Preparing for the EU Accessibility Act: What Agencies Need to Know Before 2025

The European Accessibility Act (EAA) represents a significant shift in digital accessibility requirements for businesses operating in the European Union. As a digital agency serving clients with European customers, understanding this legislation is crucial for future-proofing your deliverables.

What is the European Accessibility Act?

The European Accessibility Act (Directive (EU) 2019/882) is legislation aimed at improving the accessibility of products and services within the EU market. Unlike previous EU accessibility regulations that focused primarily on the public sector, the EAA extends accessibility requirements to many private sector products and services.

The EAA was adopted in 2019, and member states had until June 2022 to transpose it into national law. The requirements will be fully enforced starting June 28, 2025.

Which Digital Products and Services Are Covered?

The EAA covers a wide range of digital products and services, including:

E-commerce websites and mobile applications
Banking services
E-books and e-readers
Self-service terminals (like ticketing machines)
Consumer computer hardware and operating systems
Telecommunications services
Services providing access to audiovisual media services

If your agency creates any of these digital products for clients who operate in the EU market, you'll need to ensure compliance with the EAA.

Key Requirements for Digital Services

While the specific technical requirements will be detailed in implementing acts, the EAA generally aligns with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. Key requirements include:

1. Perceivable Information

Text alternatives for non-text content
Captions and alternatives for time-based media
Adaptable content that can be presented in different ways
Distinguishable content with sufficient contrast

2. Operable User Interface

Keyboard accessibility
Sufficient time to read and use content
Avoidance of content that could cause seizures
Navigable content with multiple ways to find pages

3. Understandable Information

Readable and predictable content
Input assistance to help users avoid and correct mistakes

4. Robust Content

Compatible with current and future user tools, including assistive technologies

5. Documentation and Support

Accessible documentation about the use of the product
Accessible customer support services

Differences from Existing EU Regulations

The EAA differs from the Web Accessibility Directive (WAD), which came into force in 2018:

The WAD applies to public sector websites and apps
The EAA applies to specific private sector products and services
The EAA has broader scope beyond just websites and apps

Compliance Timeline

June 2022: Deadline for EU member states to transpose the EAA into national law
June 28, 2025: Deadline for products and services to comply with the EAA
June 28, 2030: Deadline for service providers to transition self-service terminals

Penalties for Non-Compliance

The EAA allows each EU member state to determine appropriate penalties for non-compliance. These penalties must be:

Effective
Proportionate to the offense
Dissuasive enough to prevent non-compliance

While specific penalties will vary by country, they could include:

Financial penalties
Exclusion from public procurement processes
Mandatory remediation of accessibility issues
Prohibition from placing non-compliant products on the market

How Digital Agencies Should Prepare

1. Audit Existing Client Products

Use tools like WCAG Auditor to assess the current accessibility status of client websites, apps, and digital services that will fall under the EAA.

2. Update Your Development Processes

Integrate accessibility checkpoints throughout your design and development workflow:

Include accessibility requirements in project briefs
Conduct accessibility reviews during design phases
Implement automated testing in your development pipeline
Perform manual testing before launch

3. Train Your Team

Ensure your designers, developers, and project managers understand:

The requirements of the EAA
Technical implementation of accessibility features
How to test for accessibility issues
How to document accessibility features

4. Create Accessibility Documentation

Help clients prepare the documentation required by the EAA:

Accessibility statements
Instructions for using accessibility features
Information about compatibility with assistive technologies

5. Develop a Remediation Roadmap

For existing client products that will need to comply by 2025, create a prioritized roadmap for addressing accessibility issues.

Business Opportunities for Agencies

The EAA presents several opportunities for forward-thinking digital agencies:

1. Accessibility Audits and Consulting

Offer specialized services to help clients assess their current compliance status and develop remediation plans.

2. Accessibility-First Development

Position your agency as an accessibility expert that builds compliant products from the ground up.

3. Ongoing Compliance Monitoring

Provide continuous monitoring services to ensure clients maintain compliance as their digital products evolve.

4. Staff Training

Offer training programs to help client teams understand accessibility requirements and best practices.

Conclusion

The European Accessibility Act represents a significant shift in accessibility requirements for digital products and services in the EU. By preparing now, digital agencies can help their clients avoid compliance issues while creating more inclusive digital experiences.

The 2025 deadline may seem distant, but implementing comprehensive accessibility practices takes time. Start by assessing your current processes, training your team, and having conversations with clients about the implications of the EAA for their digital presence.

By making accessibility a core part of your agency's value proposition, you'll not only help clients meet legal requirements but also support them in reaching the widest possible audience with their digital products and services.