European Accessibility Act, accessibility requirements for products
Directive (EU) 2019/882, Arts. 2(1) and 7 to 12, Annex I Sections I and II
In force since .
An accessibility requirements rule binding public and private bodies.
- Obligation class
- Governance, Disclosure
As of .
What it requires
- This duty reaches you through the law of each Member State that transposes the Directive, where you place on the Union market after a consumer general purpose computer hardware system (including personal computers, notebooks, smartphones and tablets) or an operating system for one, a payment terminal, automated teller machine, ticketing machine, check-in machine or interactive self-service information terminal, consumer terminal equipment with interactive computing capability used for electronic communications services or for accessing audiovisual media services, or an e-reader (Article 2(1) and Article 3(39)).
- Design and produce the product so that it complies with the accessibility requirements of Annex I, Section I, and, except for self-service terminals, Section II, in a way that maximises its foreseeable use by persons with disabilities (Article 4(2), Article 7(1)).
- Give the product, including its user interface, the features, elements and functions that let persons with disabilities access, perceive, operate, understand and control it: communicate via more than one sensory channel, offer alternatives to speech and vocal input, to colour and to audible signals, provide flexible magnification, brightness and contrast, provide an alternative to biometrics identification and control, protect the user's privacy when accessibility features are used, and provide software and hardware for interfacing with assistive technologies (Annex I, Section I, point 2, points (a) to (n)).
- If the product is a self-service terminal, provide text-to-speech technology, allow the use of personal headsets and give the possibility to extend the time given where a timed response is required; if it is an e-reader, provide text-to-speech technology (Annex I, Section I, point 2(o), items (i) and (ii)).
- If the product is consumer terminal equipment with interactive computing capability used for electronic communications services, handle real time text and support high fidelity audio where it has text capability in addition to voice, handle total conversation where it has video capabilities, ensure effective wireless coupling to hearing technologies and avoid interferences with assistive devices; if it is used for accessing audiovisual media services, make available the accessibility components provided by the audiovisual media service provider (Annex I, Section I, point 2(o), items (iii) and (iv)).
- Provide the information on the use of the product that is given on the product itself, and the instructions for use, via more than one sensory channel, in an understandable way, in ways users can perceive and in fonts of adequate size and suitable shape with sufficient contrast, make instructions published on a website publicly available when the product is placed on the market, and make the packaging and the installation, maintenance, storage and disposal instructions accessible (Annex I, Section I, point 1, and Section II).
- As a manufacturer, draw up the technical documentation in accordance with Annex IV, carry out the conformity assessment procedure or have it carried out, draw up an EU declaration of conformity and affix the CE marking where compliance has been demonstrated, and keep the technical documentation and the EU declaration of conformity for five years after the product has been placed on the market (Article 7(2) and (3)).
- As a manufacturer, keep procedures in place so that series production remains in conformity, give each product a type, batch or serial number or other element allowing its identification, and indicate your name, registered trade name or registered trade mark and a single address at which you can be contacted on the product, its packaging or an accompanying document (Article 7(4) to (6)).
- As a manufacturer who considers or has reason to believe that a product you placed on the market is not in conformity, immediately take the corrective measures necessary or withdraw it, inform the competent national authorities of the Member States in which you made it available, keep a register of non-complying products and related complaints, and give a competent national authority on a reasoned request all the information and documentation necessary to demonstrate conformity (Article 7(8) and (9)).
- As an importer, place only compliant products on the market, ensure before placing a product on the market that the manufacturer has carried out the conformity assessment procedure, drawn up the technical documentation and affixed the CE marking, do not place a product you believe is not in conformity on the market until it is brought into conformity, and keep a copy of the EU declaration of conformity for five years (Article 9(1) to (3) and (7)).
- As a distributor, act with due care in relation to the requirements of the Directive, verify before making a product available that it bears the CE marking and is accompanied by the required documents and instructions, and do not make a product you believe is not in conformity available until it is brought into conformity (Article 10(1) to (3)).
- If you are an importer or distributor and you place a product on the market under your name or trademark, or modify a product already placed on the market in such a way that compliance may be affected, you are subject to the obligations of a manufacturer under Article 7 (Article 11).
- On request, identify to the market surveillance authorities any economic operator who supplied you with a product and any to whom you supplied one, and be able to do so for five years after the supply (Article 12(1) and (2)).
- You may rely on fundamental alteration or disproportionate burden only to the extent that compliance would require a significant change that results in the fundamental alteration of the basic nature of the product or would impose a disproportionate burden. Carry out an assessment against the criteria in Annex VI, document it and keep all relevant results for five years from the last making available of the product on the market, and send information that you rely on this ground to the market surveillance authorities of the Member State where the product is placed on the market; a microenterprise dealing with products need not document the assessment or send that information (Article 14(1), (2), (3), (4) and (8)). You cannot rely on disproportionate burden where you receive funding, public or private, that is provided for the purpose of improving accessibility (Article 14(6)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
The market surveillance authorities of each Member State, under Article 20 of the Directive.
What this law does
The Directive applies to the following products placed on the market after (Article 2(1)): consumer general purpose computer hardware systems and operating systems for those hardware systems, payment terminals, automated teller machines, ticketing machines, check-in machines and interactive self-service terminals providing information (excluding terminals installed as integrated parts of vehicles, aircrafts, ships or rolling stock), consumer terminal equipment with interactive computing capability used for electronic communications services, consumer terminal equipment with interactive computing capability used for accessing audiovisual media services, and e-readers.
Article 3(39) defines a consumer general purpose computer hardware system as the combination of hardware which forms a complete computer, characterised by its multipurpose nature, its ability to perform, with the appropriate software, most common computing tasks requested by consumers and intended to be operated by consumers, including personal computers, in particular desktops, notebooks, smartphones and tablets.
Article 3(38) defines an operating system as software, which, inter alia, handles the interface to peripheral hardware, schedules tasks, allocates storage, and presents a default interface to the user when no application program is running, excluding an operating system loader, basic input/output system, or other firmware required at boot time or when installing the operating system.
Article 4(2) requires all products to comply with the accessibility requirements set out in Section I of Annex I, and all products except for self-service terminals to comply with those set out in Section II of Annex I. Section I of Annex I requires a product, including its user interface, to contain features, elements and functions that allow persons with disabilities to access, perceive, operate, understand and control the product.
Article 7(1) requires a manufacturer, when placing its products on the market, to ensure that the products have been designed and manufactured in accordance with the applicable accessibility requirements of the Directive.
Article 7(2) requires a manufacturer to draw up the technical documentation in accordance with Annex IV, to carry out the conformity assessment procedure set out in that Annex or have it carried out, and, where compliance has been demonstrated by that procedure, to draw up an EU declaration of conformity and affix the CE marking.
Article 7(3) requires a manufacturer to keep the technical documentation and the EU declaration of conformity for five years after the product has been placed on the market. Article 9(1) requires an importer to place only compliant products on the market. Article 10(1) requires a distributor, when making a product available on the market, to act with due care in relation to the requirements of the Directive.
Article 11 treats an importer or distributor as a manufacturer, subject to the obligations of Article 7, where it places a product on the market under its name or trademark or modifies a product already placed on the market in such a way that compliance with the requirements of the Directive may be affected.
Article 14(1) provides that the accessibility requirements apply only to the extent that compliance does not require a significant change in a product or service that results in the fundamental alteration of its basic nature and does not result in the imposition of a disproportionate burden on the economic operators concerned. Article 14(4) exempts microenterprises dealing with products from the requirement to document their assessment of fundamental alteration or disproportionate burden.
A product in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, shall be presumed to be in conformity with the accessibility requirements of this Directive in so far as those standards or parts thereof cover those requirements (Article 15(1)).
Article 32(2) lets Member States provide that self-service terminals lawfully used by service providers for the provision of services before may continue to be used in the provision of similar services until the end of their economically useful life, but no longer than 20 years after their entry into use. The obligations of the Directive apply equally to economic operators from the public and private sectors (recital 57). The Directive is addressed to the Member States (Article 35).
Article 31 has Member States adopt and publish the laws, regulations and administrative provisions necessary to comply with the Directive by and apply those measures from . Article 30 has each Member State lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to the Directive, and says the penalties provided for shall be effective, proportionate and dissuasive.
When LexLint raises it
When your app profile says your app distributes a software product.