Is your business ready for the EU's new Accessibility Directive, which is effective from 28 June 2025? 

The Directive requires that products and services must be accessible to individuals with disabilities – this is broad and covers 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"

The requirements apply to a wide range of products put on the EU market by importers, manufacturers and distributors and to services provided to consumers in the EU from 28 June. The EU Accessibility Directive was introduced to address the need for equal access and inclusion for people with disabilities, leverage technological advancements, harmonise accessibility standards, and respond to demographic changes (the EU, like the UK, has an ageing population, which can result in more disability). 

In the UK, the Equality Act 2010 includes specific provisions to protect individuals with disabilities. This includes the requirement for reasonable adjustments to be made by employers, service providers, and public bodies to ensure that disabled people are not at a substantial disadvantage.  While UK businesses must comply with the broader remit of the Equality Act 2010, they must now also comply with the more specific requirements of the Accessibility Directive where they provide in-scope goods or services into the EU. 

What is in scope? 

The Directive covers a wide range of products, including:

• E-commerce
• Consumer banking and financial services
• Telephony services
• Computers and operating systems
• Services to access audiovisual media services
• Payment terminals and certain self-service terminals such as cashpoints, ticketing and check-in machines, interactive self-service information terminals
• Smartphones and other equipment for accessing telecommunication services
• TV equipment involving digital TV services
• E-readers
• Certain elements of air, bus, rail and water transport services, such as websites, mobile services, electronic tickets, information
• E-books

Products must:

• Be designed and produced to maximise their use by people with disabilities.
• Comply with detailed rules on information and instructions, user interface and functionality design, support services, and packaging. 

Services must:

• Ensure that products used to provide the service are accessible.
• Provide information about the service, its accessibility features, and facilities.
• Make websites and mobile devices easily accessible.
• Facilitate providing information on accessibility, such as help desks, call centres, and staff training
• Apply practices, policies and procedures to address the needs of people with disabilities.

Examples of what needs to be done!

Annex II of the Directive sets out a non-binding list of ways to comply.  Here are a few examples:

Providing information

• Using the same words in a consistent manner, or in a clear and logical structure, so that people with intellectual disabilities can better understand.
• Providing electronic files which can be read by a computer using screen readers so that people with visual impairments can use the information.
• Accompanying a diagram with a text description identifying the main elements or describing key actions.
• Providing subtitles when video instructions are provided.

User interface and functionality design

• Allowing users to enlarge text, to zoom in on a particular pictogram or to increase the contrast.
• When a computer gives an error signal, providing a written text or an image indicating the error, so that deaf people know an error is occurring.
• Making touch screen buttons bigger and well separated so that people with tremors can press them.
• Avoiding flickering images so that people who are photosensitive and/or get seizures are not at risk.
• Ensuring that software reacts in a predictable way when a particular action is performed and providing enough time to enter a password so that is easy to use for people with intellectual disabilities.

There are similar examples for product packaging and services, such as 

• providing that text can be read by people with visual impairments
• making a payment service user interface available by voice so that visually impaired people can make online purchases independently. 

Supply chain requirements

Even if a service, or part of a service, is subcontracted to a third party, the accessibility of that service should not be compromised and service providers should also be required to comply with the Directive. 

Training

Service providers should train their staff so that they know how to use accessible products and services. That training should cover issues such as information provision, advice and advertising.

Transitional period for services

There is a transitional period ending on 28 June 2030 during which service providers may continue to provide their services using products that were lawfully used by them to provide similar services before that date.

What if making these changes is disproportionate?

The accessibility requirements apply unless compliance would require a significant change in a product or service that results in the fundamental alteration of its basic nature; or if it would result in the imposition of a disproportionate burden on the economic operators concerned.  The exemption is not a low bar.  If you wish to rely on this, you need to carry out an exemption assessment, using detailed criteria that set out in Annex VI to the Directive. Lack of priority, time or knowledge will not be legitimate reasons.  You would need to document your assessment and keep it for five years from when you last made the product available on the market or from the date on which you last provided the service.

What happens if I don't comply?

Individual EU member states are responsible for imposing penalties for non-compliance. These penalties can include fines, the removal of products or services from the market, and the suspension of an organisation's right to do business. As an example, the Irish implementing legislation sets out fines of up to €60k (and even imprisonment of up to 18 months). Companies and their directors, managers, secretaries and other officers can be found guilty of an offence under the Irish regulations. They also outline a procedure for individual consumers to take action against businesses in court if they believe a business is not complying with the legislation (public bodies, private organisations and other third parties with a legitimate interest can also support these consumer actions).

What should I do?

Organisations should be taking steps to make sure that their products and services meet the required standards in the EU.  Compliance may also help towards achieving compliance with the UK's Equality Act. 

Let us know if you need help navigating the accessibility requirements.