Which Content on Your Website Is Exempt from the EAA?

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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.

You have certainly heard of the European Accessibility Act (EAA), which applies starting June 28, 2025 [1]. It ensures that many digital products and services become accessible, especially e-commerce websites (Section 1 Para. 3 No. 5 EAA).

But now you might be asking yourself: "Oh no, do I have to make all my 500 blog articles from 2018 accessible? What about the old PDFs in the download archive?"

Here is the good news: The law is not retroactive for all content. Section 1 Para. 4 of the EAA [1] explicitly exempts certain types of content on webpages and mobile applications from the requirements.

I will show you exactly what these are here – with clear examples for your website.

The 5 Major Content Exceptions According to Section 1 Para. 4 EAA

The law lists five categories of content for which the accessibility requirements do not apply.

Here is a simple flow chart to check the exceptions:

Flowchart: Checking for exceptions for digital content

Open textual description for "Flowchart: Checking for exceptions for digital content"

This is a step-by-step description of the flowchart that checks whether digital content is exempt from certain rules. The process ends with either "Exception" (green) or "Not excepted" (red).

1. The process begins at the node "Your content".

2. The first decision is: "Published before 28.06.25?"

   • Yes: Continue with step 3.
   • No: Skip steps 3, 4, and 5 and go directly to step 6.

3. Decision: "Video/Audio?"

   • Yes: The result is "Exception" (process ends).
   • No: Continue with step 4.

4. Decision: "PDF/Office file?"

   • Yes: The result is "Exception" (process ends).
   • No: Continue with step 5.

5. Decision: "Archive?"

   • Yes: The result is "Exception" (process ends).
   • No: Continue with step 6.

6. Decision (reached from step 2 "No" or step 5 "No"): "Online map?"

   • Yes: Continue with step 7.
   • No: Continue with step 8.

7. Decision (only for online maps): "Text info included? (e.g., address, opening hours)"

   • Yes: The result is "Not excepted" (process ends).
   • No: The result is "Exception" (process ends).

8. Decision: "Third-party content?"

   • Yes: Continue with step 9.
   • No: Continue with step 10.

9. Decision (only for third-party content): "3x No rule met?"

   • Yes: The result is "Exception" (process ends).
   • No: The result is "Not excepted" (process ends).

10. Process step: "Other content (e.g., blog post, images, videos, PDFs, etc.)"

    • This path leads directly to the final result: "Not excepted" (process ends).

Recorded "Time-Based Media" (Legacy Videos/Podcasts)

The law states: Exempt are "recorded time-based media published before June 28, 2025" (Section 1 Para. 4 No. 1 EAA [1]).

• What is "time-based media"? Simply put: Videos and audio recordings (e.g., podcasts, product videos, recorded webinars).
• What does this mean for you? All your old videos on YouTube or Vimeo, all old podcast episodes that you uploaded before the deadline, do not have to be retrospectively provided with subtitles, audio descriptions, or transcripts.

Warning

This exception does not apply to new content! Every video or podcast you publish starting June 28, 2025 must comply with the accessibility requirements (e.g., subtitles, transcripts).

File Formats of Office Applications (Legacy PDFs/Word Docs)

The law states: Exempt are "file formats of office applications published before June 28, 2025" (Section 1 Para. 4 No. 2 EAA [1]).

• What are "Office Applications"? These are primarily PDFs, but also Word documents (.doc/.docx), Excel spreadsheets (.xls/.xlsx), or PowerPoint presentations (.ppt/.pptx).
• What does this mean for you? Your entire download area with old annual reports as PDFs, old price lists, or technical data sheets from 2024 or earlier is safe. You do not have to retrospectively convert these documents into accessible "PDF/UA" documents.

Warning

Here too: If you publish a new PDF (e.g., the 2025 annual report) starting June 28, 2025, this document must be accessible.

Online Maps and Mapping Services

The law states: Exempt are "online maps and mapping services, provided that for maps intended for navigation purposes, essential information is provided in an accessible digital format" (Section 1 Para. 4 No. 3 EAA [1]).

• What does this mean for you? You can continue to embed an interactive map from Google Maps, Mapbox, or OpenStreetMap. The map itself (i.e., the visual, interactive element) is exempt from the requirements.
• What is the "Provided that" condition? You must still offer the "essential information" accessibly. In the website context, this is almost always the address, opening hours, or directions as normal text next to or below the map.

Example of an Exempt Online Map

<!-- NOT EXEMPT (because essential) -->
<div class="anfahrt-text">
  <h3>How to find us:</h3>
  <dl>
    <dt>Address:</dt>
    <dd>Muster-App GmbH, Musterstraße 1, 10115 Berlin</dd>
    <dt>Opening Hours:</dt>
    <dd>Mon-Fri, 9:00 - 17:00</dd>
  </dl>
</div>

<!-- EXEMPT (according to Section 1 Para. 4 No. 3 EAA): -->
<iframe src="[https://maps.google.com/](https://maps.google.com/)..."></iframe>

Third-Party Content (The 3-No Rule)

This is the trickiest exception. The law states: Exempt are "content of third parties that is neither financed nor developed by the economic operator concerned, nor under their control" (Section 1 Para. 4 No. 4 EAA [1]).

What does this mean for you? To be exempt, all three conditions must be met (the "3-No Rule"):

1. Not financed by you.
2. Not developed by you.
3. Not controlled by you.

Here is the logic as a flow chart:

Flowchart: Checking for third-party content (3x-No Rule)

Open textual description for "Flowchart: Checking for third-party content (3x-No Rule)"

This is a step-by-step description of the flowchart that checks whether third-party content qualifies as an exception. The diagram checks three conditions in sequence.

1. The process begins at the node "Your content (from third parties)".

2. The first decision is: "Financed by you?"

   • Yes: The result is "Not excepted" (process ends).
   • No: Continue with step 3.

3. The second decision is: "Developed by you?"

   • Yes: The result is "Not excepted" (process ends).
   • No: Continue with step 4.

4. The third decision is: "Under your control?"

   • Yes: The result is "Not excepted" (process ends).
   • No: The result is "Excepted (All 3 conditions met)" (process ends).

In summary: The content is only excepted if all three questions ("financed," "developed," "under control") are answered with "No".

Here are some clear examples:

Embedded X/Twitter Feed

An embedded X/Twitter feed that automatically loads tweets from others is exempt. Why? You don't finance it, you don't develop it, and you don't control the content of the external tweets.

Flowchart: Example application of the 3x-No Rule (Twitter Feed)

Open textual description for "Flowchart: Example application of the 3x-No Rule (Twitter Feed)"

This is a step-by-step description of the flowchart. It shows how the “3x-No Rule” is applied to a “Twitter Feed,” resulting in an exception.

1. The process begins at the node "Twitter Feed".

2. The first question is: "Financed by you?"

   • No: Continue with step 3. (The diagram only shows this path.)

3. The second question is: "Developed by you?"

   • No: Continue with step 4. (The diagram only shows this path.)

4. The third question is: "Under your control?"

   • No: The result is "Excepted (All 3 conditions met)" (process ends).

The diagram illustrates the path where all three conditions are answered “No,” which leads to the content being excepted.

Partner Advertisement

An advertisement from a partner that you display on your webpage is not exempt. Why? You finance it (indirectly through revenue) or at least you control (where it appears).

Flowchart: Example application of the 3x-No Rule (Advertisement)

Open textual description for "Flowchart: Example application of the 3x-No Rule (Advertisement)"

This is a step-by-step description of the flowchart. It shows how the “3x-No Rule” is applied to an “Advertisement” and why it is not excepted.

1. The process begins at the node "Advertisement".
2. The first question is: "Financed by you?"
   • Yes: The result is "Not excepted" (process ends).

The diagram illustrates the path where the first condition (“financed”) is answered “Yes”, which directly leads to the content not being excepted.

A YouTube Video

A YouTube video that you produced and uploaded yourself is not exempt. Why? You developed it.

Flowchart: Example application of the 3x-No Rule (YouTube Video)

Open textual description for "Flowchart: Example application of the 3x-No Rule (YouTube Video)"

This is a step-by-step description of the flowchart. It shows how the “3x-No Rule” is applied to a “YouTube Video” and why it is not excepted in this case.

1. The process begins at the node "YouTube Video".

2. The first question is: "Financed by you?"

   • No: Continue with step 3. (The diagram only shows this path.)

3. The second question is: "Developed by you?"

   • Yes: The result is "Not excepted" (process ends).

The diagram illustrates the path where the first condition (“financed”) is answered “No”, but the second condition (“developed”) is answered “Yes.” This directly leads to the content not being excepted.

The Comment Trap

One might think that a user comment under a blog article is "third-party content." Wrong! You have control over this content (you can delete or edit it). Therefore, your comment section is not subject to this exception and must be accessible to use.

Content Considered Archives

The law states: Exempt are "content of websites and mobile applications considered archives, because their content will neither be updated nor revised after June 28, 2025" (Section 1 Para. 4 No. 5 EAA [1]).

• What does this mean for you? This is the "Rest in Peace" exception. If you have an old section of your website (e.g., an old blog, press releases from 2010-2020) that you will never touch again, it is considered an archive and is exempt.
• Tip: It is useful to clearly label such areas as "Archive" and separate them from the main navigation.
• Important: As soon as you update even minimally a single one of these articles (e.g., change a date), it loses its archive status and must be made accessible!

Conclusion

The exceptions in Section 1 Para. 4 EAA [1] are an enormous relief for handling your legacy data. You do not have to rebuild your entire website history to be accessible.

But always remember:

1. Deadline June 28, 2025: Almost all exceptions (media, documents, archives) are tied to this deadline.
2. No Carte Blanche: The EAA applies in full to all new content that you create starting from this date.
3. Caution with "Third-Party Content": The "3-No Rule" (neither financed, nor developed, nor controlled) is strict. Content like user comments or advertising banners are almost never exempt.

Focus on making your new processes and content accessible starting from the deadline.

Frequently Asked Questions (FAQ)

What about my logo? Is it exempt?

No, a logo does not fall under Section 1 Para. 4 EAA [1]. It is a normal website component. However, it must be accessible. If your logo is clickable (leading to the homepage), it requires alternative text describing the function, e.g., alt="Company Name - To Homepage". If it stands purely decorative next to the written-out company name, it can receive an empty alt text (alt="").

I have old blog articles (text + image) from 2023. Are they exempt?

Only if they are considered an Archive (No. 5). This means you must never touch them again. If you plan to keep these articles current, you must make them accessible (e.g., alternative text for images, correct heading structure). The exception for "legacy" content applies only to media (No. 1) and office files (No. 2), not to standard HTML webpages.

What about live videos?

"Time-based media" (No. 1) refers to recorded media. Live videos have their own rules (specified in EN 301 549). In short: The requirements are lower for live broadcasts (e.g., no obligation for live audio description), but as soon as you save and offer the recording of the live video, it becomes a "recorded medium" and requires (after a certain period) subtitles, etc. – provided it was created after June 28, 2025.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. The application of Section 1 Para. 4 EAA is a complex case-by-case decision. I assume no liability for the accuracy or completeness of the information presented here. Please consult a specialized lawyer for your specific situation.

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/ ⤴