What Exceptions Exist in the EAA?

note

Because we are based in Germany, the explanations in this article are Germany-centric. But the core principles also apply to the European Accessibility Act (EAA) in other countries of the EU.

Hey! So you've decided to look into the European Accessibility Act (EAA) [1]. That's great, because starting June 28, 2025, it will be mandatory for most B2C companies.

The good news is: the law isn't an "all-or-nothing" sledgehammer. It understands that not every case is the same and provides for specific, clearly defined exceptions. If you know the requirements, you might be able to save yourself a lot of work – provided you can clearly demonstrate that an exception applies to you.

Here you will find an overview of the most important exceptions, which we will cover in detail in this section.

warning

In Accessibility-Hub, we focus on the topic of accessibility in the context of websites. Therefore, the exceptions described here focus on digital products and services, especially websites and web apps.

The Exceptions in Detail

We have divided the complex rules into four main areas:

Exception for Microenterprises

Probably the most comprehensive exception. If you are a microenterprise, completely different rules apply to you. We clarify exactly who counts as a microenterprise and what this means for your products and (especially) your services.

Go to the article: Exception for Microenterprises

Exceptions for Specific Content

Do you have to make your old blog articles or PDFs from 2020 accessible? What about third-party YouTube videos or user comments? § 1 Para. 4 EAA regulates exceptions for archives, old media, and third-party content.

Go to the article: Details on Content Exceptions

Exception "Fundamental Alteration"

What if accessibility would change the core of your product? Imagine you sell a purely analog product and would have to digitize it. § 16 EAA regulates when a requirement leads to a "fundamental alteration" and you do not have to implement it.

Go to the article: Details on Fundamental Alteration

Exception "Disproportionate Burden"

Implementation is technically possible but economically ruinous? § 17 EAA is the exception for cases where the costs are disproportionate to the benefit. Clean documentation (based on Annex 4) is crucial here.

Go to the article: Details on Disproportionate Burden

1. Bundesministerium der Justiz und für Verbraucherschutz, “Gesetz zur Umsetzung der Richtlinie (EU) 2019/882 des Europäischen Parlaments und des Rates über die Barrierefreiheitsanforderungen für Produkte und Dienstleistungen (Barrierefreiheitsstärkungsgesetz – BFSG).” 2023. [Online]. Available: https://www.gesetze-im-internet.de/bfsg/ ⤴