Is Your Business Legally Required to Follow Accessibility Rules?

Have you heard about the European Accessibility Act (EAA) or the Web Accessibility Directive (WAD)?

Here is the news: both of them outline clear obligations for businesses and public sector bodies operating in the EU to ensure their digital products and services are accessible to all users, including those with disabilities.


Businesses Affected by the European Accessibility Act (EAA)

The European Accessibility Act (EAA) applies to a wide range of private sector businesses that offer products and services deemed essential for daily life and participation in the internal market. These businesses must ensure accessibility by design and comply with harmonized EU standards.

Find out more regarding the directive transposition in the Bulgarian Law at this page.

Key Industries Affected

  1. E-Commerce & Online Retail
    Online stores, marketplaces, and payment platforms must ensure accessible navigation, checkout, and product information.
  2. Banking & Financial Services
    Online banking, ATMs, and payment terminals must support screen readers, voice commands, and tactile feedback.
  3. Public Transport & Mobility
    Booking platforms, ticketing systems, and travel apps must provide accessible real-time updates and interfaces.
  4. Telecommunications & Digital Media
    Streaming services, smart TVs, and telecom apps must offer captions, transcripts, and accessible navigation.
  5. Technology & Consumer Electronics
    Smartphones, computers, e-readers, and self-service terminals must be operable via assistive technologies and provide accessible documentation.
  6. Education & E-Learning Platforms
    LMS systems, virtual classrooms, and course content must support alternative formats and assistive tools.

Exemptions

  • Microenterprises (fewer than 10 employees and turnover under €2 million) may be exempt.
  • Fundamental alteration or disproportionate burden may justify limited compliance.
  • Archived content (unchanged after June 28, 2025) is not subject to the EAA.

Requirements

  • Compliance with EN 301 549: The official European standard for ICT accessibility.
  • Compliance with WCAG 2.1 Level AA: Required for websites, mobile apps, and digital interfaces.
  • Regular accessibility statements must be available for users to understand the level of accessibility.
  • National authorities will conduct audits, investigate complaints, and enforce corrective actions.

Timeline of Enforcement

  • June 7, 2019:
    The European Accessibility Act was officially adopted by the European Parliament and the Council of the European Union.
  • June 28, 2019:
    The directive was published in the Official Journal of the EU and entered into force.
  • June 28, 2022:
    Transposition Deadline − EU Member States were required to incorporate the EAA into their national legislation by this date.
  • 2023–2024:
    Business Preparation Phase − Organizations were expected to begin auditing their digital platforms, planning accessibility improvements, and training teams.
  • June 28, 2025:
    Final Compliance Deadline − All covered products and services must meet the accessibility requirements outlined in the EAA. This includes websites, mobile apps, ATMs, ticketing machines, e-commerce platforms, and more.

Businesses Affected by the Web Accessibility Directive (WAD)

The Web Accessibility Directive (WAD) specifically targets public sector bodies and public services providers within the EU. It mandates that websites and mobile applications of these entities be accessible to all users, including those with disabilities.

Find out more regarding the directive transposition in the Bulgarian Law at Закон за електронното управление page.

Entities Required to Comply

  1. Government Agencies
    Ministries, departments, and administrative bodies.
  2. Municipal and Local Authorities
    City councils, regional governments, and public offices.
  3. Autonomous Public Organizations and Agencies
    Independent public bodies − such as regulatory authorities, ombudsman offices, and national commissions.
  4. Courts and Judicial Bodies
    Courts, tribunals, and other judicial institutions.
  5. Public Health Institutions
    Hospitals, clinics, and health portals.
  6. Educational Institutions
    Public universities, schools, and research centers.
  7. Public Libraries and Cultural Institutions
    Museums, archives, and libraries.
  8. Education & E-Learning Platforms
    LMS systems, virtual classrooms, and course content must support alternative formats and assistive tools.
  9. Companies Providing Public Services Under Contract
    Private companies contracted to deliver public services are required to comply with WAD if they operate on behalf of public sector bodies. This includes:
    • Public transport operators (e.g., bus, metro, rail).
    • Utility providers (e.g., electricity, water, waste).
    • Emergency and safety services.
    • Health and social care contractors.

Requirements

  • Compliance with EN 301 549: The official European standard for ICT accessibility.
  • Compliance with WCAG 2.1 Level AA: Required for websites, mobile apps, and digital interfaces.
  • Regular accessibility statements and feedback mechanisms must be available for users to report accessibility issues.
  • Member States must monitor and report on compliance regularly.

Timeline of Enforcement

  • October 26, 2016:
    The Web Accessibility Directive (Directive (EU) 2016/2102) was adopted by the European Parliament and the Council.
  • November 15, 2016:
    The directive officially entered into force.
  • September 23, 2018:
    Transposition Deadline − EU Member States were required to transpose the directive into national law.
  • September 23, 2019:
    New Public Sector Websites − All newly published websites of public sector bodies must conform to accessibility requirements.
  • September 23, 2020:
    Existing Public Sector Websites − All existing websites of public sector bodies must be accessible.
  • June 23, 2021:
    Mobile Applications − All mobile apps of public sector bodies must meet accessibility standards.
  • December 23, 2021:
    Monitoring Reports − Member States were required to submit their first monitoring reports on accessibility compliance.
  • June 23, 2022:
    Directive Review − The European Commission conducted a formal review of the directive’s application and effectiveness.

Why Accessibility Matters

Failing to comply with EAA or WAD can result in:

  • Legal penalties and fines.
  • Reputational damage.
  • Loss of customers and public trust.

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