The European Accessibility Act (EAA) aims to improve access to essential products and services for people with disabilities and older adults—while also strengthening the European market through uniform accessibility standards.
The legal basis is the EU’s single market concept, under which accessibility is understood as a prerequisite for market access. At the same time, the EAA is consistent with the UN Convention on the Rights of Persons with Disabilities (UN CRPD), particularly with its goal of ensuring the equal participation of people with disabilities in society.
Companies based in Switzerland are not directly bound by the EU directive. However, any company that offers products or digital services to EU customers—for example, in e-commerce, the financial services sector, or the transportation sector—must comply with the law in order to maintain access to the EU market. For these reasons, the EAA has de facto extraterritorial effect, as Swiss providers must also ensure that their websites, apps, and e-commerce portals are accessible.
The EAA does not apply to all products, but rather to those that are particularly important to people with disabilities and are also closely integrated into the single market. The EAA covers both physical products and digital services. In this way, it takes into account the ongoing digital transformation, which creates new opportunities—but also new barriers—for people with disabilities in particular.
The products and services covered are as follows:
- Computers and Operating Systems: The guideline applies to hardware systems for general-purpose computers intended for consumers, such as desktops, laptops, smartphones, and tablets. These systems must be designed to work with accessible operating systems. Specialized embedded computers with specific functions—such as motherboards or memory chips—are not covered.
- ATMs, ticket and check-in kiosks, and interactive self-service terminals: ATMs, ticket and check-in kiosks, and interactive self-service terminals are included, provided they contribute to the provision of accessible services. In addition, the associated hardware and software are included, with the exception of devices permanently installed in vehicles, aircraft, ships, or rail vehicles.
-Electronic communications services: Uniform requirements also apply to telecommunications and emergency call services, which include routers, modems, and interactive consumer terminal equipment. These must be designed so that, in addition to voice, video calls also offer text and a comprehensive real-time communication service, while ensuring the synchronization of all means of communication.
- Access to audiovisual media services such as television broadcasts and related consumer devices: Services that provide access to audiovisual content (e.g., media players, set-top boxes, or Internet-based television services) must be designed so that users with disabilities can use their assistive technologies.
- Services related to the transportation of passengers by air, bus, rail, and water: The EAA governs the provision of information regarding transportation services, particularly travel information and ticket reservations. This includes websites, electronic ticketing services, and interactive self-service terminals for purchasing tickets and obtaining travel information.
- Banking Services: The EAA stipulates that payment services, identification methods, electronic signatures, and payment services must comply with accessibility requirements.
- E-books: E-books must be coded and structured in an accessible manner to ensure interoperability with assistive technologies. The specific features of works such as comics, children's books, and art books should be tested against all accessibility requirements.
- E-commerce: Finally , the EAA also covers the online sale of all products and services. The goal is to ensure that e-commerce offerings are accessible, regardless of whether the product itself falls under the directive.
The EAA does not prescribe detailed technical specifications but rather defines functional requirements. Companies must ensure that their products and services are designed so that people with various disabilities can use them without unreasonable difficulty or the need for assistance from third parties.
The accessible design complies with the international WCAG 2.1 Level AA standard. The relevant criteria of this standard are explained below.
Content must be designed to be easy to read and visually clear. This includes a color scheme with sufficient contrast, adaptation to different screen sizes, and the ability to adjust the font size.
Usability requires that an online store or website be navigable and operable using all standard input devices. Full functionality must be ensured through voice control, screen readers, keyboards, or mice.
To ensure clarity, information should be presented in clear and simple language. Complex or legal-technical wording should be avoided as much as possible. In addition, a version in plain language should be provided to ensure accessibility for people with cognitive impairments or limited language skills.
Robustness requires that digital systems and websites be developed in such a way that they are technically stable and compatible with common assistive technologies. This includes, in particular, ensuring seamless use with Braille displays or screen reader software, so that content remains reliably accessible regardless of the technology used.
The provisions of the European Accessibility Act (EAA) were implemented in Germany through the Act on Strengthening Accessibility (BFSG), which entered into force on June 28, 2025. The BFSG serves as a model for the national implementation of the European directive. Other EU member states have enacted comparable implementing laws that are largely based on the European legal framework in terms of structure and objectives but may include national specificities, such as sanctions or market surveillance.
The following is an overview of the key provisions of the BFSG that implement the EU requirements of the EAA.
Products are considered accessible if they comply with the harmonized standards published in the Official Journal of the EU. Section 4 in conjunction with Section 3 of the Accessibility Enhancement Ordinance (BSFGV) specifies these requirements (https://bfsg-gesetz.de/bfsgv/4-bfsgv/). Accordingly, the provision of information, product packaging, user manuals, the design of the user interface, and the functionality of the products must, in particular, meet the respective accessibility requirements. According to §3 BFSG, the state of the art is decisive for the specific implementation. The manufacturer of a product must fulfill a number of formal obligations. The specific requirements for the design of user interfaces and functionality are listed in §6 BFSG (https://bfsg-gesetz.de/6-bfsg/). Accordingly, a manufacturer is required to prepare technical documentation and conduct a conformity assessment procedure. Subsequently, an EU Declaration of Conformity must be issued, and a CE marking must be affixed to the product. The product must also be marked with a serial number or other means of identification.
Companies are required to cooperate with the relevant market surveillance authorities and, upon request, provide the necessary technical documentation or test reports regarding accessibility. This includes, in particular, technical specifications, test results, evidence of compliance with harmonized standards, and the EU Declaration of Conformity. If an authority determines that a product or service does not comply with legal requirements, it may issue a corrective action order. The affected company is required to remedy the identified deficiencies within a specified timeframe, document the changes made, and provide appropriate evidence of the corrective measures taken. The company has a duty to cooperate throughout the entire process; it must respond promptly to requests from authorities, provide complete and truthful information, and submit additional documentation upon request.
The EAA aims to reduce costs for businesses by establishing uniform standards. Instead of having to comply with individual national requirements, products can be sold throughout Europe in the future if they meet the harmonized requirements.
In the short term, implementing the EAA may involve investments and costs, particularly in the technical redesign of websites, the accessible design of payment systems, or the integration of assistive features into hardware products. In the long term, the market for accessible products and services is expected to grow. In the long term, the economic benefits of a uniform standard—which lowers barriers to market entry and reduces development costs—will outweigh the costs. Accessible products and services can also reach larger customer groups. This creates an economic incentive to view accessibility as a feature of innovation and quality.
From a regulatory perspective, the EAA promotes a level playing field, as all providers in the EU market are subject to the same requirements. This prevents distortions of competition and ensures consumer protection regardless of the provider’s country of origin.
Implementing the EAA in practice is challenging, especially for companies that have not yet developed an accessibility strategy. Challenges arise primarily in the following areas:
- Technical adjustments to existing systems
- Process design for accessible communication
- Training employees to raise awareness of and ensure compliance with the new requirements
- Documentation requirements to demonstrate compliance with the law.
Member States may provide that small enterprises are not required to comply with the requirements if doing so would impose a disproportionate burden on them. Microenterprises are defined as enterprises with fewer than 10 employees and an annual turnover or annual balance sheet total of less than 2 million euros.
The EU directive itself does not contain definitive provisions on sanctions; rather, sanctions depend on national implementation, which is why they vary greatly from country to country. For Swiss providers, the sanctions of the respective EU member states apply. In practice, specific consequences can be categorized as follows:
- Fines: Nearly all member states impose fines, the amount of which varies significantly depending on the severity of the violation, the size of the company, and the duration of the noncompliance.
- Market restrictions: Products or services that do not meet the requirements of the EAA may be completely excluded from the national market. In some cases, the provision of the service may be prohibited or suspended until accessibility is ensured.
- Lawsuits and Claims for Damages: In some countries (e.g., the Netherlands and Ireland), affected individuals may file a civil lawsuit and seek compensation for damages if they have suffered a loss as a result of the restriction.
Public disclosure of a violation can cause significant reputational damage, especially today, when transparency and consumer trust are considered key competitive factors. Business partners, investors, or customers may lose confidence or terminate their relationship, particularly if accessibility is a strategic or regulatory requirement.
Accessibility requirements are increasing, while one-size-fits-all solutions and unsecured systems will no longer suffice in the future. The EAA establishes a binding legal framework that strengthens transparency and accessibility in the single market. Since the EAA is subject to the principle of market location, its applicability depends on whether the products or services are offered on the EU market. For direct applicability, national implementation is required in the respective member states—the German Act on Strengthening Accessibility (BFSG) serves as an example. Companies that act early on not only ensure legal compliance but also secure competitive advantages in a market that increasingly views accessibility as the standard.
Implementing the EAA requirements calls for a systematic approach. We can help you adapt your compliance and product strategy to the new guidelines in a legally sound and cost-effective manner. Our expertise includes:
- Legal analysis of the relevant products and services
- Review and revision of internal policies and terms and conditions
Do you have any questions about this topic, or would you like a personal consultation? Write to us—we’re happy to help.
