The European Accessibility Act: a new digital standard
The European Accessibility Act (EAA), officially known as Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on accessibility requirements for products and services, has been in effect since June 28, 2025.
What exactly is the EAA?
The EAA is a European directive that aims to improve the digital accessibility of products and services for people with disabilities. The ultimate goal is to create a more inclusive digital society within the EU.
This legislation is designed to reduce the barriers faced by people with disabilities in using computers and operating systems, e-books, smartphones and other communication devices, banking services and payment terminals, transportation services and related digital facilities, and finally e-commerce platforms and all related digital processes
There are approximately 135 million people with disabilities in Europe, and this number is expected to increase due to an aging population. This includes not only people with severe disabilities, but also those with color blindness, impaired vision, hearing problems or other impairments that can make it difficult to use digital services.
History and implementation in Belgium
The EAA is the result of more than eight years of negotiations at the European level, with the origins of the initiative dating back to 2011. The final directive was adopted in 2019.
According to the EAA, all EU member states were required to transpose the directive into national law by June 28, 2025. In Belgium, this was done through 14 different laws and decrees, according to federal or community powers. Among others, the Code of Economic Law and the Electronic Communications Act was adjusted.
On June 27, 2025, FPS Economy published guidelines for accessible e-commerce services.
Important dates and transition periods
The EAA took effect on June 28, 2025. Since that date, companies must ensure that their digital products and services are fully compliant with accessibility regulations. However, there are several transitional measures beyond this date:
- Existing service contracts closed before June 28, 2025 can remain unchanged until their expiration date, with a maximum of five years (i.e., until no later than June 28, 2030).
- Existing websites and apps that were already lawfully in use before June 28, 2025 may continue to operate until June 28, 2030 without complete modification.
- Self-service terminals such as bank ATMs that were in use before June 28, 2025, may continue to operate until the end of their economic life (up to 20 years after being put into service).
- Microenterprises (less than 10 employees and an annual turnover or balance sheet total of no more than EUR 2 million) are outside the scope until June 28, 2030. Service contracts with micro-enterprises concluded before June 28, 2030 may remain unchanged until their expiration date, though no later than June 28, 2035.
Scope: What is covered by the EAA?
The EAA applies to a wide range of digital products and services:
- Computer hardware and operating systems for consumers
- Payment terminals and self-service terminals, including all digital banking services
- Terminal Equipment with interactive computing capabilities for electronic communication and audiovisual media services (smartphones, TV receivers, telecom provider apps, streaming services such as Netflix and Spotify)
- E-books and associated software
- Transportation-related digital services, including websites, mobile apps and ticketing systems
- E-commerce platforms and all related digital processes (web shops, payment systems, order tracking, return processes)
Exceptions and exemptions
The EAA provides for some exemptions:
1. Disproportionate burden
A company may obtain an exemption if meeting certain accessibility requirements would require a substantial modification of a product or service (resulting in a fundamental change in its essential nature) AND would impose a "disproportionate burden."
It is important that companies document and retain this assessment. In principle, this documentation is valid for five years, after which a new assessment is required. Changes to the product or service also require a new assessment.
It is worth noting that companies that receive public subsidies or private funding to improve the accessibility of their digital services cannot rely on the disproportionate burden exception.
2. Microenterprises
As mentioned earlier, micro-enterprises are outside the scope of the EAA until June 28, 2030. This means that many self-employed individuals and small SMEs will not have to comply with these obligations for the time being.
WCAG principles for web accessibility
Accessibility laws are based on the internationally recognized Web Content Accessibility Guidelines (WCAG)., administered by the World Wide Web Consortium (W3C). The WCAG guidelines are based on four fundamental principles:
- Observability: All users must be able to accurately perceive the content of a website regardless of any limitations in vision or hearing.
- Operability: The website should be easy to use for all users, for example by enabling navigation via keyboard instead of only via mouse.
- Understandable: The interface and information should be understandable to all users, with predictable navigation and clear language.
- Robust: The website must be compatible with various technologies, including tools for users with disabilities.
A mandatory accessibility statement
As of June 28, 2025, every website covered by the EAA must include an EU Declaration of Conformity. This declaration must be easily accessible via a web page (not as a download) and can be added to the general terms and conditions, as long as it is easy to find.
This statement must state:
- That the website complies with applicable accessibility regulations
- Any exceptions invoked by the company in case of disproportionate burden
- How accessible the site or application is
- The level of compliance with the standard
- Which parts are not yet accessible and what alternatives are offered
- Short- to medium-term improvements planned
- How accessibility was tested
- Contact information for users experiencing difficulties
Liability of web developers
An important aspect that is often overlooked: web developers and agencies are required to deliver EAA-compliant websites and applications as of June 2025. This means they must:
- Need to adequately inform customers about website compliance
- Need to offer the right technical solutions
- Customers should warn of potential legal risks
It is essential for Web developers to properly document their own work, especially if clients choose not to invest additional resources in compliance. If unclear, it is advisable to refer clients to a specialized lawyer for advice.
Enforcement and sanctions
The enforcement of the EAA in Belgium will probably be carried out by the FPS Economy, although according to the latest information they are not yet fully equipped for this task. The law requires inspections to be carried out with the assistance of persons with disabilities.
Although online tools exist that can rate Web sites for accessibility according to WCAG standards, experts say they are not always reliable and should be used with caution.
How can our law firm help you?
As a company covered by the EAA, you face several challenges:
- Assessment of your current digital presence To determine where improvements are needed
- Development of an implementation strategy taking into account the deadlines
- Documentation and substantiation Of any exceptions based on disproportionate burden
- Preparation of a correct EU declaration of conformity
- Contractual arrangements with web developers and IT vendors to ensure compliance
Our law firm has expertise in digital law and can guide you through every step of this process. We offer:
- Legal audits Of your digital services and products
- Custom advice About the specific requirements that apply to your business
- Drafting documents such as the EU declaration of conformity and assessments of disproportionate burden
- Contractual support In arrangements with IT vendors
- Guidance for any checks by supervisory authorities
The June 28, 2025 deadline seems a long way off, but thorough implementation requires time.
Dutch 
English