BE READY FOR THE EU ACCESSIBILITY ACT

1.1.1 Concerned economic operators

The EAA applies to all economic operators selling products and services in the EU. In other words, the manufacturer, authorised representative, importer, distributor, and retailer may all fall under the obligations of the EAA. As such, the requirements may also affect companies outside the EU, should they offer their products or services to consumers located in the EU.

Specific exceptions are however set out. These include (i) microenterprises, which enjoy partial relief for products, (ii) instances where compliance would lead to a “fundamental alternation” to a product or services, and (iii) instances where compliance would lead to a disproportionate economic burden on the company - based on a cost/benefit test.

1.1.2 Affected products and services

The accessibility requirements set out in the EAA only apply to an exhaustive list of the following products:

• Hardware systems for consumer general purpose computers, including their operating systems. This category includes desktop computers and end devices such as tablets, laptops and smartphones.
• Devices for electronic communication with interactive features used for electronic communication services. Examples are tablets, mobile phones, modems or routers.
• E-readers.
• Self-service terminals, which mainly include payment, ticket, information, check-in and cash machines.

The requirements not only relate to the products themselves, but may be stretched further; it includes the entire customer journey. For instance, the EAA sets out specific requirements for installation instructions, packaging and labelling.

Various services are also covered by the EAA:

• E-commerce, which includes all services provided with the view of concluding a consumer contract in e-commerce, i.e. the online sales of any product or service.
• Electronic communications services (except for certain transmission services).
• Telecommunications services, which includes mainly voice telephony, internet telephony, and other means of digital communication, such as email, chat, or SMS.
• Banking services for consumers, which includes consumer credit agreements, or services related to financial instruments, payment services, and e-money.
• Access services for streaming and TV programmes, which includes services enabling access to audiovisual media services.
• E-books, including their software.
• Passenger transport by air, bus, rail, and ship, which includes their websites, applications, e-tickets, and ticketing services.

Despite these comprehensive requirements, some exceptions to the scope of application are included. Specific products and services are indeed excluded, such as map services or archives.

Annex I of the EAA outlines comprehensive general and specific accessibility requirements for the in-scope products and services.

The general requirements include modalities on: (i) how information, support services, and other information is provided to users; (ii) the user interface and functionality design; (iii) the functioning of services; (iv) and the adequacy and accessibility of websites, mobile apps, and related digital services.

The additional accessibility requirements, in turn, relate to specific services or products. For instance, consumer banking and e-commerce service providers must ensure that identification methods, electronic signatures, and payment systems are accessible — meaning they must be perceivable, operable, understandable, and robust.

The EAA also sets out detailed responsibilities for the relevant economic operators involved with products and for service providers. Product-related obligations vary depending on whether the business is a manufacturer, authorised representative, importer, or distributor. In contrast, service providers are subject to a uniform set of obligations.

These requirements are stringent, and place a significant burden on the shoulders of the in-scope companies. To lighten the load, new ‘harmonised standards and technical specifications’ of products and services are to be published by European standardisation organisations. Products and services in conformity with these standards will be presumed to conform with the accessibility requirements under the EAA.

Designated national authorities are tasked with overseeing compliance with the EAA. Their responsibilities include the following:

• Conducting compliance checks on services and monitoring products to determine whether proper assessments have been made, especially in cases involving exemptions like "fundamental alteration" or "disproportionate burden."
• Investigating complaints or reports of non-compliance.
• Ensuring that companies correct any violations and implement necessary changes.

Consumers will also have the opportunity to report any violations to the competent authorities or courts.

Penalties for non-compliance are determined at the national level and vary significantly.

It is important to note that the EAA sets out the minimum requirements which must be met to be in compliance. As such, EU Member States may, amongst others, adopt national implementing measures which include additional obligations, may decide to make specific voluntary requirements of the EAA mandatory, and include additional products and services into the scope of their national implementing measures.

Thus far, the Belgian legislator seems to keep in line with the EAA, having strayed minimally from what is set out in the Directive in its national implementing measures.

There is only one month lefts until the Belgian implementing measures for accessibility requirements become applicable on 28 June 2025. If companies are not in compliance yet, they should therefore start their EAA compliance process as soon as possible and take the following implementation steps:

1. Assess whether your products and services are in scope. Some cases may not be immediately clear, as the EAA does leave some questions unanswered;
2. Work out the applicable accessibility requirements: based on the applicable products and services and the national legislation, companies must determine and examine the relevant obligations under the EAA. This includes identifying the role of the company, reviewing certain elements of production and technical design, adapting your website and/or app. Existing contracts with consumers may need to be adapted, and inaccessible products or services may need to be phased out or changed;
3. Map out the international implementation of the EAA, as well as the interactions with supply chain stakeholders, and determine whether this influence your activities.

If you have any questions and/or need assistance for the implementation, do not hesitate to get in contact with Lydian’s ICT & Commercial teams, who would be happy to help.