Who must comply with the EAA? Scope, exemptions and microenterprises

One of the most common questions about the European Accessibility Act is simply: does this apply to me? This article explains which businesses the EAA covers, which products and services fall under it, why pure B2B stays outside — and how far the much-discussed microenterprise exemption really reaches. The legal overview is on the European Accessibility Act page.

Who is covered in principle

The EAA obliges economic operators: manufacturers, importers and distributors of covered products, as well as providers of covered services. What matters is that the offering is aimed at consumers. So if you provide products or services to end customers in the EU market, you fall within scope in principle — and this holds regardless of where your business is based, as long as you serve consumers in the EU.

For website operators, the most important category is services provided electronically — in other words, e-commerce.

Which products and services are covered

The directive names a defined set. Among the products are computers and operating systems, smartphones, self-service terminals such as payment, ticketing and check-in machines, and e-readers.

Among the services are, in particular: e-commerce (online shops), consumer banking services, electronic communications, access to audiovisual media services, certain elements of passenger transport (air, bus, rail, water) and e-books. For most website operators, e-commerce is the relevant point of contact.

B2C or B2B?

The EAA protects consumers. If your offering is aimed exclusively at other businesses, it falls outside the law. But this B2B focus must be clearly recognisable — through unambiguous labelling and an order process designed accordingly. A site that in practice also serves consumers cannot rely on a merely asserted B2B character.

The microenterprise exemption

This is the most important exemption — and at the same time the most common misunderstanding. A microenterprise is a business with fewer than 10 employees and no more than €2 million in annual turnover or annual balance sheet total. Both conditions must be met.

Such microenterprises are exempt from the requirements when providing services — and without having to prove a disproportionate burden. So a small business running an online shop that stays below the thresholds is exempt for the service.

Two limitations are decisive, though. The exemption does not apply when a microenterprise manufactures covered products — then the obligation exists regardless of size. And it is no licence to ignore accessibility: it concerns only the legal duty, not the value an accessible site has for reach and customers.

Hardship: disproportionate burden

Alongside the microenterprise rule there is a separate route: if implementing accessibility would impose a disproportionate burden, a business can invoke that — under the criteria set out in the EAA and its national implementing laws.

But this is not automatic. Unlike the microenterprise exemption, the burden must be documented and demonstrated against prescribed criteria, and it only exempts to the extent it genuinely applies. This route is therefore open to larger operators too, but demands a robust justification.

Am I affected?

As a rough guide: whoever offers consumers a covered digital service — above all an online shop — and does not stay below the microenterprise thresholds is likely obligated. Whoever manufactures covered products is obligated regardless of size. Pure, clearly labelled B2B stays outside.

If you are affected, the next steps are technical implementation and the accessibility statement. The concrete requirements are summarised in the EAA compliance checklist, and the dates that apply are covered in EAA deadlines. Which national law applies depends on the markets you serve.

This guide is not legal advice. For a binding assessment of your specific case, consult a qualified professional.