A new era of digital equality: what the European Accessibility Act means for UK businesses

The EU Accessibility Act (the EAA) is an EU directive effective from 28 June 2025 that imposes (subject to certain exemptions), strict compliance requirements for certain affected products and services which must be designed and produced to “maximise their use by persons with disabilities”, and supplements current English law in this area.

All new affected products and services placed on the EU market after 28 June 2025 must comply with the EAA; however, for existing affected products, there is a five-year transitional period within which to achieve compliance.

Current UK law

In the UK, the Equality Act 2010 prohibits discrimination against individuals with disabilities and is applicable to both public and private sector organisations.

In addition, there are specific public sector requirements for website and mobile applications. The Public Sector Bodies (Websites and Mobile Applications) (No 2) Accessibility Regulations 2018 (SI 2018/952) had already introduced accessibility requirements for public sector bodies with websites or mobile applications.

The EAA expands on both these sets of rules, applying broader requirements to both public and private sector providers wherever they are geographically based, so long as they offer affected products or services within the EU.

Summary of the EAA and how it applies to the UK

The EAA will apply to UK manufacturers, importers, distributors and service providers who provide affected services or place affected products on the EU market or who make offers to provide a service to consumers in the EU. The EAA aims to improve access to mainstream products and services that, through their initial design or subsequent adaptation, address the needs of persons with disabilities.

 Affected products include:

• Hardware systems: for universal computers, including operating systems, desktops, laptops, smartphones, and tablets.
• Devices for electronic communication: products with interactive features used for electronic communication services, such as mobile phones and tablets. It also includes consumer devices with interactive features that are used to access audio visual media services such as TV sticks and games consoles.
• E-book readers: Portable reading devices should also be usable by people with reading impairments.
• Self-service terminals: includes ATMs, ticketing machines and check-in machines.

Affected services include:

• Streaming and TV access: services providing access to audiovisual media, including accessibility features.
• E-commerce: services designed to facilitate consumer contracts online, such as product sales and app-based services.
• Passenger transport: websites, apps, e-tickets, travel info, and accessibility details for air, bus, rail, and waterborne passenger transport services.
• Electronic communication services: voice and internet telephony, email, chat, and instant messaging.
• Consumer banking: credit agreements, financial services, payment systems, and electronic money.
• E-books and software.

For the above services; related websites and apps must be “perceivable, operable, understandable and robust”.

Exemptions

Specific exemptions include:

• Small businesses or "micro enterprises" – being those which employ fewer than 10 people and have an annual turnover of less than €2m.
• Businesses required to adapt a product or service to achieve compliance; accessibility requirements should only apply to the extent that they do not impose a “disproportionate burden on the economic operator”.
• Businesses where compliance with the guidelines would require a significant change in their product or service, resulting in a fundamental alteration of its basic nature.

Enforcement and sanctions for non-compliance

• Designated national authorities will be responsible for monitoring compliance. Understanding who the competent supervisory authority is can help businesses navigate the regulatory landscape more effectively and ensure they are meeting their obligations under the EAA. 
• Consumers will be able to report violations to national authorities or courts. As a result, non-compliant businesses not only face the risk of being noticed during "usual" inspections of the market surveillance authority but also by consumers which then may inform the competent authority.
• Failure to comply with the EAA may lead to enforcement action by national authorities which could: impose administrative fines of up to €1m; impose mandatory corrective measures; or require withdrawal of non-compliant products or services from the market.
• Businesses should also consider the potential for damage to brand reputation where products are required to be withdrawn.

Next steps

1. Identify affected products and services and deadlines: there are two separate key deadlines for companies to be aware of:

• new digital products and services offered within the EU market after 28 June 2025 must meet recommended the EAA accessibility standards; and
• affected pre-existing services and products already on the EU market before 28 June 2025 must also comply with the EAA, however, there is a five-year transitional period to achieve compliance.

2. Determine whether the products or services that your UK business provides is in scope of the EAA.
3. Consider whether an exemption (above) applies.
4. Identify your business’s role in the supply chain: In relation to products sold, your business's own role should be identified, as the duties required are affected by supply chain position.
5. Consider the Web Content Accessibility Guidelines (WCAG): Although the EAA does not specifically mention a framework for compliance, it appears to align with the same core principles which underpin WCAG (an internationally recognised set of standards developed by the World Wide Web Consortium to improve digital content accessibility).
6. Educate your employees and implement an accessibility roadmap.

If you require tailored advice on the European Accessibility Act then please contact: Beverley Flynn (beverley.flynn@stevens-bolton.com), Ella Tunnell (ella.tunnell@stevens-bolton.com), or Emma Thompson (emma.thompson@stevens-bolton.com).