Accessibility for all: awaiting the EAA

August 2024  |  FEATURE | RISK MANAGEMENT

Financier Worldwide Magazine

August 2024 Issue

In an era where digital transformation is more than just a loaded phrase, the European Union (EU) is helping ensure this transformation is inclusive for everyone with the forthcoming European Accessibility Act (EAA).

Scheduled to come into force on 28 June 2025, the EAA (Directive 2019/882) is a legally-binding piece of accessibility legislation that will impact private-sector companies doing business in EU member states, regardless of where they are headquartered.

The EAA complements and reinforces the 2016 Web Accessibility Directive (WAD) – which came into full effect in June 2021 – but expands it to include companies with digital services operating in the private sector (the WAD only applied to the public sector).

Like its high-profile predecessor the General Data Protection Regulation (GDPR), the EAA applies to any company creating software, digital services or hardware that is sold or used in the EU, meaning its impact will be global.

Moreover, the Act aims to improve the functioning of the internal market for accessible products and services, by removing barriers created by divergent rules in member states, with the ultimate aim of creating an inclusive society and facilitating independent living for people with disabilities.

“The Act aims to make life easier for the 87 million Europeans – almost 20 percent of the EU’s population – who have disabilities and for those who have temporary impairments,” says David Wharram, chief executive of Elixirr Digital. “It will apply to all countries in the EU, as well as international organisations that trade in the EU, excluding those with less than 10 employees or an annual turnover not exceeding €2m.”

Among the products and services affected by the EAA are: (i) computers and operating software; (ii) e-books; (iii) web shops, ATMs, ticket machines and check-in machines; (iv) smartphones; (v) television equipment related to digital television services; (vi) telecommunication services such as apps and websites; (vii) audiovisual media services such as Netflix and Spotify; (viii) online and offline services related to transport, such as ticket machines, apps and websites; and (ix) all financial services.

“Prior to the EAA, national accessibility requirements differed between member states, leading to fragmentation and increasing the burden on industry,” adds Nathalie Koch, a senior associate at Taylor Wessing. “In a nutshell, the EAA provides rules for products and services where consistent accessibility features for people with disabilities are most needed.”

Key benefits

According to the European Commission, the benefits the EAA offers companies across the EU business community include common rules on accessibility leading to cost reduction, easier cross-border trading and, as a result, more market opportunities for accessible products and services.

In the context of the individual, the key benefits are more accessible products and services at more competitive prices, fewer barriers when accessing transport, more education opportunities on the open labour market, as well as more jobs where accessibility expertise is required.

“Products and services will need to meet specific accessibility requirements, meaning they can be detected, accessed and used by people with disabilities in the generally accepted manner, without assistance from others,” says Ms Koch. “The main principle is to provide access to information via two of three senses – hearing, sight and touch.

“Therefore, certain products require technical documentation, a declaration of conformity and a CE marking,” she continues. “The EEA also requires that user instructions are clear, digital content is compatible with screen readers, and closed captioning and help functions are easy to use.”

In the event of non-compliance with the accessibility standards outlined in the EAA, regulatory authorities in a member state may impose fines. The amount of the fine will vary based on the specific location, the nature of the violation and the size of the company.

“In Germany, for example, violations can result in restrictions, products being withdrawn from the market, fines of up to €100,000, as well as warnings and cease-and-desist claims from competitors and consumer protection organisations, “ adds Ms Koch.

Harmonising accessibility

While hopes are high that the EAA will have a similar impact to the WAD and ultimately be synchronised across EU member states, such hopes are not without caveats.

“Much like the GDPR, the EAA is likely to cause turbulence initially, as companies work to understand how to meet the guidelines and avoid fines,” suggests Mr Wharram. “However, we anticipate that within a few years, accessibility will be considered and applied automatically at all levels.”

Also optimistic is Ms Koch. “Once member states have adopted national frameworks that reflect the EAA, I am confident that the legislation will have a positive impact on harmonising accessibility rules across the EU and beyond,” she concludes. “And despite the EAA requiring a significant implementation effort, companies that offer accessible products and services will reach a wider target group, and thus have a competitive advantage in the long run.”

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Fraser Tennant