EU
Relevant Acts
The European Accessibility Act (EAA) is the legislation that states some products and services need to be accessible to those with disabilities. It includes a wide range of devices and online based digital products and services including e-readers, computers, smartphones, payment terminals, websites and access to audio-visual media. It includes all economic providers/economic operators which includes both the public and private sector. It is based on the UN Convention on the Rights of Persons with Disabilities and was passed in 2019, and comes into force on 28 June 2025.
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. This is applicable to organisations selling to the public sector as well, but just includes online experiences, rather than digital hardware as in the EAA.
The directive requires:
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an accessibility statement for each website and mobile app;
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a feedback mechanism so that users can flag accessibility problems or request access to inaccessible content;
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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. 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
European Accessibility Act
Seeing as the EAA applies to both the public and private sector as long as they are economic operators (as in, an organisation providing products and services, one that needs money to run) then yes EAA applies to diamond open access publishers, but only if there are more than 10 employees AND an annual turnover of more than EUR 2 million. Anything else the legislation refers to as a 'micro-enterprise' making them automatically exempt, which many small publishers will be classed as.
If these organisational limits are exceeded, then the EAA specifically references eBooks, "In the context of e-books, the concept of a service provider could include publishers and other economic operators involved in their distribution." This is not the clearest description of applicability, and it includes the word 'could', and given this it would be advisable to consider the legislation as applicable anyway to avoid problems (but only if you're not classed as a micro-enterprise).
If applicable, the EAA does not specify a technical standard and leaves compliance details down to member states. It is often advised to presume WCAG AA compliance plus a published accessibility statement is the default.
EU Web Accessibility Directive
The Web Accessibility Directive defines the public sector as:
- State, regional, and local authorities
- Bodies governed by public law and financed via public contract (there is a full definition of this in point (4) of Article 2(1) of Directive 2014/24/EU)
- Associations formed by those above, if those associations are established for the specific purpose of meeting needs of general interest, and do not have an industrial or commercial character
Therefore, the Web Accessibility Directive applies if the publisher is part of a public body i.e. a university, but probably also if the publisher has received public funding to start up, or if any content has received public funding at any part of its creation, for example, it has received public money to fund the research, or the publication of the monograph. Where this is unclear, again it would be advisable to consider the legislation as applicable anyway to avoid problems. The legislation covers websites, and embedded or downloadable files from them.
This does not constitute legal advice.
More information about legislative requirements:
AbilityNet - European Accessibility Act
Digital Accessibility Centre - The European Accessibility Act: Understanding Digital Accessibility
Web Accessibility Directive: Frequently Asked Questions
European Commission - Web Accessibility
European Disability Forum - Web Accessibility Directive
Standards referenced in these acts and how they are audited
EN 301 549 Annex A is the standard required to be compliant with EU Web Accessibility Directive, and it is roughly similar to WCAG 2.1 AA. Annex A 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.
More information about auditing:
Accessibility Statements
More information about accessibility statements:
Examples of accessibility statements:
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:
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pre-recorded time-based media published before 23 September 2018
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office file formats published before June 28, 2025
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online maps and mapping services, if essential information is provided in an accessible digital manner for maps intended for navigational use
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third-party content that is neither funded, developed by, or under the control of the organisation using the content
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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:
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The ratio of the costs of compliance to the overall costs of the economic operators.
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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.
More information about exemptions:
How to evidence undue burden
Disproportionate Burden Assessments
What Makes a ‘Good’ Disproportionate Burden Assessment?
More information about disproportionate burden:
Examples of disproportionate burden assessments:
Copyright Legislation
Copyright in the EU is covered by separate legislation in each country; these are broadly in alignment, although not completely the same everywhere. The European Commission provides an overview and some 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 may be captured in individual European member’s state’s legislation.