Accessibility of digital services
Since 28 June 2025, certain digital services must comply with accessibility rules. The aim of the European Accessibility Act (EAA),[1] is to remove barriers for persons with disabilities, i.e. persons with long-term physical, mental, intellectual or sensory impairments. By making products and services more accessible, persons with disabilities can live more independently. [2]
In this blog, we discuss the accessibility rules for certain digital services. We explain:
- which digital services must comply with the accessibility rules;
- which rules these services must comply with;
- the obligations to document and inform consumers and the supervisory authority;
- when the accessibility rules must be complied with; and
- the possible consequences of non-compliance with the accessibility rules.
The accessibility rules also apply to certain products. We will not discuss these in this blog.
1. Which services must comply with the accessibility rules?
The accessibility rules apply to, among other things:[3]
- electronic communication services, in particular interpersonal communication services such as chat services;
- audiovisual media services, namely linear television and video-on-demand platforms; and
- e-commerce services, which enable consumers to purchase products or services remotely. These are mainly webshops.[4]
Not all digital services fall under the EAA. If, for example, the service consists solely of an information website without any e-commerce elements, it does not, in principle, fall under the EAA.
In some cases, a service provider does not have to comply with the accessibility rules, even though the service falls under one of the categories mentioned above. These exceptions are:
- Microenterprises: enterprises which employs fewer than 10 persons and has an annual turnover or annual balance sheet total not exceeding 2 million euros are not required to comply with the accessibility rules in their entirety.[5]
- Fundamental alteration: if compliance would result in a fundamental alteration of the basic nature of the product or service, compliance is not required.[6]
- Disproportionate burden: if compliance with the obligations would impose a disproportionate burden on the service provider, compliance is not required. The following must be taken into account:
- the ratio of the net costs of compliance with the accessibility rules to the overall costs of providing the service;
- the estimated costs and benefits for the service provider in relation to the estimated benefits for persons with disabilities, taking into account the number of times the service is used; and
- the ratio of compliance costs to the service provider’s net turnover.[7]
Please note: these last two exceptions only apply insofar as it would constitute a fundamental alteration and insofar as it would impose a disproportionate burden. If partial compliance is possible, the service must be made accessible as much as possible.
Finally, there is certain content to which the EAA does not apply, in particular older content.[8] This mainly concerns:
- pre-recorded time-based media such as videos, published before 28 June 2025;
- content from third parties that is not financed or developed by, or under control of the service provider concerned; and
- websites and apps qualifying as archives, i.e. if they only contain content that is not updated or modified after 28 June 2025.
2. What accessibility rules must the service comply with?
Services covered by the EAA must be made more accessible. The accessibility rules for services are set out in Sections III and IV of Annex I to the EAA, with examples in Sections III and IV of Annex II. If these provisions are not suitable for the service in question, Section VII of Annex I contains functional performance criteria that may be applied.
The European Commission may adopt harmonised standards. If a service provider complies with these standards, the service is deemed to be in line with the accessibility rules.[9] Although it is not (yet) an approved harmonised standard, the authoritative World Wide Web Consortium (W3C) has developed a guideline that can be used to meet the requirements. This guideline contains various steps to make digital services accessible.
Like the W3C guidelines, the accessibility rules are based on four principles. We describe these principles below, with examples of concrete applications:
- Perceivability: the interface must be perceivable:
- provide a text version of all non-textual content. Texts can be enlarged or converted into other forms such as braille, speech or symbols. Therefore, do not use images of text, as these cannot be easily adapted;
- make content distinguishable. For example, provide a high-contrast version of the website. Also ensure that colour perception is not required: a distinction between two buttons should not be based solely on colour, but also on text or an icon in or next to that button;
- Operability: the interface must be operable:
- make all functionality fully operable with a keyboard; but also make an alternative available;
- do not use time limits, so that users have enough time to view content. If a time limit is necessary, ensure that it can be disabled, adjusted or extended;
- Make the service navigable. Use page titles that describe the subject or purpose of the page. Ensure that the purpose of a link can be deduced from the link text or context. Make it clear where the user is within a collection of pages;
- Understandability: information and the interface must be comprehensible:
- use language that software can understand as much as possible, so that text can be converted. Make language understandable for people with different levels of reading ability;
- make the appearance and operation of the website predictable. Be consistent in the way the user navigates through the website;
- if the user makes an input error, for example by not filling in a required field in a form, clearly mark the part where the error is, also with text;
- Robustness: the content must be robust so that it can be interpreted reliably by different users:
- maximise compatibility with assistive technologies, including by making website components, such as form elements and links, recognisable by software. This allows the software to fill in forms, for example.
Making a service accessible is not a one-off activity. Service providers must have procedures in place to ensure that the service remains accessible.[10] This can be done, for example, by drawing up a step-by-step plan to be followed whenever the service is modified.
3. What needs to be documented and who needs to be informed?
If the service complies with the accessibility rules
Service providers must draw up a document explaining how the service complies with the accessibility rules. This information must be published in an accessible manner, for example on the service’s website.[11] Annex V of the EAA contains a template for this document.
If the supervisory authority, which in the Netherlands is the Authority for Consumers and Markets (ACM) for most services,[12] requests this information, it must be provided to the ACM.[13] The ACM has sent letters to market participants requesting them to report by 15 October 2025 that they comply with the rules.
If the service does not comply with the accessibility rules
Service providers must bring the service into compliance with the rules as soon as possible. If this is not possible, they must inform the supervisory authority.[14] This notification can be made using a form on the ACM website (only in Dutch).
The ACM expects the notification to include an assessment of the severity of the impact on consumers: from minor – the problem is easy to circumvent – to critical – the service is unusable for persons with disabilities.
If the exceptions ‘fundamental alteration’ or ‘disproportionate burden’ are invoked
If the service provider invokes one of these exceptions, this must be assessed and documented.[15] The assessment of the disproportionate burden must be carried out on the basis of the criteria set out in Annex VI of the EAA.
This documentation must be provided to the supervisory authority upon request. The ACM has indicated on its website that any invocation of the exception must always be reported, which can be done using the same form.
4. When must the service comply with the accessibility rules?
The accessibility rules have been in force since 28 June 2025. Service providers must therefore already comply. The ACM expects service providers to report any services that do not comply or any invocation of an exception by 15 October 2025 at the latest.
There is a transition period for service contracts. Contracts concluded before 28 June 2025 may continue until they expire or until 28 June 2030 at the latest.[16]
5. What if one of the accessibility rules is not complied with?
The ACM has the authority to:
- check compliance (supervision);
- follow up complaints or reports; and
- verify whether a service provider has taken corrective measures.[17]
The ACM also has its regular powers to take enforcement action, including imposing sanctions.[18] These include both an order subject to a penalty payment and an administrative fine.[19] A fine can amount to a maximum of €900,000, or if that is more, 1% of the company’s turnover. [20]
Finally, individuals can go to court to ensure that a service provider complies with the provisions. Individuals can also approve that a government body or private entity exercises this right on their behalf.[21]
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[1] Directive (EU) 2019/882 of 17 April 2019, the EAA has been implemented in the Netherlands in, among other places, the Dutch Civil Code (DCC) and the Telecommunications Act.
[2] Recital 2-3 EAA.
[3] Article 2(2) EAA.
[4] The rules for e-commerce services have been implemented in Section 2ab of the title of the Dutch Civil Code. These are Articles 230fa-230fd. The rules for electronic communication services have been implemented in Chapter 7a of the Telecommunications Act.
[5] Article 4(5) EAA.
[6] Article 14 EAA.
[7] Article 14 EAA.
[8] Article 2(4) EAA.
[9] Article 15 EAA.
[10] Article 13(3) EAA.
[11] Article 13(2) EAA.
[12] Article 2.2 Consumer Protection Enforcement Act and Article 7a.3 Telecommunications Act. Other supervisory authorities have been designated for certain other actors. For example, the Netherlands Authority for the Financial Markets is the supervisory authority for financial services. The Media Authority has been designated as the supervisory authority for audiovisual media services.
[13] Article 13(5) EAA.
[14] Article 13(4) EAA.
[15] Article 14(3) EAA.
[16] Article 32 EAA.
[17] Article 23 EAA.
[18] Article 30 EAA.
[19] Article 2.9 Consumer Protection Enforcement Act and Article 15(4) Telecommunications Act.
[20] Article 2.15 Consumer Protection Enforcement Act and Article 15(4) Telecommunications Act.
[21] Article 29 EAA.