The European Union’s digital regulatory landscape continues its rapid transformation. While the Digital Services Act (DSA) and European Media Freedom Act (EMFA) have garnered significant attention, the European Accessibility Act (EAA) has rather quietly but fully come into effect on 28 June 2025. The EAA constitutes an important development for providers of e-commerce services as well as providers of specific products (e.g. consumer general purpose computer systems, payment terminals, ticketing machines, smartphones, e-readers) and services (e.g. e-books, electronic communications services, services providing access to audiovisual media services, consumer banking services), demanding a re-evaluation of digital strategies for comprehensive inclusivity.
The EAA’s harmonized framework for accessibility
Initially in force since 27 June 2019, the EAA aims to harmonize accessibility rules across EU Member States, enhancing the internal market by establishing unified standards. These standards require, in particular, e-commerce providers whose services are used by consumers to ensure that their e-commerce services can be used by all customers – including those with visual, hearing, motor, or cognitive impairments. With this objective in mind, the EAA adopts a horizontal regulatory approach, moving beyond voluntary initiatives to establish binding legal obligations for product design and service delivery.
As being technically a Directive and therefore not directly applicable in Member States, Member States were tasked with transposing the EAA into national law already by 28 June 2022, for instance as with Germany’s Barrierefreiheitsstärkungsgesetz or Spain’s Ley 11/2023 to be applicable as of 28 June 2025.
This transition signals a crucial shift for e-commerce providers. It is to be expected that market surveillance authorities and consumer protection associations will commence systematic scrutiny of e-commerce platforms for compliance. While competent authorities have apparently not yet made use of their enforcement powers, the EAA is being discussed at industry conferences and policymaker forums. However, there are already first cases in EU Member States such as Germany where claimant law firms have sent cease and desist letters to various (smaller) online shop providers.
E-commerce in the spotlight of the EAA’s scope
Among the digital services addressed, e-commerce services are generally in scope of the EEA. The EAA defines such e-commerce services in Article 3(30) EAA as services provided at a distance, through websites and mobile device-based services by electronic means, and crucially, (i) at the individual request of a consumer, and (ii) with a view to concluding a consumer contract.
For a digital service to be subject to the EAA’s accessibility requirements, it must meet all of the cumulative criteria of this definition. A thorough analysis of provided digital services against these criteria is therefore essential, as not all services offered by an e-commerce provider will necessarily fall within the EAA’s scope. For instance, the social media profile of an organisation including a simple link to its web shop, or an app primarily offering product-related information without direct purchase functionalities, arguably fall outside this definition. These services do not directly enable contract conclusion nor are they provided ‘at the individual request’ of a consumer for that specific purpose.
Conversely, websites or mobile apps that integrate core transactional functionalities (e.g. online shops) are typically within the EAA’s scope, as these directly facilitate contract conclusion at a consumer’s individual request. Even ancillary features such as a live chat function directly integrated into an app could potentially bring the entire service into scope if they enable direct purchasing within that environment. Determining which online services are covered thus requires careful case-by-case analysis of each individual service’s purpose and function. In addition, the EAA’s territorial scope is based on a market-related concept, according to which providers not based in the EU are also covered, provided that the relevant products or services are offered in the Union market (see Art. 3(4) EAA). While the specifics of this concept may slightly differ between national implementation laws in the Member States, the core principle of extra-territorial applicability remains the same across the EU.
Core obligations for e-commerce service providers
If a service falls within the EAA’s scope, the consequences for its design are far-reaching. The EAA mandates a proactive approach to accessibility across all in-scope functionalities, ensuring the entire interactive process leading to a consumer contract is designed with inclusivity.
At its core, the EAA requires e-commerce providers to design and deliver services according to detailed accessibility requirements (defined in its Annex I; specifically, all services covered must adhere to the standards outlined in Section III and Section IV of that Annex). These overarching obligations can be summarised in two main pillars:
- First, the digital interface and content must be accessible, following the “perceivable, operable, understandable, and robust” (POUR) principles. This applies comprehensively to e-commerce websites and mobile applications, encompassing all their core transactional functionalities. Such functionalities may include, for example, product selection, shopping cart management, user login and account access, checkout processes, payment services, and even sales chat functions that directly lead to the conclusion of a consumer contract.
- Second, providers have broader service design obligations, including offering clear information about a service’s accessibility features, providing accessible support channels (e.g., call centers, online chat), ensuring interoperability with assistive technologies, and, where applicable, relaying accessibility information about the products sold.
To facilitate compliance, in-scope e-commerce providers may rely on harmonised standards. Specifically, services that are in conformity with harmonised standards, or parts thereof, whose references have been published in the Official Journal of the European Union, are presumed to be in conformity with the EAA’s accessibility requirements, insofar as those standards cover the relevant requirements. A key example for information and communication technology (ICT) products and services, which include software (web pages, mobile applications, desktop applications) and hardware (desktops, notebooks, smartphones, tablets) and the combination of both, is the harmonised standard EN 301 549, referenced by Commission Implementing Decision (EU) 2021/1339. For practical insights, Annex II of the EAA also provides for indicative, non-binding examples of how to implement these requirements.
Further, e-commerce providers must publish an accessibility statement as outlined in Annex V. This document must publicly explain how their services comply with the EAA’s requirements – making the information available in both written and oral formats – and be kept current.
Compliance and surveillance by Member State authorities
Effective EAA implementation hinges on established market surveillance mechanisms. Member States are mandated to establish and periodically update procedures for checking service compliance. These procedures involve following up on complaints or reports – often initiated by consumers or consumer protection organisations – and verifying that economic operators take corrective action (where required). For this oversight, national authorities are designated, with their roles and activities made publicly available. Consequently, this framework underpins the expectation that market surveillance authorities and consumer protection associations will likely commence systematic scrutiny of e-commerce websites and applications for both formal and material compliance with these new accessibility requirements.
What businesses should do
The full implementation of the EAA signifies a new phase of compliance and enforcement. With authorities now expected to begin reviews and claimant law firms already sending out cease and desists letters to online shop providers, businesses in the e-commerce space should follow a proactive stance. Therefore, key actions could include:
- Conduct a scope analysis: Determine which online services fall within the EAA’s definition, focusing on the “individual request of a consumer” and “with a view to concluding a consumer contract” criteria.
- Perform a gap analysis: Evaluate all in-scope digital interfaces, content, and functionalities against the EEA’s accessibility requirements, ensuring adherence to POUR principles described above.
- Review and publish documentation: Draft and publish a comprehensive, publicly accessible Accessibility Statement that describes the functioning of the service, outlines compliance with applicable legal requirements and contains information on user support.
- Integrate accessibility into procedures: Embed EAA requirements into internal policies and development lifecycles for ongoing compliance.
