The European Accessibility Act: an overview what’s changing and for whom

RegCORE – Client Alert | Digital Single Market

QuickTake

The EU’s Directive referred to as the European Accessibility Act (the EAA)Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and servicesShow Footnote came into force on 27 June 2019 with the goal of addressing a divergence in national accessibility requirements related to goods and services placed and provided within the EU’s Single Market. The deadline for EU Member States to adopt and publish laws, regulations and administrative provisions transposing the EAA into national law was set for 28 June 2022. In turn, these national measures implementing the bespoke accessibility requirements must become applicable by 28 June 2025. As explored in this Client Alert, while the EAA introduces welcome changes to improve accessibility across the Single Market, it does have specific implications for financial services firms and how they engage with clients and consumers.

Over 80 million people in the EU live with some form of accessibility issues, impairment and/or disability and this number is on the rise. Recognising the significance of safeguarding the rights and well-being of individuals with disabilities, the EU’s Charter of Fundamental Rights explicitly acknowledges and respects their right to benefit from measures designed to ensure their independence, social and occupational integration and active participation in community life.

The EAA now provides a definition of people with disabilities that aligns with the United Nations Convention on the Rights of Persons with Disabilities (the UN CRPD), which has been ratified by all EU Member States. This alignment ensures a consistent and comprehensive approach to enhancing disability rights across the EU, reinforcing the commitment to fostering an inclusive and supportive environment for all individuals with disabilities.

There is currently, however, a divergence in national, or even regional, accessibility requirements as regards goods and services within the Single Market. This is manifested both in terms of the coverage, that is their scope of application, and their level of detail.COMMISSION STAFF WORKING DOCUMENT IMPACT ASSESSMENT SWD(2015) 264 final Accompanying the document Proposal for a Directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards accessibility requirements for products and services, available here.Show Footnote The EAA seeks to overcome this uneven level of protection of disability rights. This divergence can have negative effects on businesses operating on a cross-border basis and, at times, discourages the entering into of business ventures outside businesses’ home Member State markets. In a situation where the coverage and granularity levels of accessibility requirements apply unevenly across the Single Market, a business might not be faced with any rules as such in its home Member State but may be confronted with detailed and technical rules in other Member States in which it offers or intends to offer its goods or services. This patchwork of different regimes constitutes a barrier to the smooth and proper functioning of the internal market.

Against this backdrop, the EAA seeks to operationalise EU-wide accessibility requirements for selected products and services, including EU public procurement rules and to improve the enforcement of the bespoke accessibility requirements. With national measures set to become applicable by 28 June 2025, firms should step up their monitoring of changes that must be imminently made without further ado. This Client Alert provides an overview of what the EAA means for financial services firms and what steps should be taken to comply with the bespoke accessibility requirements as applicable under the EAA. Stay up-to-date on our EURegCore website for further standalone coverage on the EAA’s Member State specificities from  a financial services legal and regulatory perspective, including what steps firms should take so as to become fully compliant not only within their home but also host Member State in which services are provided.

Key takeaways from the EAA

Having been formally adopted by the European Parliament (the Parliament) and the Council of the EU (the Council) in April 2019, the EAA has allowed for a comparatively long period in which firms are required to become fully compliant with the requirements it sets out, i.e., six years later, by 28 June 2025. Not surprisingly, this time horizon is conceivable due to the - at times - stark changes stipulated under the EAA in areas which, as the case may be across Member States and between firms, had previously been left unharmonised and fallen behind other legislative developments of the EU’s co-legislators.

For their part, Member States themselves had until 28 June 2022 to transpose the EAA into their national laws. By virtue of being a Directive, which are binding on Member States only with respect to the result that they set out to achieve, the EAA is not automatically binding on Member States such that its objectives must be implemented into Member State national laws by undertaking necessary changes thereto, or by adopting new laws altogether. Most importantly, the EAA seeks to harmonise accessibility requirements for certain products and services within the EU, in particular, by eliminating and preventing barriers to the free movement of products and services in scope of the EAA. As set out above, these barriers may exist because of divergent accessibility requirements in the Member States.

Since the EU became a party to the UN CRPD, its provisions have become an integral part of the Union legal order and are binding upon EU institutions as well as on its Member States. The entry into force of the UN CRPD in EU Member States legal orders entailed the need to adopt additional national provisions on accessibility of products and services. To that end, the EAA now also aims to support Member States in their efforts to fulfil their national commitments, as well as their obligations under the UN CRPD.

The products and services falling within the scope of the EAA were determined as part of a screening exercise carried out during the preparation of the Impact AssessmentImpact Assessments are carried out on legislative initiatives that are expected to have significant economic, social or environmental impacts.Show Footnote as part of the policy preparation process. Accordingly, the following products which are placed on the market after 28 June 2025 fall within the scope of the EAA;

• Computers and operating systems;
• Automated teller machines (ATMs), ticketing and check-in machines;
• Smartphones;
• TV equipment related to digital television services;
• Telephony services and related equipment;
• Access to audio-visual media services such as television broadcast and related consumer equipment;
• Services related to air, bus, rail and waterborne passenger transport;
• Banking services;
• E-books; and
• E-commerce.

In order to ensure the accessibility of services falling within the scope of the EAA, the products used in the provision of those services with which the consumer interacts should also be required to comply with the applicable accessibility requirements. On the contrary, certain interactive self-service terminals providing information installed as integrated parts of vehicles, aircrafts, ships or rolling stock are excluded from the EAA, since these form part of those vehicles, aircrafts, ships or rolling stock which are not covered by the EAA. It is further worth mentioning that certain elements of transport services, notably when provided outside the territory of Member States, are considered as falling outside the scope of the EAA. As such, a passenger transport service operator will only be obliged to ensure that the requirements under the EAA are met with respect to the part of the service which is offered within the territory of the EU. EU air carriersi.e., air carriers licensed in the EU.Show Footnote should nonetheless make sure that applicable requirements of the EAA are met also with respect to flights departing from an airport located in a third-country (outside of the EU) and flying to an airport situated within the territory of a Member State. As regards air carriers not licensed in the EU, these must nonetheless ensure that the applicable requirements of the EAA are satisfied in cases where the flights depart from an EU Member State to a third-country territory.

With respect to banking and financial services, the provision of information to and protection of consumers will become subject to accessibility requirements under the EAA. As such, the EAA aims to enable persons with disabilities to use those services throughout the EU, including where provided through websites and mobile device-based services including mobile applications, to make well-informed decisions on equal footing with other consumers, as well as ensuring a level playing field among financial services providers.

The EAA defines persons with disabilities in line with the UN CRPD. The definition states that persons with disabilities include those who have long-term physical, mental, intellectual, or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others. Against this background, the EAA aims to promote the full and effective equal participation of persons with disabilities by improving their access to mainstream products and services that address their particular needs through initial design or subsequent adaptation.

Some activities which take place via websites and mobile applications maintained by or on behalf of public sector bodies, such as passenger transport or e-commerce services – falling within the scope of the EAA – should also comply with the bespoke accessibility requirements under the EAA. The accessibility requirements for websites and mobile applications of public sector bodies and other related aspects as they relate to the compliance of relevant websites and mobile applications, are defined in the EU’s Web Accessibility Directive ((EU) 2016/2102). The accessibility requirements of the latter are now to be brought into alignment with those under the EAA, notwithstanding differences in monitoring, reporting and enforcement.

To this end, the four principles of accessibility of websites and mobile applications under the Web Accessibility Directive, which are also relevant under the EAA in ensuring accessibility for persons with disabilities, are;

• Perceivability: meaning the information and user interface components must be presentable to users in ways they can perceive,
• Operability: meaning user interface components and navigation being made operable,
• Understandability: meaning that the information and operation of user interfaces being made understandable; and
• Robustness: meaning that the content must be robust enough to be interpreted reliably by a wide variety of user agents, including assistive technologies.

The EAA moreover extends to accessibility requirements of the built environment in as much as common requirements facilitate the free movement of the related services and of persons with disabilities. EU Member States may hence decide to require the compliance of the built environment where services are provided with accessibility requirements. Accessibility is envisaged, under the EAA, through a universal design or so-called “design-for-all” approach, which contributes to ensuring access for persons with disabilities on an equal basis with others. In line with the UN CRPD, that approach “means the design of products, environments, programmes and services to be usable by all people to the greatest extent possible, without the need for adaptation or specialised design.”Article 2 UN CRPDShow Footnote This means that assistive devices for particular groups of persons with disabilities, where this is needed, are not excluded from what is conceived as a universal design.Accessibility and universal design shall be interpreted in line with General Comment No 2(2014) – Article 9: Accessibility as written by the Committee on the Rights of Persons with Disabilities.Show Footnote

Notwithstanding the above, the specific accessibility requirements to products and services covered by the EAA are applicable to the extent only that these do not alter their basic nature or impose a disproportionate burden on operatorsSee Recital 64 of the EAA, available here.Show Footnote. Annex II to the EAA sets out non-binding examples of how the various accessibility requirements may be met.

Accordingly, products must:

• be designed and produced to maximise their use by people with disabilities; and
• comply with detailed rules on information and instructions, user interface and functionality design, support services and packaging.See Accessibility of products and services under the EAA, available here.Show Footnote

Similarly, services must: 

• provide information about the service, its accessibility features and facilities;
• make websites and mobile devices easily accessible;
• support systems, such as help desks, call centres and training to provide information on accessibility; and
• apply practices, policies and procedures to address the needs of people with disabilities.See Accessibility of products and services under the EAA, available here.Show Footnote

Furthermore, the EAA imposes several critical requirements on manufacturersSee Article 7 of the EAA, available here.Show Footnote. These are defined as any natural or legal persons who manufacture or design a product (or has it designed or manufactured) and markets that product under its name or trademark. Firstly, manufacturers are mandated to design and manufacture products in compliance with the EAA, considering any subsequent changes in the harmonised standards. They must also prepare the necessary technical documentation, found in Annex IV to the EAA, perform a conformity assessment procedure as also set out in that Annex, and retain this information for a period of five years. Additionally, manufacturers are required to provide clear identification on their products along with their contact details. To ensure user safety and proper storage, products must be accompanied by easily understood instructions and safety information.

Importers (into the Single Market) have distinct responsibilities under the EAA as well. Importers are natural or legal persons established within the EU who place a product from a third country on the Single Market. They must ensure that the product has successfully undergone the conformity assessment procedure and possess the necessary technical documentation, including instructions that users can easily comprehend. The product should also bear the “CE” marking, i.e. indicating that the product has been assessed by the manufacturer and is deemed to meet EU safety, health and environmental protection requirements. Importers are obliged to refuse to place any product on the market if they believe it does not meet the accessibility requirements and must inform both the manufacturer and market surveillance authorities of such non-compliance.

Service (including for financial services) providers are also subject to specific requirements. They must design and provide services in accordance with the EAA. Additionally, they need to make written and oral information about their services easily accessible to people with disabilities, ensuring that this information clearly explains how the services meet the accessibility requirements. Service providers must have procedures in place to maintain ongoing compliance with the accessibility requirements and consider any changes that may occur.

Finally, it is imperative for manufacturers, importers and distributors to act promptly if they discover that a product no longer complies with the legislation. Immediate measures must be taken to rectify any non-compliance issues to ensure continued adherence to the accessibility requirements under the EAA. For a comprehensive overview of the general and bespoke accessibility requirements related to all products covered by the EAA, please get in touch to receive a full comprehensive overview as a modular Annex that can be read in conjunction with this Client Alert or for more tailored advice.

Member State and European Commission’s responsibilities

Under the EAA, EU Member States are required to ensure that all products and services falling under the scope of the legislation comply with its accessibility requirements. This involves providing the public with information on how companies implement these requirements. To maintain compliance, EU Member States must implement and regularly update procedures to check the compliance of services with the EAA, follow up on complaints or repots of non-compliance, and verify that any identified issues have duly been remedied. Additionally, Member States must offer various means, including legal action, to enforce compliance and impose penalties for any breaches of the law.

The European Commission play a pivotal role in the implementation and oversight of the EAA. It is explicitly empowered to adopt delegated and implementing acts to amen technical aspects of the EAA as necessarySee Article 26 of the EAA, available here.Show Footnote. Furthermore, the Commission may request European standardisation organisations to draft harmonised standards on accessibility requirements or adopt technical specifications under specified conditions. To facilitate the effective enforcement and compliance of accessibility requirements under the EAA, the Commission establishes a Working Group comprising representatives of authorities responsible for market surveillance and services’ compliance, as well as stakeholders, including disability organisations. This Working Group aims to promote the exchange of information and best practices, foster cooperation between authorities and stakeholders, and provide valuable advice.

In addition, the Commission is required to submit a Report on the application of the EAA to the Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions by 28 June 2030 and every five years thereafter. This Report will ensure the ongoing assessment and transparency regarding the implementation and effectiveness of this groundbreaking Act.

Key considerations for financial services firms

For many financial services firms, the EAA necessitates a comprehensive review and potential overhaul of their online service offerings to ensure compliance with the new accessibility requirements as well as other existing standards historically aimed at “vulnerable customers”. Many financial services firms will want to ensure that they can evidence that they as an organisation as well as respective staff:

1. Understand the EAA’s scope, aims and requirements: The EAA covers a range of digital products and services, including banking services, which are often provided through online platforms. The EAA’s focus on ensuring these services must be accessible to persons with disabilities, aligning with the principles of perceivability, operability, understandability, and robustness, will warrant some firms reviewing their arrangements online and offline.
2. Comprehensive review of online/offline services and how these are documented internally and externally: Financial services firms should begin by conducting a comprehensive review of their current online service offerings. This review, which may involve the use of external excerpts and/or use of mystery shopping to provide an independent/neutral “outside-in perspective”, to identify compliance gaps with the EAA, should assess the accessibility of their websites, mobile applications, and any other digital platforms used to interact with clients. The review should identify any areas where the service does not meet the EAA's accessibility requirements.
3. Updating policies and procedures: Following the review, firms may need to update their internal policies and procedures as well as client facing documentation plus systems and controls to incorporate the EAA's accessibility standards. This includes revising website design guidelines, content creation processes, and customer service protocols to ensure that all aspects of the online service offering are accessible within the meaning of the EAA, the Website Accessibility Directive as well as supervisory expectations on vulnerable customers.
4. Technical adjustments and staff training: Technical adjustments may be necessary to ensure that online platforms are perceivable, operable, understandable, and robust for users with disabilities. This could involve implementing text-to-speech technology, ensuring compatibility with assistive technologies, and providing alternative formats for content. Additionally, periodic staff training will be essential to ensure that all employees understand the importance of accessibility and know how to maintain compliance in their respective roles.
5. Monitoring and continuous improvement: Ongoing monitoring is critical to ensure that online services remain compliant with the EAA.  Financial services firms should establish processes for regular reviews and updates of their digital offerings. Continuous improvement efforts should be made to address any new barriers that may arise as technology evolves.
6. Engagement with regulators and stakeholders: Firms should proactively engage with regulators and stakeholders, including organisations representing persons with disabilities, to stay informed about best practices in digital accessibility. This engagement can provide valuable insights into the needs of users with disabilities and help firms anticipate future regulatory changes.
7. Documentation and reporting: Maintaining comprehensive documentation of compliance efforts is vital. Firms should keep detailed records of accessibility features implemented, staff training conducted, and any customer feedback received regarding accessibility. This documentation will be important for demonstrating compliance to regulators.

By understanding the requirements, conducting reviews, updating policies plus client-facing documentation, making technical adjustments, training staff, engaging in continuous monitoring and improvement as well as  maintaining thorough documentation of their change management and compliance efforts, firms can not only meet their legal obligations but also enhance their service offerings for all clients. It is imperative that firms act promptly to review and adapt their online services to avoid penalties for non-compliance and to contribute to a more inclusive financial services market in the EU.

Next steps and outlook ahead

The EAA marks a significant milestone in harmonising accessibility requirements across the EU, ensuring that people with disabilities can fully participate in society. In conclusion, a number of financial services firms, even those that are starting from an existing strong base of compliance, may want to take proactive steps to ensure that their online service offerings comply with the EAA by the June 2025 deadline.

For (financial services) firms, this means engaging in thorough monitoring and adaptation processes to ensure that products and services align with the EAA’s requirements. By conducting comprehensive reviews and updating practices, policies and procedures, firms can ensure they are not only compliant within their home country but also across other Member States where they operate. This harmonisation effort is crucial in eliminating barriers and fostering a more inclusive market environment.

EU Member States have a critical role in implementing and enforcing the EAA’s aims and outcomes. They must ensure that national laws are kept updated to reflect the EAA’s requirements, establish robust compliance-checking mechanisms and provide clear guidance to businesses on meeting these standards. Additionally, authorities (including those beyond just a financial services scope) across Member States are tasked with imposing penalties for non-compliance and offering consumers avenues for addressing grievances and complaints.

The Commission will also continue to play a central role in overseeing the implementation of the EAA. By adopting necessary technical amendments, facilitating the development of harmonised standards, and promoting best practices through its newly established Working Group, the Commission will ensure that the EAA remains effective and responsive to the evolving needs of people with disabilities.

Looking ahead, the Commission's periodic reporting foreseen under the EAA will provide valuable insights into the EAA’s overall impact and areas for further improvement. This ongoing review process will be pivotal in ensuring that the EAA adapts to future technological advancements and societal changes, maintaining its relevance and effectiveness. As we approach the 2025 deadline, the collective efforts of businesses, Member States and the Commission will be crucial in realising the full breadth of the EAA.

About us

PwC Legal is assisting a number of financial services firms and market participants in forward planning for changes stemming from relevant related developments. We have assembled a multi-disciplinary and multijurisdictional team of sector experts to support clients navigate challenges and seize opportunities as well as to proactively engage with their market stakeholders and regulators.  

Moreover, in addition to AI-powered solutions focusing on contractual repapering to meet DORA compliance we have developed a number of RegTech and SupTech tools for supervised firms. This includes PwC Legal’s Rule Scanner tool, backed by a trusted set of managed solutions from PwC Legal Business Solutions, allowing for horizon scanning and risk mapping of all legislative and regulatory developments as well as sanctions and fines from more than 1,500 legislative and regulatory policymakers and other industry voices in over 170 jurisdictions impacting financial services firms and their business.  

Equally, in leveraging our Rule Scanner technology, we offer a further solution for clients to digitise financial services firms’ relevant internal policies and procedures, create a comprehensive documentation inventory with an established documentation hierarchy and embedded glossary that has version control over a defined backward plus forward looking timeline to be able to ensure changes in one policy are carried through over to other policy and procedure documents, critical path dependencies are mapped and legislative and regulatory developments are flagged where these may require actions to be taken in such policies and procedures.   

The PwC Legal Team behind Rule Scanner are proud recipients of ALM Law.com’s coveted “2024 Disruptive Technology of the Year Award”. 

If you would like to discuss any of the developments mentioned above, or how they may affect your business more generally, please contact any of our key contacts or PwC Legal’s RegCORE Team via de_regcore@pwc.com or our website.