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Does the European Accessibility Act apply to your business?

The European Accessibility Act does not affect every business in the same way. This article explains what determines whether, and to what extent, the rules apply to you.

Whether the European Accessibility Act applies to your business depends on three things: what you sell or offer, how large your enterprise is, and in which country you are active. The act does not target businesses in general, but rather a defined list of products and services that must become more accessible to people with disabilities, such as certain electronic devices, websites, web shops and online banking services. If what you offer is not on that list, the act presumably does not affect you. If it is, the next question is whether your enterprise falls within the exceptions for small businesses.

Those exceptions do exist, but they are formulated specifically and do not automatically apply to every small business. To be certain whether they apply to your situation, the official text of the act and the explanation from the designated supervisory authority are the right place to look. This article explains what determines the scope, not whether the act applies in your specific case.

What you sell or offer

The act names concrete categories: including computers, smartphones, e-readers, payment terminals, and services such as web shops, remote banking and certain passenger transport. A web shop selling own-brand products can thus deal with these rules both via the website and via the products themselves, and that is a different assessment than for an installation company that works mainly on-site. It is the nature of the product or service that determines whether you are in scope, not the sector in which you are active.

Business size and exceptions

For certain services, there is an exception for micro-enterprises, typically defined on the basis of number of employees and turnover. These definitions are in the legislative text itself and sometimes differ depending on the situation. Do not assume that 'small business' automatically means 'exempt' before you have checked this with the competent authority or a lawyer.

Where you are active

The Accessibility Act is a European directive, which means that member states have each transposed it into national legislation in their own way. If you sell to customers in multiple countries, the precise implementation may differ per country. This is one of the reasons why businesses that supply internationally often face multiple, separate obligations at the same time than businesses that are only active in the Netherlands.

Why this rarely stands alone

A web shop that comes under the Accessibility Act often also falls under rules on product safety, packaging or the processing of personal data. These are four separate regulations, each with their own supervisory authority, their own portal and their own forms, but they often concern the same enterprise and the same products. Anyone working through this for the first time will quickly discover that the question 'does this apply to me' repeats itself in practice several times a year, each time for a different subject. an overview of the platforms that cover these topics shows which regulations there are and which platform covers which topic.

How you verify this for your own business

The only way to be certain whether the Accessibility Act, or any of the other European regulations, applies to your business is to consult the official text or put this to the supervisory authority or a lawyer. Generic information, including this article, cannot replace that step: the outcome depends on details in your product range, your turnover and the countries where you supply that cannot be captured in a general piece.

What helps is having one place where your business data is stored, so you don't have to collect it all over again each time you look into a new question like this one. Reglia is not a source of legal advice and does not itself determine whether a regulation applies to your business; that remains the responsibility of the platforms, the supervisors, and where necessary your legal advisor. What reglia does do is keep the business and product dossier central and maintain an overview of what is outstanding per platform. what reglia exactly does and does not do with your data explains that difference.

One overview instead of four separate searches

If it turns out that the accessibility law, or another regulation, does apply to your business, the next step follows: keeping track of what needs to happen and by when. That belongs with the platform that handles that subject, not with reglia itself. Reglia does ensure that you don't have to start over at each platform with your business name, Chamber of Commerce number, and product data. On the frequently asked questions page you can find more about how that works in practice.

Are you curious whether this might be relevant for your business? Then check which platforms are available and what subjects they cover. This way you can see in a few minutes where your situation might be affected, and where you can go with your substantive question.

This article is general information and not legal advice.