The implementation deadline of the European Accessibility Act (Directive (EU) 2019/882) is imminent (28 June 2025) and businesses across various sectors must prepare to comply with a new and comprehensive set of accessibility standards introduced under this legislative framework.

The Act, which has been transposed into Maltese law through the Accessibility Measures (European Accessibility Act) Regulations (S.L. 627.03) (hereinafter “Regulations”), will come into force on 28 June 2025, introducing a harmonised framework aimed at enhancing the accessibility of products and services for persons with disabilities.

This legislative development imposes significant obligations on a wide range of economic operators, particularly those operating in sectors such as retail, banking, telecommunications, technology, media, and transport.

The Regulations, represent a new legal requirement for economic operators whose products and services are in-scope, will also foster inclusivity, improve users experience and expand their reach to a broader segment of the population, including the 135 million persons with disabilities across the EU today. As such these regulations should not be seen as just another compliance hurdle but an opportunity to create a fairer commercial world and open up products and services to previously closed market segments.

The EAA brings into focus a range of products and services identified by the European Union as requiring enhanced accessibility for persons with disabilities. The Act pursues two primary objectives:

• To promote inclusivity, by mandating that products and services be accessible to all members of society, including persons with disabilities; and
• To harmonise accessibility requirements across Member States, thereby reducing fragmentation caused by divergent national rules and facilitating greater cross-border trade within the internal market.

The EAA aligns with the principles of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), adopting a broad and inclusive definition of disability. It defines persons with disabilities as including “those who have long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others.”

The Regulations apply to the following products:

• consumer general purpose computer hardware and system and their operating systems;
• self-service terminals such as payment terminals; automated teller machines; ticketing machines; check-in machines; interactive self-service terminals providing information, excluding terminals installed as integrated parts of vehicles, aircrafts, ships or rolling stock;
• consumer terminal equipment with interactive computing capability, used for electronic communications services or for accessing audio-visual media services (e.g. mobile phones and TVs); &
• e-readers.

The Regulations also apply to the following services:

• electronic communications (excluding transmission services used for machine-to-machine services);
• services with access to audiovisual media services;
• transport service information, including real-time updates for air, rail, bus and waterborne passenger transport, alongside electronic ticketing systems and e-tickets. Also extending to mobile applications and other services accessed via mobile devices and websites (urban, suburban, and regional transport services are excluded, as they are already regulated under Directive (EU) 2016/2102)
• interactive self-service terminals for all passenger transport services;
• consumer banking services; and
• e-commerce services.

The Regulations impose a comprehensive set of accessibility obligations on a range of economic operators, including the manufacturer, the authorised representative, the importer, the distributor or the service provider.

However, in accordance with Article 4(5) of the Regulations, microenterprises are exempt from the requirement to comply with these accessibility obligations. For the purposes of this exemption, a microenterprise is defined as an entity that: employs fewer than ten (10) persons; and has an annual turnover not exceeding EUR 2 million, or an annual balance sheet total not exceeding EUR 2 million. Regulation 4 of the Regulations refers to specific annexes which outline the general accessibility requirements for in-scope products and services. The requirements ensure that accessibility obligations are rooted throughout the product and service lifecycle and include, among others, the following obligations:

• any information on a service or product should be made available through various sensory formats (e.g. visual, auditory, tactile) to accommodate different users’ needs;
• information on service or product should be, user-friendly, clear and presented in an understandable way with consideration to how its presented and compatibility with assistive technology;
• text-based content should be accessed through multiple sensory channels;
• fonts should be legible, sized appropriately, with high contrast and adjustable spacing to support readability;
• there should be alternative formats to non-textual content;
• design electronic information is to be understandable, operable, perceivable, and resilient across the platforms and devices;
• design standards across websites, web applications and mobile services should be consistent and accessible;
• customer support services including help desks, technical support, and training programs should provide information on accessibility and assistive technology.

It is noteworthy that there are some key exceptions under Part V of the Regulations, known as “fundamental alteration” and “disproportionate burden”. The former relates to situations were making a product or service accessible would significantly change its essential nature or purpose and the latter applies when complying with accessibility requirements would impose excessive financial or administrative strain on an economic operator.

The Regulations also introduces conformity assessments whereby products and services must undergo conformity assessments to verify compliance with accessibility requirements. Products must bear the CE marking and be accompanied by an EU declaration of conformity confirming adherence to the Regulations.

Non-compliance with accessibility measures and obligations may result in administrative penalties by the marketing surveillance authority, in this case the Commission for the Rights of Persons with Disability (CRPD) is empowered to investigate breaches, conduct inspections and issue urgent interim measures and the effective remedial measures by the Equal Opportunities (Persons with Disability) Act.

Regulation 27 of the Regulations stipulates that penalties for non-compliance must be proportionate to the nature, gravity, and extent of the infringement. Importantly, any sanction must be accompanied by effective remedial measures to ensure that the breach is addressed, and future compliance is secured.

The effective date for compliance to these new accessibility measures are set on 28 June 2025 however the Regulations also provide for limited transitional arrangements and exceptions such as a five-year transitional period, from the aforementioned commencement date, for products lawfully placed on the market or for lawful service contracts, amongst others.

The EAA and the Regulations may necessitate substantial modification to, for example the design of a product or the delivery of a service, to ensure compliance.

Business should review with their accessibility standards, identify any necessary design or service adaptations, and evaluate whether any exemptions, such as those based on disproportionate burden or fundamental alteration, may be lawfully invoked and appropriately documented.

Beyond compliance, these Regulations also present strategic opportunity, since harmonised accessibility requirements create a level playing field for businesses. It can open the door to new broader markets, particular for small to medium-sized enterprises that can now scale accessible products and services across borders more efficiently.