European Accessibility Act
15 Jul 2024
Get ready for European Accessibility Act, EAA
Summary in brief about the European Accessibility Act, how it will impact companies and organizations targeting the private market and how it affects their websites.
What is the European Accessibility Act (EAA)?
The EAA is an EU directive and means that all web services and web pages of business to consumer companies or organizations, must also meet the recommended accessibility requirements according to WCAG 2.1 (AA).
WCAG What?
WCAG stands for Web Content Accessibility Guidelines, and is a standard for accessibility. In this case, accessibility means that the website must be adapted to be able to function well even for people with disabilities. Much like disability adaptation of public environments, but for the digital world.
WCAG has three levels, with higher accessibility requirements for each level. For EAA, it is the middle level, also called AA, that applies. Examples of rules that must be met are a sufficiently high contrast between the colors of the text and the background everywhere on the web page, and that the web page can be navigated using the keyboard. In total, there are about 50 rules that must be met for the AA level.
Who does the EAA directive affect?
Even companies and organizations outside of the EU that want to sell products or services to EU member nations must meet the accessibility requirements of the EAA.
Small businesses with fewer than 10 employees and a turnover of less than EUR 2 million are exempt from the EAA directive, as well as schools and preschools.
It is important to notice that the directive only applies to companies and organizations that target consumers on the private market (B2C). This according to The Swedish Post and Telecommunications Authority, which is the responsible authority in Sweden.
Reasons behind the directive
The world of today is so digitized that not being able to access information or services on the Internet becomes a severe hindrance to fully taking part in society.
The law has been added to ensure that people with disabilities can also access digital content.
Although the directive involves a certain effort from the companies and organizations concerned, the advantages of reaching even more potential customers and stakeholders are usually emphasized.
Other requirements
In addition to the accessibility requirements, there are also other requirements regarding information and documentation based on industry and business. These can be quite extensive, and it is expected that there will be clearer guidelines from authorities on how these should be interpreted. A few examples are:
E-commerce
In addition to accessibility requirements, e-commerce companies also have requirements to inform about the accessibility of the products or services sold. One example would be to inform on whether there are handicap-friendly bathrooms on a hotel website.
Administrative requirements
The accessibility requirements must be regularly reviewed and documented, e.g. to justify why an exception might be required. In addition to CE labeling, products must also have a formal document called EU declaration. The document contains information and contact details for the manufacturer and possibly also the importer.
The documentation must be saved for at least 5 years, as the authorities may need it for performing reviews. Any deficiencies and complaints must be documented and saved. If deficiencies occur such that the product or service cannot meet the requirements, the product must be discontinued, and the relevant authorities notified.
When does the EAA directive become active?
The deadline to ensure that the website meets the requirements of the new directive is 28 June 2025.
What happens if a website does not meet the new requirements in time?
The penalty for violating the EAA is determined by each EU nation individually. In Sweden, the bill proposes amounts between 10,000 SEK and 10 million SEK. The amount of the fine is adjusted according to how serious the violation is considered to be, as well as the size of the company.
Each EU nation will appoint a supervisory authority that will perform compliance reviews. For now, Post- och Telestyrelsen is the responsible authority for EAA in Sweden.
Exceptions
Certain types of content on web pages are exempt from the directive:
- Maps and map services, because it is simply so difficult to make them sufficiently accessible. However, there must be an available option for maps intended for navigation.
- Content from third parties (eg. users) that the site owner does not pay for or control themselves. Content from third parties that the website administrators themselves put in is not exempt (embedded code) because this is done deliberately and the idea is that it should be possible to consciously choose accessible options instead.
- Content such as media files or documents that were published before the law came into effect. For example, uploaded PDF files with non-accessible colors or videos without subtitles.
- Archived content, i.e. content that is not updated or edited after June 28, 2025.
Unreasonable demands
There is a slightly vague paragraph that says that if the consequences of having to comply with the accessibility requirements become too onerous, exceptions can be made. Exactly what that entails remains to be seen.
If an accessibility requirement would result in changing or disrupting the basic nature of the product or service, this requirement can be waived.
To be covered by one of these exceptions, the reasons must be justified in an investigation and documented.
How to reach EAA compliance?
- Contact a web agency to review the website and see what needs to be fixed for it to meet the requirements.
- Re-design or re-build the website so that the accessibility requirements are met.
- Make sure to spread knowledge in the organization about the new rules. This ensures that the requirements will continue to be met and that new content continues to follow the accessibility rules.
- Ensure there is a routine for following up, checking, and documenting the accessibility work to be able to provide the material to reviewing authorities.
How much will it cost to reach EAA compliance?
How much time and resources reaching EAA compliance takes depends on what needs to be done as well as the website size and construction. Digin.nu, a website about accessibility run jointly by a handful of Swedish authorities (PTS, DIGG, MFD, MTM) estimates the work effort at somewhere between 100 and 1 000 hours.
Feel free to contact us for advice and help.
