EAA: Key Requirements and Implications for Compliance

Directive (EU) 2019/882, commonly known as the European Accessibility Act, represents a significant step forward in harmonising accessibility requirements within the European Union. This legislation aims to ensure that various products and services, whether automated teller machines, banking services or e-commerce platforms, are accessible to everyone, and in particular to persons with disabilities. Through this initiative, Europe sets itself the goal of removing the barriers that hinder the inclusion of people living with disabilities in everyday life and the digital economy.

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1. What are the key requirements of the European Accessibility Act?

The European Accessibility Act (Directive (EU) 2019/882) establishes a clear regulatory framework intended to ensure the accessibility of products and services for a broad population, in particular persons with disabilities. One of the key aspects of this legislation is the need to design accessible products, by building in from the outset features that make them easier to use for everyone, without exception. This framework covers various fields, including information and communication technology, transport services and even public infrastructure.

At the heart of this directive is the requirement that all products and services be designed to maximise their foreseeable use by persons with disabilities. This means that accessible information regarding the operation and accessibility features must accompany these products. For example, automated teller machines and payment terminals, which are essential in our daily lives, must comply with these standards to ensure that everyone can access them without difficulty.

In Ireland, this directive has been incorporated into national law through the Irish regulations (SI No. 636/2023), which set out the specific requirements that must be met by these products and services. The application timetable, set for 28 June 2025, will mark the beginning of a new era in which compliance with accessibility standards will become mandatory.

The transitional measures are also noteworthy: until 28 June 2030, service providers may continue to use products that already comply with the legislation in force, giving them time to prepare for these new obligations. In addition, products that comply with the EU harmonised standards are presumed to conform to the directive, thereby offering a clear path to compliance.

This approach is intended not only to protect the rights of persons with disabilities, but also to encourage greater participation by everyone in the digital and everyday economy. By putting in place these key requirements, the European Accessibility Act endeavours to combine accessibility and innovation, thereby ensuring that technological progress leaves no one behind.

It is imperative for organisations to familiarise themselves with these requirements in order to ensure their compliance. The next phase of this process will highlight how Irish legislation applies these principles in implementing the European Accessibility Act.

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2. How does French legislation implement the European Accessibility Act?

The implementation of the European Accessibility Act (EAA) in France represents a strong commitment to universal accessibility across all sectors of society. The French legal framework, which transposes the European directive through Ordinance No. 2022-560 of 13 April 2022 and the forthcoming implementing decree, sets out both the technical requirements and the obligations incumbent on manufacturers and service providers.

One of the essential pillars of this framework is the obligation for companies to carry out an assessment of the risks associated with the inaccessibility of their products and services. This analysis makes it possible to identify the barriers that persons with disabilities might encounter. Companies must therefore establish appropriate internal procedures to remedy these obstacles, ensuring that their products and services comply with the accessibility standards laid down by European and French regulations.

In parallel, the law imposes a duty of enhanced transparency. Compliant products and services must be clearly identifiable, with usage information accessible to all. This includes adapting instructions for use and digital interfaces, which must be designed in clear, simple and comprehensible language, accompanied by explicit visual aids in order to guarantee an inclusive experience for all users. These requirements apply in particular to players in e-commerce and marketplaces, who must adapt their platforms.

Moreover, companies must anticipate the evolution of societal expectations regarding accessibility. Consumers are increasingly sensitive to these issues, and organisations that fail to comply with these obligations would expose themselves to risks that are not only legal but also reputational. By incorporating the requirements of the European Accessibility Act, they demonstrate not only their regulatory compliance but also their commitment to inclusion and equal rights.

The French legislator has provided for transitional measures, giving companies time to adapt. Until 28 June 2030, they are permitted to continue marketing products meeting the previous standards, while preparing to bring themselves into compliance with the new obligations imposed by the European directive.

Finally, control mechanisms are provided for to ensure the effectiveness of these regulations. Penalties apply in the event of non-compliance with the accessibility requirements, reaffirming the responsibility of economic operators in applying this legislation.

This crucial step towards compliance will help accelerate the concrete integration of European accessibility standards into the daily lives of persons with disabilities. French legislation, through its precision and its demanding nature, paves the way for a fully inclusive society that meets the specific needs of each individual.

This process of adaptation, ambitious but essential, constitutes a major lever for promoting equal opportunities at the heart of the European economy. The next section will explore the consequences of any potential non-compliance with these regulations.

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3. What are the consequences of non-compliance with the Accessibility Act?

The question of compliance with the European Accessibility Act (EAA) is crucial for companies and organisations operating in the sectors covered by the legislation. In France, this European directive was transposed by Ordinance No. 2022-550 of 13 April 2022, supplemented by implementing texts, specifying the obligations and the penalties incurred in the event of non-compliance with the accessibility requirements.

Failure to comply with the accessibility rules imposed by the EAA exposes companies to administrative and criminal penalties. The ordinance indeed provides that the competent national authority — in France, the Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF) — is empowered to monitor the conformity of products and services with the accessibility requirements. In the event of a breach, administrative fines of up to 75 000 € may be imposed on legal entities, in accordance with the provisions of the Consumer Code.

In addition, company directors may be held personally liable where it is established that they knowingly allowed the non-compliance to persist. This highlights the direct responsibility of decision-makers in implementing legal obligations, underscoring the need to raise awareness among and train internal teams on accessibility issues and standards.

Furthermore, French legislation provides for an individual complaint mechanism: consumers with disabilities may report breaches to the DGCCRF or bring the matter before the civil courts in order to obtain injunctions to act or to cease, or even damages. This increases the pressure on economic operators to ensure effective compliance with the accessibility rules.

But beyond the legal risks, non-compliance also carries major reputational impacts. In an environment where consumers are increasingly attentive to the inclusiveness of products and services, companies that neglect these issues expose themselves to a loss of customer trust and to public criticism. Conversely, anticipating and incorporating the requirements of the EAA makes it possible not only to avoid penalties, but also to showcase their commitment to inclusion.

It is therefore essential for organisations to become fully aware of the importance of their responsibility in matters of accessibility, and to implement proactive measures to ensure the compliance of their products and services. This shift towards accessibility, far from being a mere regulatory constraint, constitutes a genuine strategic opportunity. It contributes to innovation and value creation, while fostering the inclusion of persons with disabilities and, more broadly, improving the user experience for everyone.