As of tomorrow, 28th June 2025, businesses have a new obligation to adhere to in terms of the European Accessibility Act (EAA). The European Accessibility Act was transposed into Maltese law in terms of the Accessibility Measures (European Accessibility Act), Subsidiary Legislation 627.03.
At the core of the directive is the principle of “design for all”, meaning that products and services must be usable by as many people as possible, including those with diverse physical, sensory, or cognitive disabilities.
This is an opportunity for businesses who attract customers across the EU to widen their reach by having their digital services and products more accessible to persons with disabilities. The Act does not only help businesses but it makes the space more inclusive and more user friendly for all parties involved.
Is the European Accessibility Act, the first piece of legislation which regulates inclusivity of persons with disabilities in the digital world?
The European Accessibility Act is not the first international regulation that tackles the inclusivity of persons with disabilities in the digital world. The Act compliments Web Accessibility Directive (WAD) and the UN Convention on the Rights of Persons with Disabilities (UNCRPD) that came before it and set the foundations for the EAA to promote and raise standards of accessibility across the board.
The WAD sets out requirements for public sector websites and mobile applications which includes government portals, local councils, and public universities to meet standards of accessibility for disabled persons. However, this does not apply to the private sector. The focus of this Directive was to protect disabled persons and ensure that they are able to access and use the public services online like everyone else. This is something the EAA is taking into consideration as it does not only regulate the public sector, but is also including the private sector. In addition to the WAD, the EEA is clearly fulfilling the commitments laid out by the UNCRPD which the EU ratified in 2010. The convention mainly recognised accessibility as a fundamental human right not only with respect to online services and information, but also when it comes to the physical environment itself and transportation etc. Thus, it obliges all signatories, including the EU to take the necessary steps to ensure people with disabilities will not find difficulties with accessibility throughout their lives.
What is the applicability of the European Accessibility Act?
The European Accessibility Act applies to a wide range of products and services that are essential to daily life. It specifically targets areas where accessibility barriers are most common and where EU-wide rules can have the greatest impact. Among the covered products are digital devices such as computers & smartphones which must be designed in ways that allow use by persons with various disabilities. By covering both products and services in a holistic manner, the EAA ensures that accessibility is addressed not just at the point of interaction, but throughout the entire user experience. This comprehensive approach is designed to eliminate persistent gaps in access and ensure consistency across the whole internal market.
Other physical products covered include interactive self-service terminals, such as ATMs, check-in kiosks, and payment terminals. All must be made accessible through tactile, visual, and audio interfaces, where appropriate. The directive also applies to digital television equipment and related consumer hardware, ensuring that interfaces and functions such as menus, guides, and settings can be navigated independently. Equally important is the Act’s focus on services, particularly those that are increasingly provided online. E-commerce platforms including websites and mobile apps that facilitate the purchase of goods and services are subject to strict accessibility requirements.
This does not only mean the layout and navigation of online stores, but also checkout systems, payment processes, and digital customer support.Banking and financial services are also covered by the EAA, thus individuals that suffer from a disability must be able to access to online banking platforms, ATMs, and customer helplines without facing digital or physical barriers.
The transport sector is another key area addressed by the EAA. Providers of every type of passenger services (air, land & maritime) must ensure that their booking systems, real-time information displays, and digital check-in services are accessible to all. Additionally, the Act extends to telephony services, whereby the Act ensures that communications including emergency services are inclusive for people with hearing, speech, or cognitive impairments. Even e-books and the software used to access them are included in the scope of the directive, acknowledging the growing importance of accessible digital reading formats in education and leisure.
What measures are introduced by the European Accessibility Act to ensure accessibility?
The European Accessibility Act lays out a clear set of accessibility requirements that apply to the design, production, and provision of certain products and services across the EU. These requirements are legally binding standards that businesses and service providers must follow when operating within the internal market. Accessibility must be integrated into the functionality, interface, and presentation of the product or service from the outset.
For digital services, the EAA requires compliance with well-established technical benchmarks, most notably the Web Content Accessibility Guidelines (WCAG) 2.1 AA and the European Standard EN 301 549. This means that websites, mobile applications, and user interfaces must be perceivable, operable, understandable, and robust, therefore with specific features such as proper colour contrast, keyboard navigation, screen reader compatibility, and clear content hierarchy.
The Act also mandates that information provided to the public including instructions, customer service, contracts, and help documentation must be accessible in formats suitable for different needs, such as large print, braille, audio, or easy-to-read language. Beyond the digital space, the directive imposes requirements on physical accessibility, particularly for self-service terminals, which must offer tactile guidance, visual display compatibility, audio feedback, and alternative input options where appropriate. Importantly, the Act does not stop at the product or software itself but it also applies to related support services.
How is the European Accessibility Act enforced?
The effectiveness of the European Accessibility Act depends not only on the standards it sets but also on the mechanisms for enforcement and oversight that ensure those standards are respected. The directive requires each EU Member State to designate one or more competent authorities responsible for monitoring compliance with the Act. These authorities are tasked with market surveillance, meaning they must proactively check whether products and services covered by the EAA meet the required accessibility criteria. They are also empowered to investigate complaints, conduct audits, and require corrective action where necessary.
If a product or service is found to be non-compliant, national authorities can impose a range of enforcement measures, which may include fines, withdrawal of non-conforming products, or bans on sale or distribution. In addition to top-down enforcement, the EAA gives individuals and civil society organisations including consumer groups, disability rights associations, and NGOs the ability to file complaints and even initiate legal proceedings in national courts.
This dual approach, combining state enforcement with bottom-up accountability, strengthens the directive’s overall impact. In addition, to support consistent implementation across the EU, Member States must also report to the European Commission on the functioning of their national enforcement systems.
What timelines must be adhered to in terms of the EEA?
The directive includes provisions for grace periods and exemptions in certain circumstances. Most notably, the EAA allows that products and services placed on the market or provided before 28 June 2025 may continue to be offered without full compliance until 28 June 2030, provided that they are not substantially modified in terms of functionality or interface.
This five-year transitional period offers businesses time to upgrade their existing platforms, technologies, and systems without immediate legal risk, so long as no significant changes are introduced during this window. However, if a product or service is significantly redesigned, updated, or relaunched after the 2025 deadline, it must immediately comply with the EAA’s accessibility standards, regardless of when it was originally introduced.
In addition, the EAA allows for limited exemptions in cases where compliance would impose a disproportionate burden on the provider or would fundamentally alter the nature of the product or service. These exemptions are subject to strict conditions and must be justified with documented evidence — they are not blanket loopholes.
Overall, the transitional framework balances legal certainty with practical flexibility, enabling businesses to plan ahead while still holding them accountable for long-term accessibility.
The European Accessibility Act represents a major turning point in EU law and policy, transforming accessibility from a voluntary goal into a legally enforceable obligation. By setting common standards across the internal market, the Act not only simplifies compliance for businesses, but also ensures that persons with disabilities can fully participate in digital, economic, and social life.
It addresses long-standing barriers in technology, transport, and communication, promoting equality, autonomy, and dignity. The EAA is more than a technical directive it is a practical tool for delivering fundamental rights across the European Union.
As of 28 June 2025, accessibility is no longer an optional feature or a niche concern. It is a legal duty, a design principle, and a reflection of the EU’s commitment to human rights and inclusion.
For businesses, compliance is not just about avoiding penalties; it is an opportunity to lead in innovation and to reach broader audiences, whilst having genuine social responsibility. For individuals with disabilities, it is a long-awaited step toward equal access in the digital age.
Julian Mifsud
Legal Intern
For more information you can contact one of our Team Members at Mifsud & Mifsud Advocates
