request access to inaccessible content;

  • regular monitoring of public sector websites and apps by Member States and reporting on the results.

The European standard for accessibility requirements for ICT products and services is called EN 301 549. Complying with this standard is a way for public sector bodies to meet the mandatory technical requirements of the current Web Accessibility Directive. Annex A of EN 301 549 explains how this can be done. EN 301 549 version 3.2.1 also includes additional requirements that are not part of WCAG 2.1. Therefore, demonstrating that a website meets all the success criteria of WCAG 2.1 is not sufficient to provide a presumption of conformity with the Web Accessibility Directive.

New requirements in future versions of EN 301 549 or WCAG will not automatically become legally relevant to the Web Accessibility Directive. This will only be the case if these new requirements are included in Annex A of a new harmonised version of EN 301 549. It is expected that new versions of Annex A will align with Web Content Accessibility Guidelines (WCAG) 2.2 AA.

Intepretation of whether these acts apply to small diamond open access publishers

Standards referenced in these acts and how they are audited

EN 301 549 Annex A is the standard required to be compliant with EU legislation, and it is roughly similar to WCAG 2.1 AA

National authorities will be responsible for carrying out regular compliance checks, including reviewing complaints and following up on any reported non-compliance.

Exemptions

Microenterprises with less than 10 employees and an annual turnover less than EUR 2 million or an annual balance sheet total less than EUR 2 million are exempt from the EAA accessibility requirements for services. They are also exempted from the requirement to document their assessment.

The EAA does not apply to the following content on websites and mobile applications:

  • pre-recorded time-based media published before June 28, 2025

  • office file formats published before June 28, 2025

  • online maps and mapping services, if essential information is provided in an accessible digital manner for maps intended for navigational use

  • third-party content that is neither funded, developed by, or under the control of the organisation using the content

  • archived content that is not updated or edited after June 28, 2025

There is also an exemption if accessibility would impose a disproportionate burden or require a significant change to products and services. Companies need to analyse and assess whether this exception would apply, and document the assessment, including:

  • The ratio of the costs of compliance to the overall costs of the economic operators.

  • The estimated costs and benefits in relation to the estimated benefits to persons with disabilities and the ratio of the net costs of compliance to the net turnover.

A simple lack of priority, a lack of time, or a lack of knowledge are not permissible excuses for non-compliance.

How to evidence undue burden

Disproportionate Burden Assessments

What Makes a ‘Good’ Disproportionate Burden Assessment?

More information:

Examples:

Copyright in the UKEU is covered by separate legislation in each country; these are broadly in alignment, although not completely the same everywhere. The Copyright,European DesignsCommission provides an overview and Patentssome Act.guidance. Exceptions to copyright are required under international legislation covered by the Marrakesh Treaty for print disabled/visually impaired people. This international law does not cover other impairments, such as dyslexia, but themay UK’be captured in individual European member’s Intellectualstate’s Property Office guidance does, as long as the person has lawful access to the original work and there are no commercially available accessible versions. legislation.

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