November 4, 2024
As we dive deeper into the digital age, the European Accessibility Act (EAA) is a game-changer. Think of it as a champion for equal access in the fast-growing digital world. This new rule isn’t just about keeping up with the times; it’s a clear message that it’s time to level the playing field for everyone online.
So, what’s the scope of the EAA? And how will the EU directive be transposed into local law? What does it mean for businesses and everyday web users? Don’t worry, we’ve got you covered. In the next few paragraphs, we’ll shed some light on these topics, giving you the lowdown on what you need to do to stay ahead.
In Europe, more than 87 million people live with some form of mental or physical disability. That’s equivalent to one in five Europeans facing some form of impairments. Recognizing this, European legislators have stepped up, establishing EU-wide standards to ensure digital products and services are accessible to all.
This move isn’t just about compliance; it’s about enhancing the internal market’s efficiency and fostering greater social inclusion. By setting these standards, people with impairments gain equitable access to digital spaces, bridging gaps both in public and private sectors.
Starting June 28, 2025, embracing digital accessibility becomes the norm for e-commerce platforms across Europe. The European Accessibility Act (EAA) is leading the charge, setting the bar high with new benchmarks for accessibility. Online retailers, get ready to align with these fresh regulations. They’re rooted in the Web Content Accessibility Guidelines (WCAG), specifically the AA standard, now a cornerstone in the EU, and they’re bolstered by extra rules and practical steps. All this comes together under a robust DIN standard: DIN EN 301 549.
In Germany, the BFSG (Barrierefreiheitsstärkungsgesetz) mandates the implementation of the EAA by integrating EU regulations into national law. Additionally, the Act on Equal Opportunities for Disabled Persons (BGG) requires that public entities design their online offerings and mobile applications according to the provisions of BITV 2.0, which are based on the Web Content Accessibility Guidelines (WCAG 2.1 Level AA). The concept builds on additional criteria that reduce any gray areas of the WCAG, specify requirements more concretely, and specify the most accurate testing steps, complemented by requirements such as easy language and additional technological requirements. These regulations ensure that both public and private providers offer digital services and products that are equally accessible to all users.
In Switzerland, the Act on Equality for People with Disabilities (BGStG) is the relevant law for digital accessibility. Public institutions are obliged under the BGStG to make their digital offers accessible according to the standards of the WCAG, for which the AA level of the WCAG is typically aimed for. Although Switzerland is not a member of the EU and therefore is not directly subject to the EAA (European Accessibility Act), the implementation of the BGStG reflects that of the General Data Protection Regulation (GDPR) by aligning Swiss legislation with that of the EU. This promotes the introduction of comparable accessibility standards, ensuring that digital content and services in Switzerland are barrier-free for all individuals, regardless of their abilities. Against this backdrop, further tightening of regulations can also be expected in the private sector.
For users of digital platforms, the EAA represents a significant improvement for the future. It ensures that accessibility is not just an afterthought but is fully considered from the start. The aim is to make digital barriers, which have excluded or hindered many people from equal participation in the digital world for too long, a thing of the past. The directive strives to promote equal opportunities in sectors such as the labor market, education, transportation, and commerce.
The directive primarily targets individuals with mental or physical impairments, or those with low digital literacy. However, accessible design overall improves the online experience by ensuring that all user groups can effortlessly use a digital platform and its content. This is especially true for older individuals who benefit from readable font sizes and strong contrasts as their vision diminishes. Non-native speakers also gain advantages from texts in simple language and glossaries that are more understandable to them. In general, everyone benefits when they can navigate the internet easily with clear, intuitive navigation and unambiguous content.
Better usability minimizes usage barriers and also creates positive synergies for the entire customer journey or performance. A good example of this is search engine optimization (SEO): Videos with subtitles, meaningful subheadings, and alternate texts accessible to screen readers are better indexed by search engines like Google and enjoy higher rankings. Companies that design their digital presence to be accessible not only increase their visibility and expand their potential customer base but also optimize the user experience and promote the inclusion of their employees who may have impairments.
The EAA directive addresses accessibility in a wide range of products and services to provide all citizens, especially those with impairments, with equal access. The following categories are affected:
Goods:
Services:
It is important to note that the requirements apply to everyone whose products and services are aimed at end consumers. Therefore, B2C companies as well as B2B2C companies are responsible for implementing accessibility.
Manufacturers and providers may only offer their products and services on the market if they meet accessibility requirements. Manufacturers must demonstrate this through a conformity assessment procedure and a declaration of conformity.
Additionally, retailers must not distribute products suspected of not meeting accessibility requirements. The legal basis for this includes prohibition orders according to § 23 Abs. 3, 30 Abs. 3 of the Federal Act for Accessibility of Social Media (BFSG) and obligations for product recall according to § 22 Abs. 4, 26 Abs. 3 BFSG.
Service providers are also obligated to explain in their General Terms and Conditions (GTC) how their services meet the accessibility requirements. Furthermore, they must provide the following information in an accessible form:
If the accessibility requirements are not met, this can be considered a breach of warranty law as a material defect.
Regulations in § 434 Abs. 3 BGB determine what consumers can objectively expect from the products. In the field of warranty for material defects, it is particularly important to note that negative deviations from the objective condition (negative quality agreements) must be communicated clearly and distinctly and agreed separately in accordance with § 476 Abs. 1 BGB.
Failure to comply with regulations can result in fines of up to 100,000 EUR according to § 37 BFSG. This also applies to Swiss companies operating in the EU or Germany – they can also expect fines of this amount for violations.
If the requirements for accessibility are disregarded, the market surveillance authority is empowered to order the recall or cessation of the concerned product or service.
Affected users have the right according to § 32, 33 BFSG to address the market surveillance authority of the federal states directly to assert violations. This right is also independently available to associations and institutions recognized by the Act on Equal Opportunities for Disabled Persons.
Finally, competitors have the option of proceeding with warnings under competition law in the event of violations. This can lead to cease and desist claims and demands for damages.
The Americans with Disabilities Act (ADA) is a shining example of enshrining civil rights for people with impairments and highlights critical paths to prevent discrimination in various areas of public life. As a comprehensive civil rights law enacted in 1990, the ADA has ensured that people with impairments in the USA enjoy the same opportunities and rights as other citizens. The ADA provides protection against discrimination in the workplace, educational institutions, publicly accessible places, and in transportation. This protection is comparable to that provided on the basis of race, color, gender, nationality, age, and religion.
Significant changes were introduced by the Americans with Disabilities Act Amendments Act (ADAAA) of 2008, which substantially broadened the definition of “disability” and thus strengthened protection for affected individuals. The amendments affect all areas of the ADA, allowing for a more inclusive application of the law, involving private employers, state and local governments, and public facilities alike.
From the ADA, we learn that laws need to evolve to meet requirements and to ensure that people with impairments experience equal participation and equal opportunity. The ADA and its amendments teach us that laws need to evolve to dynamically and actively contribute to the shaping of a fairer society. It serves as a model for legal systems worldwide, setting a high bar for the introduction of similar laws in other legal systems, including the European Accessibility Act, and serves as a guideline for drafting policies that prioritize inclusion and accessibility.
The European Accessibility Act (EAA), which will come into force through national laws on June 28, 2025, plays a crucial role in the future of Europe’s business landscape.
To make your online store accessible in accordance with the EAA, it is important to familiarize yourself with the relevant standards and make appropriate adjustments. Here are key points that can help you optimize your digital offerings for accessibility:
Document Title: Ensure that the title in the browser tab is short, clear, and succinctly reflects the content of the page, which is essential for users with screen readers.
How you can test it: Check with multiple tabs of your webpage open to see if the document titles are distinguishable and unique.
Alternative Texts for Graphics: Descriptive alternative texts are crucial for the accessibility of images, especially when they convey content or are interactive.
How you can test it: Analyze the alternative text in the source code of your webpage to ensure it makes the function or context of the graphic understandable. Test videos for subtitles and summaries.
Interactive Elements: Buttons and links must clearly indicate where they lead or what function they perform and be operable by keyboard.
How you can test it: Check the keyboard operability by navigating via the Tab key and look for visual highlighting during interactions.
Icons: Even widely recognized icons should be labeled to be understood by all users.
How you can test it: Verify whether all icons are intuitively understandable or if additional labeling is necessary. Adopt the perspective of a user unfamiliar with your website.
Forms: Feedback on form inputs must be direct and clear, and errors should be communicated precisely and understandably.
How you can test it: Test the forms with the Tab key and pay attention to the clarity of feedback. It should not be solely color-based and must assist the user.
Design & Colors: Ensure that your design meets accessibility requirements regarding contrast, font size, and character spacing.
How you can test it: Use a contrast checker to verify if the contrast ratios meet WCAG 2.1 AA standards.
Purposeful Navigation: Clear navigation with simple, uncluttered menus and understandable filter options is essential for accessible usability.
How you can test it: Evaluate the clarity of your navigation and the effectiveness of filter options. Look out for dead ends in keyboard navigation.
We help you in a pragmatic way to find, maintain, optimize, and build your own level of accessibility. We focus on vulnerabilities and potentials, always in accordance with current international guidelines. Whether individually or as a complete package—our expert knowledge ensures comprehensive support on your journey to digital accessibility.
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Alexandra Gurtner
Certified Professional in Accessibility Core Competencies (CPACC)
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