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Product Regulation & Liability

European Union: What do CG&R companies need to know about the European Accessibility Act?

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In brief

The European Accessibility Act (EAA) is a directive aimed at improving the accessibility of products and services for people with disabilities across the European Union (EU). It establishes common accessibility requirements for a wide range of products and services provided to consumers to ensure that people with disabilities have better access to digital and physical environments, thereby promoting their inclusion and participation in society.

Companies generally need to comply by 28 June 2025, which is fast approaching! Sanctions for non-compliance vary by Member State and go as far as imprisonment in some jurisdictions, as well as the potential for injunctions/orders to comply, fines, and of course the associated reputational damage.

Recommended actions

The EAA will apply from 28 June 2025, with a transitional period for limited scenarios. Given the lead time for implementing technology changes, we are already helping our clients prepare to ensure compliance with the law. In particular, we recommend:

  • Analyzing which of your products and services are in scope
  • Assessing current accessibility levels for both physical products and digital interfaces
  • Updating e-commerce platforms and websites both with respect to their functionality (e.g., adhering to WCAG standards), and the inclusion of accessibility disclosures
  • Updating self-service and payment terminals in stores
  • Building in the EAA’s design standards for products
  • Implementing robust processes and controls and training programs

In more detail

The European Accessibility Act (Directive 2019/882) is a landmark law that requires certain products and services in the EU to be accessible to people with disabilities. The EAA sets out specific accessibility requirements that various stakeholders, including manufacturers, authorized representatives, importers, distributors, and service providers, must meet.

Types of services caught by the EAA

The scope of the European Accessibility Act is broad, encompassing a wide range of products and services provided to consumers. These include e-commerce services, electronic communication services (excluding M2M services), and services that provide access to audiovisual media. Additionally, the EAA covers TV equipment, smartphones, desktops, notebooks, tablets, banking services, e-books, and dedicated software. Elements of passenger transport services and self-service terminals are also included under the EAA’s requirements.

Exceptions

While the EAA imposes stringent accessibility standards, it does allow for certain exceptions. Stakeholders may be able to rely on the fundamental alteration or disproportionate burden exceptions, provided they conduct a documented assessment to justify these claims. However, we do expect the ability to rely on these exceptions to be relatively limited in practice.

BM Infographic

For more information on this legislation and to see a snapshot of where the provisions have already been implemented, see our infographic here.

For any questions about the EAA, please get in touch with us or your usual Baker McKenzie contacts. 

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Helen Brown is a partner in the London IT/Commercial Department. Together with Julia Hemmings, Helen heads up the Consumer and Commercial Advisory Practice.

Author

Julia Hemmings is a partner in Baker McKenzie’s technology team based in London. Together with Helen Brown (they work in a job-share), Julia leads the Digital Commerce, Advertising and Marketing practice. Julia joined the Firm in 2001 and also worked in the Sydney office from March 2006 to March 2008. Julia was promoted to partner in 2019.

Author

Sebastian Schwiddessen is a counsel and a member of Baker McKenzie's TMT Practice in Berlin. Sebastian has been working in the entertainment and video games industry for over 20 years. At the age of 21 he founded his own media news related business and web portal where he oversaw up to 50 content creators and was responsible for content creation, data protection, advertisement and regulatory matters. After joining Baker McKenzie in 2014, he sold his business to fully focus on his career as a legal advisor in the media and IT sector. Sebastian studied law in Berlin and Australia, where he specialized in platform, media and IT matters. During his time as a law clerk he worked for two international law firms, one of them specialized in entertainment law.
Due to his experience in the fields, Sebastian is responsible for most media and platform related matters in Germany and regularly coordinates global projects for clients. He is one of Baker McKenzie's EMEA key contacts for interactive entertainment clients and is also part of the firm's global working group for interactive entertainment. Sebastian maintains good contacts to a number of regulators in Germany, where he has been invited several times to speak as legal expert on regulatory and other matters. Sebastian is Baker McKenzie’s designated contact for the GAME association in Germany and regularly visits video game industry events such as the Gamescom, VGBA Law Summit and the Games Industry Law Summit.

Author

Lucy is a senior associate in our IP and Technology team in London. Prior to joining Baker McKenzie, Lucy spent nearly 10 years working for a leading multinational financial services company, including four years in its in-house legal department. Lucy is a lead member of the London Digital Commerce, Advertising and Marketing practice and regularly advises clients on consumer protection, e-commerce, privacy, and marketing and promotions, particularly in the digital services, retail and financial services sectors. Lucy also advises on general contractual aspects of commercial and consumer agreements and is involved in drafting domestic and international technology and commercial agreements. Lucy has a keen interest in sustainability and most recently has been advising clients on various consumer and business-facing eco-initiatives.

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