Obligations related to WCAG and the European Accessibility Act (EAA) will cover many more companies than is commonly believed. In this article, we explain who exactly is subject to the new regulations and what can happen if websites and applications are not adapted.
Who is covered by EAA and since when?
The European Accessibility Act (EAA) is an EU directive adopted in 2019 that significantly extends the scope of accessibility obligations to the private sector.
In Poland and the entire EU, EAA obligations will enter into force on June 28, 2025.
From this date, not only public institutions, but also many private companies that provide digital services publicly available to consumers will be obliged to ensure digital accessibility.
According to the WebAIM Million report, as many as 96% of websites have accessibility errors already at the basic scanning stage. Source: WebAIM Million 2023.
What private companies fall under the EAA?
According to the EAA, the obligations mainly apply to companies and industries that offer widely available digital products and services to individual customers (B2C). This applies in particular to:
- online stores and e-commerce platforms,
- banks and financial institutions (including fintechs, online payment systems),
- insurance companies,
- carriers and transport services (tickets, reservations, travel planning),
- online ticket sales operators (cinemas, theaters, events),
- mobile applications providing mass services,
- self-service terminals (ATMs, ticket machines, info kiosks, payment machines).
In 2025, virtually every company operating in the B2C network should assume that they will be subject to the EAA.
There will be few exceptions, and the consequences of non-implementation can be serious.
Piotr Rompca
owner of evostudio.pl
What are the penalties for lack of digital accessibility after 2025?
Lack of compliance with EAA and WCAG 2.2 requirements will result in:
administrative penalties imposed by supervisory authorities,
complaints and lawsuits from clients with disabilities,
civil liability for violating consumer rights,
risk of inspection by institutions such as: the Office of Competition and Consumer Protection, the Ombudsman, consumer protection authorities,
a serious image and media crisis if the problems are publicized.
The amount of penalties will depend on the scale of the violation, the size of the company and the number of people affected.
What are the exceptions for WCAG?
Not all companies have to fully meet WCAG requirements. The regulations provide for limited exceptions which include:
The WCAG standard is constantly developed and updated. The current version is WCAG 2.2, which extends the previous versions 2.0 and 2.1.
Micro-enterprises
companies employing less than 10 employees and achieving an annual turnover of less than EUR 2 million,
Functionality (Operable)
situations in which adapting the website would be technically impossible or would involve disproportionately high costs (however, requires documented justification).
Note: even for micro-enterprises, general consumer law, data protection and non-discrimination rules still apply.
Do micro-enterprises have to meet WCAG and EAA requirements?
Formally – if it meets the criteria of a micro-enterprise (fewer than 10 people and less than EUR 2 million in turnover per year) – the company may be exempt from the obligation to fully comply with the EAA.
However, it is worth remembering:
- the exclusion applies only to EAA - it does not release you from other obligations (e.g. GDPR, Civil Code, consumer law),
- customers can still complain about lack of availability,
- it is worth implementing WCAG principles as an element of good UX practices and building a competitive advantage.
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After June 28, 2025, digital accessibility obligations will cover a much wider range of companies than before.
Implementing WCAG 2.2 and meeting EAA requirements will become a legal obligation for most companies operating online.
Summary
It is not worth postponing adaptation until the last minute – the process of implementing digital accessibility requires time, knowledge and experience.
Evostudio comprehensively supports companies in the analysis, implementation and audits of digital accessibility compliant with WCAG 2.2 and EAA.
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