With some regularity, the EU introduces new directives that affect the way companies do business (online). Well-known examples are the e-privacy directive (Cookie Act) and the General Data Protection Regulation (AVG/GDPR).
The next directive to come into force is the *European Accessibility Act* (EAA). It aims to improve the accessibility of products and services for people with disabilities. The EAA requires companies and institutions to make products and services more accessible, and sets minimum standards for accessibility.
It is an extension of the European Digital Accessibility Directive that governments have been dealing with since 2016.
The EAA was adopted by the European Parliament in June 2019 and will come into force in the European Union and countries such as Norway, Iceland and Liechtenstein on 28 June 2025. It was also enshrined in Dutch legislation in April this year.
The EAA applies to a wide selection of products and services, such as websites and online shops, ATMs and ticket machines, ware, e-books and e-readers and online services, such as online banking.
Furthermore, this law only covers products and services aimed at consumers (B2C) and there is an exception for small businesses. The law applies to all new products launched on the market after 28 June and to all electronic services, including ‘e-commerce services’ or, web shops.
In short, this means that all webshops will have to comply with it by the above date.
Fortunately, the drafters the European directive did not try to reinvent the wheel but used existing international standards for accessibility of electronic products and services.
The European standard for accessibility requirements is set out in EN 301 549, which in turn is based on the Web Content Accessibility Guidelines (WCAG) 2.1 standard. Since European governments have had to comply with these guidelines for almost a decade and US companies and governments for more than 25 years, there is a lot of knowledge and information available.
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THE WCAG ARE BUILT AROUND FOUR PRINCIPLES:
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EAA will mainly affect the functional and visual design of a website or app and its technical realisation. When developing a new website or app, it is therefore important to include it during the process. At Kega, we now include the guidelines in discussions about new websites, e-commerce platforms and apps.
For existing websites and apps, it is important to see to what extent they are already compliant. Suppliers can help with this but ultimately companies themselves are responsible for reviewing their websites and apps.
At the time of publication of this article, it is still 9 months until new rules take effect. It is therefore important to make a good plan of action now so you know where you stand.
At Kega, we offer our clients a comprehensive scan that provides insight into the technical and design implications. We estimate the work required and, together with the client, we then create a schedule to implement changes.
European regulators, in the Netherlands the ACM, use W3.org's WCAG-EM method. If you want to make sure that your company's app or website passes this assessment, you can contact several Dutch audit agencies, such as Drempelvrij.nl and Digitaaltoegankelijk.nl. They offer support in the assessment or carry it out completely for you.
For general questions on Dutch ICT and accessibility law, you can also contact ICTrecht. They specialise in issues concerning electronic services combined with Dutch law.