Accessibility Alert: Non-conformity and derogation disclosure obligations for operators under the European Accessibility Act

It has now been six months since the accessibility requirements introduced by the laws implementing the European Accessibility Act (Directive 2019/882 on the accessibility requirements for products and services or “EAA”) became binding. The EAA has introduced harmonised accessibility requirements for many popular consumer products and services across each of the 27 EU Member States. 

For the first time, regulators in each Member State have supervisory and enforcement powers to enforce accessibility rules, such as inquiries, fines, and other penalties, depending on the jurisdiction. Operators (who are manufacturers, importers and distributors of ‘products’, and providers of in-scope ‘services’ covered by the EAA) also have direct obligations, including certain proactive regulatory reporting obligations.

The time-sensitive nature of these self-reporting obligations means that delayed or incomplete notifications could result in enforcement action by regulators across multiple Member States, making proactive compliance systems essential for international operators under the EAA framework.

What obligations apply to operators of in-scope products and services?

The laws implementing the EAA have established several immediate and ongoing obligations for operators. Operators are responsible for ensuring their in-scope products and services are designed to comply with the EAA’s accessibility requirements and must take immediate corrective measures in relation to non-compliant products and services.

Manufacturers must follow the specified conformity assessment procedure for the in-scope product. Such mandatory procedures include producing technical documentation, applying CE marking, and providing the instructions and necessary information, including that to be affixed on the product. Compliance with many of these EAA obligations must be verified downstream by importers and distributors of the product. 

Service providers must conduct a conformity assessment, documenting conformity with the accessibility requirements, and implement measures and procedures to ensure ongoing compliance during provision of services. Service providers must also publish certain accessibility information publicly which must state how the relevant service meets the relevant accessibility requirements. This typically takes the form of an accessibility statement on the operator’s website.

Since the EAA has been implemented in the laws of the EU27, operators are now also subject to new cooperation and disclosure obligations with regulators (market surveillance authorities for products and ‘compliance authorities’ for services) in the EU markets where they make the product or service available. These obligations include:

• informing national compliance authorities of any non-conformity with applicable accessibility requirements.
• conducting and documenting a derogation assessment incorporating any mandatory criteria if any part of the service will rely on a derogation from conformity with the accessibility requirements (e.g. where conformity would introduce a fundamental alteration to the service or platform or impose a disproportionate burden on the service provider).

Notification to Regulators of Non-Conformity 

Operators who either consider or have reason to believe that a product or service they have placed on the market does not meet the required accessibility standards are obliged to act without delay. In such cases, the operator must immediately notify the competent regulator in each Member State where the product or service is available. This is obviously a sensitive matter, as it is flagging for the regulator that the product or service is not compliant, and it makes it easier for the regulator to take supervisory or enforcement action.

The notification provided to the relevant authorities must include comprehensive details about the non-compliance identified. It is also advisable to outline any corrective measures that have already been implemented to address the problem, and those planned.

The notification requirements trigger additional compliance duties for certain economic operators that extend beyond the initial alert to authorities. Manufacturers and importers must keep a register of products which do not comply with the applicable accessibility requirements and of the related complaints. 

Regulators are entitled to make reasoned requests on the conformity of services to which service providers must supply all information needed to prove their service conforms with accessibility requirements. They are also required to cooperate with the regulator on any action the regulator requests to achieve compliance.

Where a product or service is within scope under more than one category, notification obligations may apply towards more than one regulator. For example, a smartphone may be in-scope as both a ‘consumer general purpose computer hardware system’ and ‘consumer terminal equipment with interactive computing capability, used for electronic communications service’ and therefore subject to supervision by different regulators within certain Member States.

What about services and products provided on a cross-border basis? 

Where an operator provides products or services in more than one Member State, it must notify the competent regulator in each Member State where the product is made available or service is provided. It would not be sufficient only to notify the individual Member State where the operator is established if its products and services are provided in any other EU Member State. The competent regulator in each such Member State must be notified.

Notification to Regulators of an Exemption 

As a rule, the EAA imposes specific accessibility requirements upon all products or services that are subject to it, except where these requirements would: 

• result in a fundamental alteration of the product or service’s basic nature; or

• impose a disproportionate financial burden on the operator. 

Before relying on either of these two exemptions or ‘derogations’, it is mandatory that the operator first carries out a documented assessment as to whether the specific accessibility requirement or requirements would introduce a fundamental alteration or impose a disproportionate burden. 

The assessment regarding disproportionate burden must be done based on the criteria set out in the relevant Member State laws implementing the EAA. The content and other requirements of such assessments may be specified in the national laws of Member States so these should be checked at the outset of any derogation assessment. 

Operators must keep the relevant results of their assessment of a disproportionate burden for a specified period. Service providers must renew their assessment of a disproportionate burden whenever a regulator requests them to do so, when the service is altered and otherwise at least every five years.

Where a derogation is relied upon, the operator must notify the relevant regulators in each Member State where the specific product or service is provided. Again, care must be taken in this regard as the notification may prompt the regulator to consider the matter. 

Practical implications for economic operators with a presence in more than one Member State

For operators supplying or providing in-scope products and services on EU markets, the EAA has introduced new compliance and notification obligations and must update their compliance programmes. 

There is no single notification system under the EAA so operators must ensure compliance with a wide variety of national approaches to EAA implementation, which have been introduced through more than 350 separate measures. There are several differences and deviations across the EU Member States regarding enforcement measures and mechanisms for the EAA’s accessibility requirements and other obligations. We are currently helping a wide range of businesses with meeting these requirements.

For any operator within scope of the EAA, we recommend the following steps to identify and action the above notification obligations if or when they arise:

• Identify markets in which you have an obligation: Find out and catalogue the EU Member States relevant for your business.
• Compliance programme updates: Update internal compliance programmes to:
  • identify conformity issues quickly and, where necessary, to take corrective actions and issue simultaneous notifications to all relevant jurisdictions according to any further local requirements;
  • refresh any derogation assessments within statutory time limits and retain the results for the minimum period required; and
  • take account of product and services changes and plan for new product and services appropriately
• Supply chain impact: Review and update your vendor/service provider contracts to include EAA compliance and notification requirements in order to meet your own regulatory notification obligations.
• Ongoing monitoring: Actively scan for further legal and regulatory updates on compliance with EAA measures in relevant jurisdictions over the coming months and years, particularly as most regulators have not yet published guidance on these areas of compliance. 

Our infographic, further information and resources

For an overview of the EAA and the products and services it covers, recommended next steps and enforcement actions, see our infographic here.

For more information on the EAA, please visit our dedicated site where you can find our articles on the EAA including:

• Time to check-out… the European Accessibility Act and its impact on travel, hospitality and leisure
• European Accessibility Act: Focus on Financial Services
• A guide to navigating the European Accessibility Act for online retailers, service providers and platforms
• European Accessibility Act: is it time to update your websites, products & services to meet Europe’s accessibility requirements?

For more information or help with your EAA compliance programme, including with regulatory disclosure obligations, please contact Deirdre Kilroy and Kelly Mackey. 

Information correct as of 6 January 2026.