The European Accessibility Act (“EAA”), formally known as Directive (EU) 2019/882 (and the Maltese transposition through the “Accessibility Measures (European Accessibility Act) Regulations” – S.L. 627.03), is set to significantly transform the digital and consumer landscape across the European Union. With full implementation required by June 28, 2025, this landmark legislation aims to reduce barriers and foster universal design, ensuring greater accessibility for people with disabilities.

Aim

Despite existing legal commitments, such as the UN Convention on the Rights of Persons with Disabilities, there remain substantial disparities in accessibility standards across EU Member States. The EAA seeks to bridge these gaps by obliging companies to make specific products and services accessible when placed on the EU market.

The EAA will have a far-reaching impact on businesses operating in the sectors mentioned below as it applies to products for consumers with digital components, such as smartphones, e-books or self-service terminals, or certain digital services such as B2C online shops or access services for audiovisual media services, such as streaming providers.

Applicability

The EAA is applicable to the following products, placed on the market after 28 June 2025:

1. 1. consumer general purpose computer hardware systems and operating systems for those hardware systems;
   2. the following self-service terminals:
      (i) payment terminals;
      (ii) automated teller machines;
      (iii) ticketing machines;
      (iv) check-in machines;
      (v) interactive self-service terminals providing information, excluding terminals installed as integrated parts of vehicles, aircraft, ships or rollingstock;
   3. consumer terminal equipment with interactive computing capability, used for electronic communications services;
   4. consumer terminal equipment with interactive computing capability, used for accessing audiovisual media services;
   5. e-readers.

These regulations also apply to the following services provided to consumers after 28 June 2025:

1. 1. electronic communications services with the exception of transmission services used for the provision of machine-to-machine services;
   2. services providing access to audiovisual media services;
   3. the following elements of air, bus, rail and waterborne passenger transport services:
      (i) websites;
      (ii) mobile device-based services, including mobile applications;
      (iii) electronic tickets and electronic ticketing services;
      (iv) delivery of transport service information, including real-time travel information; with regard to information screens, this shall be limited to interactive screens located within the territory of the European Union; and
      (v) interactive self-service terminals located within the territory of the European Union, except those installed as integrated parts of vehicles, aircraft, ships and rollingstock used in the provision of any part of such passenger transport services;
      This category of services excludes urban, suburban and regional transport services, except the requirement (v) above.
   4. consumer banking services;
   5. e-books and dedicated software;
   6. e-commerce services.

However, these regulations do not apply to the following content of websites and mobile applications:

• 1. pre-recorded time-based media published before 28 June 2025;
  2. office file formats published before 28 June 2025;
  3. online maps and mapping services, if essential information is provided in an accessible digital manner for maps intended for navigational use;
  4. third-party content that is neither funded, developed by, or under the control of, the economic operator concerned;
  5. content of websites and mobile applications qualifying as archives, i.e. that contain content that is not updated or edited after 28 June 2025.

The EAA also sets out a number of obligations for the manufacturers, authorised representatives, importers and distributors, when making a product available on the market. Amongst others, these include the strict requirements of CE markings on products, rules on packaging and instructions of products. Various examples of ways in which to meet these obligations are provided in the annexes to the Regulations.

It is important to also point out that two exemptions exist in relation to the application of these rules. These are: (a) microenterprises providing services (fewer than 10 staff and less than €2 million turnover); and (b) where compliance imposes a “disproportionate burden” or leads to “fundamental alteration”. In these cases, businesses must document and justify this burden and an assessment must be reviewed at least every 5 years.

Time Periods

Recognising the need for businesses to adapt, the Directive includes specific transitional periods. There is a grace period for existing products and services that were introduced before June 28, 2025. These must achieve compliance by 28 June 2030. There is an extended deadline for long-life self-service terminals. These devices, such as ATMs or ticketing machines, must comply within 20 years of their installation or by June 28, 2045, whichever comes first.

Penalties and Non-Compliance

Penalties applicable to infringements of provisions of these regulations, to be enforced by the market surveillance authority, and taking into account the extent of the non-compliance, including its seriousness,  and  the  number  of  units  of  non-complying  products or services concerned, as well as the number of persons affected, shall be prescribed, and necessary measures to ensure their implementation shall be undertaken by the market surveillance authority. The penalties shall also be accompanied by effective remedial action in case of non-compliance.

Affected service providers and manufacturers, importers and distributors of products that fall within scope should ensure that they are aware of and able to comply with these obligations.