EU Accessibility Act now in force – Is your business at risk?
Published on 3rd July 2025
As of Saturday, 28 June 2025, the Dutch Implementing Act transposing the EU Accessibility Act (EAA) is officially in effect. It aims to foster a more inclusive society by ensuring that essential products and services are accessible to persons with disabilities.
Accessibility by design
The EAA sets mandatory accessibility requirements for a broad range of products and services marketed in the EU. Its scope is extensive, covering everyday products and services, like ATMs, online shops, electronic communications services, e-books, and travel apps. The requirements apply to both physical and digital environments, and are grounded in the principle of "universal design" or "design for all" to ensure usability by the widest range of users.
Are Dutch regulators gearing up for action?
In the Netherlands, enforcement is shared across multiple regulators. The Dutch Consumer and Market Authority (ACM) and Financial Markets Authority (AFM) seem to be the first regulators particularly active in enforcing the requirements. Both have recently published guidance and warned providers of e-commerce services, electronic communications services, banking services, and financial e-commerce services to ensure compliance.
The ACM has announced that it will initially focus on critical accessibility issues that significantly impair usability for persons with disabilities. It seems to imply that it will prioritize services essential to daily life and societal participation. Notably, the ACM has stated it will adopt a proportional and dialogue-based approach, taking into consideration the efforts and attitude of organisation towards compliance. We expect that other regulators will adopt a similar approach.
That being said, regulators are competent to impose substantial fines for serious or persistent non-compliance, which can go up to 10% of annual turnover.
Missed the deadline? Don’t panic!
Starting with the bad news: if you provide e-commerce or electronic communication services, no transitional period applies. You must comply with the accessibility requirements immediately. In some cases, you may also be required to report non-compliance to the ACM.
For other products introduced to the market or existing service contracts established before 28 June 2025, there is a transitional period allowing up to 5 years to achieve full compliance. New products and services placed on the market must comply with the requirements immediately.
Act Now – Compliance takes time
Although some organisations may be able to benefit from the transitional period, most cannot afford to sit still. Regulators may be reasonable with organisations that demonstrate genuine compliance efforts, but they will not be lenient with those who have done nothing.
Achieving compliance with the accessibility requirements can be complex. It demands a thorough understanding of the products and services you offer, as well as the ability to apply appropriate technical and design solutions. Equally important is the need to document your compliance efforts and decision-making process, to be used as evidence in case of regulatory scrutiny.
In this article you can find some practical tips on where to start. For tailored legal advice, our team of experts is ready to help you in determining whether the EAA applies to you organisation, understanding the specific accessibility requirements under Dutch and EU law, and developing a roadmap to compliance.
