Frequently Asked Questions about the European Accessibility Act (EAA) for Websites

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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.

The European Accessibility Act (EAA) is here and raises many questions, especially for website operators. What exactly does the law mean for you? Who has to implement what by when?

In this article, I answer the most frequent questions about the EAA, specifically in the context of websites, based on the official legal text [1], which we are asked frequently.

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This article is regularly updated to reflect changes in the law or new findings. So feel free to check back often! Use our free 30-second EAA Check to find out whether your website is affected.

Let's get started with the answers! 👇

What is the goal of the EAA and whom does it roughly affect?

The EAA aims to ensure the accessibility of certain products and services and thereby strengthen the right of people with disabilities to participate (§ 1 para. 1 EAA [1]). Simultaneously, it serves to harmonize rules within the EU internal market (§ 1 para. 1 EAA [1]). It transposes the EU Directive 2019/882 (the European Accessibility Act) [2] into German law.

Affected are manufacturers, distributors, importers and service providers who offer certain products or services mentioned in the law after June 28, 2025 (§ 1 para. 2 and 3 EAA [1]).

Do websites fall under the EAA?

Yes! The EAA explicitly applies to "electronic commerce services" (§ 1 para. 3 No. 5 EAA [1]).

According to § 2 No. 26 EAA [1], these are "telemedia services offered via webpages and via mobile device applications, which are provided electronically and upon an individual request of a consumer with regard to the conclusion of a consumer contract".

This typically affects online shops, booking portals, websites with paid membership areas or contract conclusions—in short: most B2C websites where business is initiated or concluded.

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Even if your website is purely B2B, you must ensure either that consumers are explicitly excluded from concluding electronic commerce services on your website, or you must fulfill the accessibility requirements. Use our free 30-second EAA Check to find out whether your website is affected.

Also explicitly mentioned are websites of passenger transport services (air, bus, rail, ship - excluding local transport) and banking services for consumers (§ 1 para. 3 No. 2 and 3 EAA [1]).

Important: The law applies to services that are provided for consumers after June 28, 2025 (§ 1 para. 3 EAA [1]).

What is a "service" in the sense of the EAA?

Section 2 No. 3 EAA [1] refers here to the EU Services Directive (Art. 4 No. 1 of Directive 2006/123/EC) [3]. Accordingly, a service is:

"any [...] self-employed activity, generally provided for remuneration."

This includes, in particular, commercial, trading, craft, and liberal professions. Most relevant for websites is the area of "electronic commerce services" (see previous question).

Who is considered a "service provider"?

A service provider, according to § 2 No. 4 EAA [1], is:

"any ** natural or legal person** (i.e., also sole proprietors, GmbHs, AGs, etc.) that offers or provides one of the affected services to consumers on the EU market."

Therefore, if you operate a B2C website that falls under § 1 para. 3 EAA [1], you are a service provider.

What does "accessible" mean according to the EAA?

According to § 3 para. 1 EAA [1], products and services are accessible if they:

"can be found, accessed, and used by people with disabilities in the generally usual manner, without particular difficulty, and fundamentally without external assistance."

The specific technical requirements are not directly stipulated in the law but are regulated in a separate legal ordinance (§ 3 para. 1 sentence 3 and para. 2 EAA [1]). This ordinance, in turn, refers to harmonized standards.

Which technical standard is decisive?

The law establishes a presumption of conformity (§ 4 EAA [1]):

If your website meets the requirements of the harmonized European standard EN 301 549 (or relevant parts thereof), then it is presumed that it also meets the requirements of the BFSGV and thus the EAA.

The currently valid version (Status October 2025) is EN 301 549 V3.2.1 [4]. Its requirements for webpages are based on WCAG 2.1 Level A and AA [5].

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A new version of EN 301 549, which is based on WCAG 2.2 [6], is in preparation according to Commission Implementing Decision C(2022) 6456 [7] (see Work Programme M/587 [8]) and is expected to be published at the end of 2025 or beginning of 2026. It is therefore highly advisable to orient yourself directly toward WCAG 2.2 AA to be future-proof!

What are my obligations as an operator of an affected website?

As a service provider, you have two main obligations according to § 14 EAA [1]:

1. Ensure accessibility: Your website must meet the accessibility requirements of the BFSGV (§ 14 para. 1 No. 1 EAA [1]). You must also ensure that this is the case permanently and consider changes (e.g., to the website or the standards) (§ 14 para. 3 EAA [1]).
2. Provide information (accessibility statement): You must create information on how your website meets the requirements and make this information accessible (§ 14 para. 1 No. 2 EAA [1]). This information must contain at least the points from Annex 3 EAA [1] (description of the service, how requirements are met, details of the market monitoring body). This collection of information is your accessibility statement.

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We have created a free template for the accessibility statement that you can use to quickly create your statement.

In the event of non-conformity, you must take corrective measures and, if necessary, inform the market monitoring bodies (§ 14 para. 4 EAA [1]). Furthermore, you are obliged to provide information and cooperate with the market monitoring body (§ 14 para. 5 EAA [1]).

Are there exceptions for small businesses (micro-enterprises)?

Yes, but only partially.

Flowchart: Microenterprises and Website Obligations

Open textual description for "Flowchart: Microenterprises and Website Obligations"

This flowchart explains whether microenterprises are subject to EAA obligations, particularly regarding websites and services.

1. The process begins at "Start" and asks: "Do you offer services covered by § 1 (3) / or do you have a website?" (B)

2. Services (Website) Path:

   • Yes: Proceed to the question: "Are you a microenterprise? (fewer than 10 employees and ≤ 2 million € turnover/balance)" (C)

     • Yes: Result: "Exemption under § 3 (3) EAA applies: No accessibility obligation for this service / your website" (D, green).
     • No: Result: "No exemption for microenterprises: EAA obligations apply" (E, red).

   • No (you only offer products): Proceed to the finding: "Exemption under § 3 (3) does NOT apply, even if you are a microenterprise" (F).

3. The path from F also leads to the result: "No exemption for microenterprises: EAA obligations apply" (E, red).

• Services: Micro-enterprises (fewer than 10 employees AND max. €2 million annual turnover/balance sheet total – see § 2 No. 17 EAA [1]) that offer services are, according to § 3 para. 3 EAA [1], completely exempt from the accessibility requirements. They therefore do not need an accessible website and no accessibility statement.
• Products: This exception DOES NOT apply to micro-enterprises that manufacture, import, or distribute products falling under the EAA!

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In the context of websites, micro-enterprises are thus completely exempt. If you operate a B2C website and are a micro-enterprise, you do not have to fulfill any accessibility requirements and do not have to provide an accessibility statement.

The Federal Center of Expertise for Accessibility offers special consulting for micro-enterprises to facilitate the application of the law (§ 15 EAA [1]).

Are there exceptions if implementation is too costly?

Yes, the law provides for two possible exceptions, which you must justify and document thoroughly:

Flowchart: Assessment of Exceptions Based on Effort

Open textual description for "Flowchart: Assessment of Exceptions Based on Effort"

This flowchart outlines the step-by-step process for determining whether an exception from accessibility requirements under § 16 (fundamental alteration) or § 17 (disproportionate burden) of the EAA may be applied.

1. The process begins at "Check accessibility requirement" (A).

2. First assessment: "Does implementation lead to a fundamental alteration (§ 16)?" (B)

   • Yes: The "Exception under § 16 EAA applies" (C). Followed by "Assess, document (retain for 5 years), inform authority" (D), leading to "Requirements do not apply" (K, green).
   • No: Continue to the next step assessing financial burden.

3. Check for funding: "Received funding for accessibility (§ 17 (4))?" (E)

   • Yes: Result: "Exception under § 17 EAA does NOT apply" (F, red), leading to "Requirements apply" (L, red).
   • No: Continue to the main § 17 assessment.

4. Main assessment under § 17: "Does implementation cause a disproportionate burden (§ 17, Annex 4)?" (H)

   • Yes: The "Exception under § 17 EAA applies" (I). Followed by "Assess, document (retain for 5 years), inform authority, review every 5 years" (J), leading to "Requirements do not apply" (K, green).
   • No: Result: "Implement requirements" (L, red).

Here are the details again:

1. Fundamental alteration (§ 16 EAA [1]): The requirements apply only if their fulfillment does not require a fundamental alteration of the essential characteristics of your service (§ 16 para. 1 EAA [1]). You must assess yourself whether this is the case, document this, and keep it for 5 years (§ 16 para. 2 EAA [1]). You must inform the market monitoring body about this (§ 16 para. 3 EAA [1]).
2. Disproportionate burden (§ 17 EAA [1]): The requirements apply only if their fulfillment does not constitute a disproportionate burden for you (§ 17 para. 1 EAA [1]). What is disproportionate must be assessed in detail based on the criteria in Annex 4 EAA [1] (cost-benefit analysis, financial resources, etc.) and documented (§ 17 para. 1 and 2 EAA [1]). You must repeat this assessment every 5 years or if you change your service (§ 17 para. 3 EAA [1]). Here, too, you must inform the market monitoring body (§ 17 para. 5 EAA [1]) and keep the documentation for 5 years (§ 17 para. 2 EAA [1]).

Important: If you receive public or private funding to improve accessibility, you cannot invoke disproportionate burden (§ 17 para. 4 EAA [1])! These exceptions must be interpreted narrowly and must be provable to the market monitoring body.

Who monitors compliance with the EAA for websites?

The market monitoring bodies of the states are responsible for monitoring (§ 2 No. 22 EAA [1]). For services (including websites), they check whether the accessibility requirements are met (§ 28 para. 1 EAA [1]). They do this both based on specific evidence (e.g., complaints) and spot checks (§ 28 para. 2 EAA [1]). For websites, they orient themselves on the monitoring method described in Annex 1 EAA [1]. They also check whether you have rightly invoked exceptions (§ 16 or § 17 EAA) (§ 28 para. 3 EAA [1]).

The central coordination point is the Market Monitoring Body of the States for the Accessibility of Products and Services (MLBF) in Saxony-Anhalt.

What happens if my website is not accessible?

If the market monitoring body finds that your website does not meet the requirements, it will first ask you to remedy the defects within a reasonable period (§ 29 para. 1 EAA [1]).

Flowchart: Consequences of Non-Compliance

Open textual description for "Flowchart: Consequences of Non-Compliance"

This flowchart describes the escalation process followed by the Market Surveillance Authority (MSA) when a service (such as a website) is found to be non-compliant under the EAA.

1. The process begins when the "Market Surveillance Authority (MSA) reviews the website (§ 28)" (A).

2. First decision: "Does the website meet the requirements?" (B)

   • Yes: The process leads to "Procedure ends" (C).
   • No: Continue to Stage 1.

3. Stage 1: "MSA requests you to achieve compliance (§ 29 (1))" (D).

4. Second decision: "Have you corrected the deficiencies within the deadline?" (E)

   • Yes: The process leads to "Procedure ends" (C).
   • No: Continue to Stage 2.

5. Stage 2: "MSA issues a new request with threat of prohibition (§ 29 (2))" (F).

6. Third decision: "Have you corrected the deficiencies within the new deadline?" (G)

   • Yes: The process leads to "Procedure ends" (C).
   • No: Continue to Stage 3.

7. Stage 3: "MSA prohibits the provision of the service (§ 29 (3))" (H, red).

8. Fourth decision (after prohibition): "Do you later demonstrate compliance?" (I)

   • Yes: "MSA lifts prohibition (§ 29 (3) sentence 3)" (J, green), ending the process (C).
   • No: The prohibition remains in effect (H).

If you fail to do so, the authority can take further measures, up to and including prohibiting the offering of your service (§ 29 para. 2 and 3 EAA [1]). The prohibition is only lifted when you prove conformity (§ 29 para. 3 sentence 3 EAA [1]).

What happens if my accessibility statement is missing or incorrect?

The absence or incomplete/not accessible provision of the information according to Annex 3 EAA (i.e., your accessibility statement) is considered formal non-conformity (§ 30 para. 2 EAA [1]).

Here, too, the market monitoring body first asks you to remedy the defect within a period (§ 30 para. 1 EAA [1]). If you fail to do so, measures up to the prohibition of the offering of your service can also follow until conformity is established (§ 30 para. 3 and 4 EAA [1]).

What rights do users have if my website is not accessible?

Users (consumers) who cannot use or can only use your website in a limited way due to a lack of accessibility have several options:

1. Feedback to you: They should report the barrier to you via your feedback mechanism (see § 14 para. 1 No. 2 in conjunction with Annex 3 No. 1 EAA [1]).
2. Application to the market monitoring body: If they believe that you are violating the EAA, they (or an authorized association) can apply to the market monitoring body to initiate proceedings against you (§ 32 para. 1 EAA [1]). The authority must follow up on this.
3. Conciliation procedure: They can submit an application for the initiation of a conciliation procedure to the conciliation body according to Section 16 of the Disability Equality Act (BGG) [9] (§ 34 para. 1 EAA [1]). Recognized associations can also do this (§ 34 para. 3 EAA [1]). This procedure aims for an out-of-court settlement.

Here is a graphical overview:

Flowchart: User Rights in Case of Accessibility Barriers

Open textual description for "Flowchart: User Rights in Case of Accessibility Barriers"

This flowchart outlines the possible actions users (consumers) can take when they encounter an accessibility barrier on a website.

1. The process begins at "User discovers a barrier on your website" (A).

2. The first action is "Provide feedback to you" (B).

3. Decision: "Was the response satisfactory?" (C)

   • Yes: Leads to "Problem (hopefully) resolved" (D).
   • No / No response: The user has further options (E).

4. The further options are:

   • "Submit a request to the Market Surveillance Authority (MSA) (§ 32)" (F), which leads to "MSA reviews & may initiate proceedings against you" (H, red).
   • "Request mediation (§ 34)" (G), which leads to "Mediation office facilitates communication" (I, green).

Do I have to provide information to the market monitoring body?

Yes. As an economic operator, you are obliged to provide the market monitoring body, upon its justified request, with all information necessary to verify compliance with the EAA (§ 35 sentence 1 EAA [1]).

You only have a right to refuse to provide information if doing so would expose you or close relatives to the danger of criminal prosecution or administrative offense proceedings (§ 35 sentence 2 EAA [1]).

Are there fines for violations?

Yes. The EAA provides for fines for administrative offenses (§ 37 EAA [1]). An administrative offense is committed by anyone who intentionally or negligently, among other things:

• offers or provides a non-conforming service (up to €100,000 fine, § 37 para. 1 No. 8 and para. 2 EAA [1]).
• does not correctly inform the market monitoring body about non-conformities (up to €10,000, § 37 para. 1 No. 2 and para. 2 EAA [1]).
• does not fulfill information obligations (e.g., the accessibility statement according to § 14) (up to €10,000, § 37 para. 1 No. 4, 6, 8 in conjunction with § 14 and para. 2 EAA [1]).
• does not provide requested information or documents (up to €10,000, § 37 para. 1 No. 6 and para. 2 EAA [1]).

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Please note that fines can accumulate if multiple violations exist. If you have violated all listed obligations, the fines can total up to €550,000!

Are there transition periods for existing websites or contracts?

Yes, § 38 EAA [1] contains important transition provisions:

• Existing service contracts: Contracts concluded before June 28, 2025 may continue unchanged until their term expires, but at the latest until June 27, 2030 (§ 38 para. 1 sentence 2 EAA [1]). This means that if you, for example, concluded a subscription contract for an online service before the cut-off date, this service must only become accessible after the term expires (or by 2030 at the latest).
• Use of old products for new services: If you lawfully used certain products (e.g., servers, software) to provide your service before June 28, 2025, you may continue to use them for these (or similar) services until June 27, 2030, even if the products themselves are not EAA-compliant (§ 38 para. 1 sentence 1 EAA [1]). However, this only applies to the products used, not the service itself (e.g., the website interface)!
• Self-service terminals: Terminals already in use before June 28, 2025 may continue to be used until the end of their economic useful life, but for a maximum of 15 years after commissioning (§ 38 para. 2 EAA [1]).

Important: These deadlines do not apply to the general obligation to offer new or modified services (like your website) accessibly from June 28, 2025!

Disclaimer

The information provided in this article does not constitute legal advice nor does it replace it. It serves only for general information about the European Accessibility Act (EAA) and its effects on websites. For individual advice and legal assessment of your specific situation, you should consult a qualified lawyer or another expert. I assume no liability for the accuracy, completeness, or timeliness of the information provided.

This FAQ was inspired and supplemented by the catalog of questions and answers from the Market Surveillance Authority of the States for the Accessibility of Products and Services (MLBF) [10]. For further information and official inquiries, please consult the MLBF or the responsible market surveillance authorities of the states.

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/ ⤴
2. Europäische Kommission, “Richtlinie (EU) 2019/882 des Europäischen Parlaments und des Rates vom 17. April 2019 über die Barrierefreiheitsanforderungen für Produkte und Dienstleistungen.” Apr. 17, 2019. [Online]. Available: https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=CELEX%3A32019L0882 ⤴
3. Das Europäische Parlament und der Rat, “Richtlinie 2006/123/EG des Europäischen Parlaments und des Rates vom 12. Dezember 2006 über Dienstleistungen im Binnenmarkt.” 2006. [Online]. Available: https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=CELEX%3A32006L0123 ⤴
4. ETSI, “ETSI EN 301 549 V3.2.1 (2021-03) - Accessibility requirements for ICT products and services.” 2021. [Online]. Available: https://www.etsi.org/deliver/etsi_en/301500_301599/301549/03.02.01_60/en_301549v030201p.pdf ⤴
5. W3C, “Web Content Accessibility Guidelines (WCAG) 2.1.” 2021. [Online]. Available: https://www.w3.org/TR/WCAG21/ ⤴
6. W3C, “Web Content Accessibility Guidelines (WCAG) 2.2.” 2023. [Online]. Available: https://www.w3.org/TR/WCAG22/ ⤴
7. Europäische Kommission, “C(2022) 6456 - COMMISSION IMPLEMENTING DECISION on a standardisation request to the European standardisation organisations.” 2022. [Online]. Available: https://ec.europa.eu/transparency/documents-register/detail?ref=C(2022)6456 ⤴
8. ETSI, “Work Item M/587 - Accessibility requirements for public procurement of ICT products and services.” 2021. [Online]. Available: https://portal.etsi.org/webapp/workProgram/Report_WorkItem.asp?wki_id=64282 ⤴
9. Bundesministerium der Justiz, “Gesetz zur Gleichstellung von Menschen mit Behinderungen.” 2018. [Online]. Available: https://www.gesetze-im-internet.de/bgg/ ⤴
10. Landesportal Sachsen-Anhalt, “Katalog von Fragen und Antworten zum Barriere­frei­heits­stärkungs­gesetz (BFSG) für Marktüberwachungsbehörden.” 2025. [Online]. Available: https://ms.sachsen-anhalt.de/themen/menschen-mit-behinderungen/aktuelles/marktueberwachungsstelle-der-laender-fuer-die-barrierefreiheit-von-produkten-und-dienstleistungen/katalog-der-fragen-und-antworten-zum-barrierefreiheitsstaerkungsgesetz#c425346 ⤴