One Year of the European Accessibility Act: Impact and Key Considerations

It has now been one year since the EU European Accessibility Act (EAA) became applicable. This is a good opportunity to revisit what the EAA requires from organisations, how enforcement has developed so far, and the risks faced by businesses that have not yet achieved compliance.

The EAA requires organisations to make certain digital products and services accessible to people with disabilities. This means that accessibility must be embedded throughout the design, development and testing of digital products, services and content. Organisations should therefore assess in a timely manner whether their digital environment complies with the new requirements and identify any areas where improvements are needed.

The EAA distinguishes between new and existing digital products and services.

• New digital products and services (launched after 28 June 2025). Compliance date: 28 June 2025
• Existing digital service contracts. Certain service agreements concluded before 28 June 2025 may continue for a transitional period of up to five years. While the exact transition period may vary between EU Member States, all digital products and services must ultimately comply with the EAA accessibility requirements by 28 June 2030.
• Existing payment terminals, ticketing terminals and similar self-service terminals may, under certain conditions, continue to be used until the end of their economic life, subject to a maximum period of twenty years after they entered into service. Compliance date: 28 June 2045

The EAA aims to make digital products and services accessible to people with visual, auditory, motor or cognitive disabilities. To achieve this, it sets accessibility requirements for a broad range of products and services.

• Computers and operating systems;
• Smartphones and tablets;
• Payment terminals and certain self-service terminals, such as ATMs, ticket machines, check-in kiosks and interactive information terminals;
• E-commerce services, including online stores;
• Certain aspects of passenger transport by air, bus, rail and water, including websites, mobile applications, electronic tickets and travel information;
• Consumer banking services, such as online banking;
• Television equipment with digital television services;
• E-books and e-readers.

The European Accessibility Act (EAA) sets out accessibility requirements that digital products and services must meet. Compliance with these requirements is assessed by reference to the technical standard EN 301 549 and the Web Content Accessibility Guidelines (WCAG) 2.1 (Level AA). WCAG 2.2 builds on this standard and introduces additional accessibility requirements. It is expected that WCAG 2.2 (Level AA) will become the new benchmark during the course of 2026.

The accessibility requirements are based on four core principles:

• Perceivable: Information must be accessible to all users, including users with sensory impairments.
• Operable: Users must be able to navigate and interact with all functionalities, including through the use of assistive technologies.
• Understandable: Information and navigation must be clear, readable, and predictable.
• Robust: Content must function reliably across different browsers, devices, and assistive technologies.

Micro-enterprises (businesses employing fewer than ten people and/or with an annual turnover below €2 million) that provide e-commerce services are exempt from the EAA requirements.

Certain parts of websites and mobile applications do not need to comply with the EAA accessibility requirements. These include:

• Pre-recorded videos, audio recordings and documents published before 28 June 2025;
• Online maps and mapping services, provided that essential information is supplied in an accessible format;
• Archived website content or sections that are not updated after 28 June 2025;
• Third-party content over which the website operator has no control.

Several authorities are responsible for enforcing the EAA in the Netherlands:

• Authority for Consumers and Markets (ACM): e-commerce services and electronic communications services;
• Netherlands Authority for the Financial Markets (AFM): financial e-commerce services and banking services;
• Dutch Media Authority (CvdM): e-books and services providing audiovisual media services;
• Netherlands Digital Infrastructure Inspectorate (RDI): electronic interactive products;
• Human Environment and Transport Inspectorate (ILT): passenger transport by air, bus, rail and water.

A recent ACM investigation found that, as of March 2026, 61% of the largest Dutch online retailers did not comply with the EAA requirements. According to the ACM, these websites were designed in such a way that people with disabilities were unable to place online orders independently. To date, Dutch regulators have not yet imposed fines specifically for non-compliance with the EAA. However, both the ACM and the AFM have recently announced increased scrutiny and stricter supervision of accessibility compliance.

Other EU countries have already seen enforcement action and litigation. In France, the first court cases concerning the application of the accessibility requirements under the EAA have already resulted in judicial decisions. For example, the supermarket chain Carrefour was given six months to make its website and app fully accessible, subject to a penalty payment of €500 per day in the event of non-compliance. Carrefour argued that it already complied with 71% of the applicable accessibility criteria, but the court found this insufficient: an e-commerce service must be fully accessible.

Failure to comply with the EAA and digital accessibility requirements more generally can therefore create significant compliance risks.

National supervisory authorities may issue warnings but can also impose enforcement measures, including administrative fines and penalty payments requiring organisations to remedy accessibility shortcomings. In the Netherlands, for example, the ACM may impose fines of up to €900,000 per infringement or 1% of annual turnover.

In some cases, regulators may also have the authority to require digital products or services to be taken offline temporarily until they comply with applicable accessibility requirements. In addition to regulatory enforcement, accessibility-related compliance failures often result in negative publicity, reputational damage and reduced consumer trust.

Businesses are also required to notify the relevant supervisory authority if a service becomes temporarily inaccessible. Consumers may likewise submit complaints to the relevant authority where a product or service is inaccessible. Such complaints may trigger regulatory investigations, increased scrutiny and enforcement action.

Consumer organisations may also initiate court proceedings or collective actions on behalf of affected users.

If you would like to learn more about the European Accessibility Act or discuss what it means for your organisation, please feel free to contact Tosca Bokhove and/or Kimia Heidary.