EAA: which products and services are concerned?

Accessibility is a fundamental issue in our modern society, affecting users as well as service and product providers alike. The European legislative framework, in particular the European Accessibility Act (EAA), seeks to ensure that a range of products and services are accessible to everyone, including persons with disabilities. But what is the actual scope of this directive? In this analysis, we will examine the various categories of products and services required to comply with the accessibility requirements, and we will also address the notable exceptions that follow. All of this is intended to better understand how to prepare for these new obligations as 2025 approaches.

If you would like to call on an e-commerce lawyer, contact me!

Which products are concerned by the EAA?

The scope of the European Accessibility Act (EAA) is clearly defined in its Article 2, which sets out which products must meet the accessibility requirements as from 28 June 2025. This deadline imposes an obligation on manufacturers and service providers to comply with the accessibility standards established by the EAA.

Among the products concerned, the first category is general-purpose computer hardware systems intended for consumers and their operating systems. According to paragraph 25 of the Directive, these systems must be multipurpose in nature, allowing common computing tasks to be carried out. Typical examples include personal computers, laptops, smartphones and tablets. It is essential to note that specialised computers embedded within other electronic products are not covered by this directive.

Next, the Directive applies to various types of self-service terminals. These include payment terminals and equipment such as automated teller machines, ticketing machines and interactive kiosks. Paragraph 26 specifies that these devices must comply with the accessibility standards at both the hardware and software level.

Another type of product concerned by the EAA is consumer terminal equipment with interactive computing capabilities, used for electronic communications services. This includes products such as smartphones and tablets, but also routers and modems that facilitate access to communication services.

Equipment used to access audiovisual media services is also included. Here, the reference is to products such as smart TVs, media players and even games consoles, which enable users to enjoy streamed audiovisual content.

Finally, the Directive covers e-readers, defined in paragraph 42 as equipment dedicated to accessing, navigating and reading e-book files. Well-known examples include the Amazon Kindle and Kobo devices, which are specifically designed to meet these needs.

In conclusion, the scope of the EAA includes a variety of essential products that must be accessible by 2025, ranging from consumer electronic equipment to audiovisual media service platforms. It is therefore imperative for manufacturers and service providers to begin taking steps to ensure their compliance with these accessibility requirements.

Let's discuss your needs for 15 minutes!

Which types of services must comply with the accessibility requirements?

The European Accessibility Act (EAA) is not limited to products alone but also applies to various types of services that must comply with the accessibility requirements established by this legislative framework. Article 3 of the directive clearly sets out which services are concerned, focusing on those that have a direct impact on consumers, in particular persons with disabilities.

First of all, a wide range of electronic communications services is included. This encompasses services provided by telecommunications operators, such as voice calls, messaging services and data over mobile and fixed networks. These services must ensure compliant accessibility, enabling all users, whatever their type of disability, to enjoy a smooth experience identical to that of other members of society.

Next, the directive extends to audiovisual media services, which play a crucial role in the consumption of digital content. This includes not only television channels and streaming platforms, but also content rental and distribution services. In accordance with the accessibility standards, these services must incorporate features such as subtitles, audio description and adapted interfaces.

In addition, online services must comply with the accessibility requirements. This concerns websites and applications that offer a range of information or services, whether commercial or public. Article 4 expressly states that these platforms must be designed to ensure that every user has optimal access to information, regardless of their disability.

Finally, self-service terminals complete this list, since their accessibility is also a requirement set out in the directive. For example, ordering kiosks in fast-food restaurants or information kiosks in train stations must incorporate elements that make them easier to use for persons with physical or sensory limitations.

In short, the services covered by the EAA encompass a wide range of digital and physical interactions whose purpose is to ensure universal accessibility. Providers of these services must therefore take proactive measures to ensure their compliance with these requirements, ahead of the 2025 deadline.

I want reliable legal documents!

What are the exceptions to the scope of the EAA?

Although the European Accessibility Act (EAA) imposes significant obligations on manufacturers and service providers, certain notable exceptions exist. These exceptions, addressed in Article 4, specify which types of content are not subject to the accessibility requirements established by the Directive.

First, pre-recorded time-based media content published before 28 June 2025 is exempt. This means that any video or audio available online before that date will not be subject to the accessibility standards. This framework is intended to limit the scope of the requirements to new content, taking into account the efforts that businesses may make to comply with these rules on recent material.

Second, office file formats such as documents or presentations published before the same date will not fall within the scope of the accessibility requirements. Consequently, users need not be concerned about bringing historical documents or past work into compliance.

Third, certain online maps and mapping services also escape the rules, provided that the essential information is supplied in an accessible format for navigable uses. This point allows mapping providers to continue operating without being subject to the strict requirements, subject to providing the critical information in an accessible manner.

Another important exception concerns third-party content that is neither funded nor developed by, nor under the control of, the economic operator concerned. Thus, businesses are not required to ensure the accessibility of content they have not created or managed, which may ease the constraints on those that offer sharing platforms.

Finally, archives, defined as websites or applications containing only content that is not updated after the specified deadline, are likewise not subject to the accessibility requirements of the Directive. This protects historical resources that do not evolve over time and makes it possible to concentrate efforts on new content and services.

Through these exceptions, the Directive recognises the challenges that businesses may face, while ensuring that the focus is placed on creating an accessible environment for all through the new development of products and services.