Does the European Accessibility Act apply to my small business?
The European Accessibility Act has generated a lot of alarming marketing. Here's who it genuinely applies to, the microenterprise exemption most articles skip, and what to do either way.
Quick answer
The EAA (Directive (EU) 2019/882) has applied since 28 June 2025 and covers e-commerce, banking, e-books, transport, telephony and audiovisual services offered to EU consumers — including from outside the EU. But Article 4(5) exempts microenterprises that provide services: fewer than 10 staff and turnover or balance sheet under €2 million. Crucially, that exemption covers services only — if you manufacture or sell covered products, it doesn't apply. Most small service businesses are exempt; most should improve accessibility anyway.
Are you covered?
| Your situation | EAA position |
|---|---|
| Sole trader, service business, no e-commerce | Not covered |
| Under 10 staff + under €2m, services only | Exempt (Art. 4(5)) |
| Under 10 staff but selling covered products | Exemption does not apply |
| 10+ staff or over €2m, selling online to EU | Covered |
| Non-EU business selling online to EU consumers | Covered if over the threshold |
| Brochure site, no transactions | Generally outside scope |
Step-by-step
- 1
Check whether you're a microenterprise first
This is the step that resolves most cases and the one accessibility vendors rarely lead with. A microenterprise under EU law employs fewer than 10 people and has an annual turnover or balance sheet total not exceeding €2 million. Article 4(5) of the directive exempts microenterprises providing services from the accessibility requirements and from the associated compliance obligations. If you're a sole trader or a five-person service business, this is almost certainly you.
- 2
Understand what the exemption does not cover
The exemption is for services, not products. If you manufacture, import or distribute products covered by the EAA — computing hardware, e-readers, self-service terminals, certain consumer equipment — size doesn't exempt you. This distinction catches out small businesses that assume headcount settles it. If you only sell your own labour or a service, you're on the services side.
- 3
Check whether your service is even in scope
The EAA covers a defined list, not the whole internet: e-commerce, consumer banking, e-books and dedicated software, electronic communications, access to audiovisual media services, and elements of air, bus, rail and waterborne passenger transport. A brochure website for a plumber, a salon or a coaching practice — with no online transactions — falls outside that list. The 'every website in Europe must now comply' framing is simply inaccurate.
- 4
Note that geography doesn't get you out of it
If you are over the thresholds and you offer covered services to consumers in the EU, the EAA applies regardless of where your business is established. A UK or US e-commerce business selling to EU consumers is in scope on the same terms as an EU one. Non-EU location is not an exemption; microenterprise status is.
- 5
If you are covered, work to EN 301 549 and WCAG 2.1 AA
The harmonised European standard is EN 301 549, which for web content aligns with WCAG 2.1 Level AA. That means the practical work is the familiar list: sufficient colour contrast, text alternatives for images, full keyboard operability, labelled form fields, a sensible heading structure, visible focus states, and no reliance on colour alone to convey meaning. Enforcement sits with national market surveillance authorities under each member state's implementing law.
- 6
Do the basics even if you're exempt
Exempt is not the same as irrelevant. Around a quarter of adults have some form of disability, accessible sites are easier for everyone on a phone in bright sunlight, and most of WCAG's fundamentals — contrast, alt text, keyboard access, labelled forms — cost nothing to get right at build time and are expensive to retrofit. If you grow past ten staff, you'll be glad you didn't accumulate the debt.
- 7
Be sceptical of accessibility overlay sales pitches
The EAA generated a wave of urgent marketing for overlay widgets that promise instant compliance. Accessibility professionals broadly regard overlays as ineffective for genuine conformance, and they have themselves attracted litigation in the US. If you are in scope, the answer is fixing the underlying markup, not a script that sits on top of it.
Tips & best practices
- ▸Microenterprise = fewer than 10 staff AND turnover or balance sheet total not over €2 million.
- ▸The microenterprise exemption applies to services only — never to covered products.
- ▸A brochure site with no online transactions is generally outside the covered service list entirely.
- ▸Being based outside the EU is not an exemption if you're over the thresholds and selling into it.
- ▸Verified against the directive and Commission guidance as at July 2026. National implementing laws vary — check yours if you're close to the thresholds.
Common questions
Does the European Accessibility Act apply to my website?
+−
Only if you provide a covered service — e-commerce, consumer banking, e-books, electronic communications, audiovisual media access or certain passenger transport — and you are not an exempt microenterprise. A standard brochure website for a local service business, with no online transactions, is generally outside the scope of the covered service list.
Are small businesses exempt from the EAA?
+−
Microenterprises providing services are, under Article 4(5): fewer than 10 employees and annual turnover or balance sheet total not exceeding €2 million. Both parts of the size test matter. The exemption covers services only — a microenterprise that manufactures or sells covered products still has to comply on those products.
When did the European Accessibility Act come into force?
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The requirements have applied since 28 June 2025. Member states were required to transpose the directive into national law by June 2022, so enforcement is via each country's implementing legislation and its market surveillance authority.
What standard do I need to meet for the EAA?
+−
The harmonised European standard is EN 301 549, which for web content aligns with WCAG 2.1 Level AA. In practice that means adequate colour contrast, alt text, full keyboard operability, labelled form fields, logical headings, visible focus indicators and not using colour alone to convey information.
What happens if I don't comply with the EAA?
+−
Enforcement is national rather than EU-level. Each member state designates a market surveillance authority and sets its own penalties in its implementing law, which typically include orders to bring a service into conformity and financial penalties. If you're in scope and near the thresholds, check the specific rules in the member states you sell into.