Understanding Exceptions for Micro-Enterprises according to Section 3 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. If you are a small company or a solo self-employed individual, you are probably asking yourself: "Does all this apply to me too?"

I have good news here: There are massive exception rules for micro-enterprises.

Here, I will show you exactly what a "micro-enterprise" is under the law, which exception applies to you, and where the crucial catch lies regarding products and services.

Am I a "Micro-Enterprise"? The Definition

Before we celebrate, we need to check whether you qualify as a micro-enterprise at all. The definition can be found in Section 2 No. 17 of the EAA [1].

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You are a micro-enterprise if your company:

1. employs fewer than 10 persons AND
2. either achieves an annual turnover not exceeding 2 million Euros OR has an annual balance sheet total not exceeding 2 million Euros.

Important: The first condition (fewer than 10 employees) must always be met, plus one of the two financial conditions. As a solo self-employed individual, you definitely fall under this category.

Here is a decision tree to help you check your status:

Flowchart: Microenterprise Assessment

Open textual description for "Flowchart: Microenterprise Assessment"

This flowchart provides a step-by-step assessment of whether a company qualifies as a microenterprise under § 2 No. 17 EAA.

1. The process begins at "Start: Microenterprise assessment".

2. First decision: "Fewer than 10 employees?"

   • No (10 or more): The result is "You are NOT a microenterprise" (end, red).
   • Yes: Continue with step 3.

3. Second decision: "Annual turnover OR annual balance sheet total is equal to or more than 2 million EUR?"

   • Yes: The result is "You are NOT a microenterprise" (end, red).
   • No: The result is "You are a microenterprise" (end, green).

The Crucial Difference: Products vs. Services

This is the core of the exception rule. The question is: Do you offer (digital) services, or do you trade in (physical) products covered by the EAA?

Services (The Complete Exception)

This is the most important exception for most small businesses: Section 3 (3) Sentence 1 EAA [1] specifies:

(The accessibility requirements) shall not apply to micro-enterprises providing or rendering services.

In plain terms: If you are a micro-enterprise and offer services that fall under the EAA (e.g., an e-commerce website, an app, banking services), you are completely exempt from the accessibility requirements.

Examples:

• You are a freelance web designer and create online shops.
• You are a small startup with 8 people and offer an app.
• You are a local retailer (fewer than 10 people) and run your own online shop.

In all these cases, the obligations of the EAA do not apply to your service. However, for products you might sell additionally, the situation may be different (see next tab).

Products (The 'Exception to the Exception')

Caution: The complete exception in Section 3 (3) EAA [1] applies only to services.

If, as a micro-enterprise, you manufacture, import, or sell products covered by the EAA (see Section 1 (2) EAA [1] – e.g., e-book reading devices, payment terminals, computers), then the EAA applies to you!

But (and this is the good news): You receive simplified obligations if you wish to invoke the other exceptions (Section 16 or Section 17). More on this in our articles on Section 16 "Fundamental Alteration" and Section 17 "Disproportionate Burden".

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Even if you have to make your products accessible, your services (e.g., your website, app) are exempt from the requirements of the EAA as a micro-enterprise.

Here is the entire process visualized:

Flowchart: Application of EAA Obligations for Microenterprises

Open textual description for "Flowchart: Application of EAA Obligations for Microenterprises"

This flowchart shows how EAA requirements apply to microenterprises based on what they offer (services or products).

1. The process begins at "Start: Do you fall under the EAA as a microenterprise?" and continues to the distinction "What do you offer?" (D).

2. Services path:

   • The offering is "Services (e.g., website, app, online shop)" (E).
   • Result: "Full exemption under § 3 (3) EAA" (F).
   • End: "No EAA requirements to fulfill." (G, green).

3. Products path:

   • The offering is "Products (also) (e.g., e-readers, hardware)" (H).
   • Determination: "EAA obligations apply to the products." (I).
   • Decision: "Is an exemption (§ 16 or § 17) applicable?" (J)
     • No: Result: "Product must be compliant." (K, red).
     • Yes: Result: "Simplified obligations!" (L). This leads to "No documentation duty (5 years) / No notification duty" (M) and ends with "Only provide 'facts' upon authority request." (N, green).

Risks and Open Questions

The exception for micro-enterprises providing services is a blessing for millions of solo self-employed individuals and small businesses. The biggest risk is misjudging your status.

• Risk 1: Incorrect Counting: If you have 9 employees and 2 "freelancers" who are actually bogus self-employed, the authority could classify you as a company with 11 employees – and you would be fully liable.
• Risk 2: Product or Service? If you offer an app (service) that runs on a special device (product) you sell, the matter becomes complex.

Even if you are exempt as a service provider: accessibility is not just a cost factor. It is also an opportunity. An accessible website often has a better SEO ranking, higher user satisfaction, and opens up a customer group that your competition might ignore.

Conclusion

The exception for micro-enterprises in the EAA is one of the most far-reaching and important regulations of the Act.

Always remember:

1. Check Your Status: Are you really a micro-enterprise according to Section 2 No. 17? Count your employees and check your turnover.
2. Separate Product and Service: This is the most important step.
3. As a service provider: You are highly likely to be completely exempt from the requirements of the EAA (according to Section 3 (3)).
4. As a product trader: You must meet the requirements but have "simplified" obligations if you assert the exceptions in Section 16 or Section 17.

In case of doubt, you should have your status (especially the counting of employees) legally reviewed.

Frequently Asked Questions (FAQ)

I am a freelancer (1 person) and build websites. Does the EAA apply to me?

You are a micro-enterprise (1 person). You provide a service (website creation, which often concerns e-commerce according to Section 1 (3) No. 5 [1]). According to Section 3 (3) Sentence 1 EAA [1], the accessibility requirements do not apply to you.

What if I operate an online shop (service) and sell physical T-shirts (product)?

Here, it depends on the definition of "product" in the EAA. The Act does not apply to all products, but only to those listed in Section 1 (2) EAA [1] (computers, terminals, e-readers, etc.). A T-shirt does not fall under this. Therefore: Your online shop is a service. Since you are a micro-enterprise, you are exempt from the requirements according to Section 3 (3) EAA [1].

What if I operate an online shop (service) and sell e-book readers (product)?

This is the tricky case.

1. For your online shop (the service): As a micro-enterprise, you are exempt according to Section 3 (3) EAA [1].
2. For the e-book reader (the product): E-book readers are listed in Section 1 (2) No. 5 EAA [1]. The EAA obligations apply to this. You must therefore sell accessible e-readers. Should this not be possible (e.g., Section 16 or Section 17), the simplified obligations apply to you (no documentation, no notification).

What counts as an "employee"? Only full-time?

The law states "persons employed" in Section 2 No. 17 EAA [1]. It does not define this further. Usually, this is counted by "heads" rather than full-time equivalents (FTE). Part-time employees generally count as full persons. Trainees are often a point of contention. In case of doubt, you should assume counting by heads and seek legal advice if you are close to the 10-person limit.

Disclaimer

This article serves exclusively for informational purposes and does not constitute legal advice. The application of Section 3 (3) 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/ ⤴