The European Accessibility Act: Technical-Legal Analysis

Accessibility is a fundamental principle for ensuring that people with disabilities can fully participate in social and economic life. The European Accessibility Act (EAA), or European Accessibility Directive, is a significant step towards harmonising accessibility rules throughout the European Union. This legislation aims to improve the accessibility of products and services, creating a more inclusive market and reducing barriers for people with disabilities.

The European Accessibility Act

The European Accessibility Act, adopted on 17 April 2019, establishes common accessibility requirements for certain products and services, facilitating their availability in all EU Member States. It applies to a wide range of products and services, including:

•  Self-service terminals: ATMs, ticket machines, check-in terminals, payment terminals.
• Hardware and software products: Computers, smartphones, e-readers, applications and operating systems.
• Transport services: Urban, suburban, rail, air, sea and river public transport.
• Banking services: Payment services, ATMs, online banking.
• Telecommunication services: Telephone lines, mobile phone services, internet access services.
• E-commerce: Online sales websites, e-commerce platforms.
  The main objective of the EAA, as already mentioned, is to improve accessibility, remove existing barriers and prevent the creation of new ones. This regulation will have a significant impact on the daily lives of people with disabilities, promoting greater independence and social inclusion.

Obligations under the legislation

The main obligations under the directive include:
1. Requirements for Products

Products covered by the EAA must comply with the following accessibility requirements:

• User Interfaces: They must be easily perceivable, understandable, usable and robust. For example, displays must be readable even by people with visual impairments and alternative input options such as voice control must be available.
• Compatibility with assistive tools: Products must be compatible with assistive technologies used by people with disabilities, such as screen readers and voice amplifiers.
• Ease of use: Products must be designed so that they can be used by people with different physical and cognitive abilities without requiring disproportionate effort.

2. Requirements for Services

Services must be made accessible in the following ways:

• Accessibility of information: Information provided through the services, including websites and mobile applications, must be available in accessible formats, such as Braille, audio, text readable by assistive technologies.
• Support and assistance: Service providers should ensure that customer support and assistance is accessible. For example, alternative communication channels must be available for people with hearing or speech disabilities.
• Accessibility of infrastructure: Physical infrastructure used to provide services, such as transport stations and bank counters, must be accessible and barrier-free.

Timing and Deadlines

EU Member States have until 28 June 2025 to transpose the Directive into their national laws and ensure the conformity of products and services. This involves the adoption of laws, regulations and administrative measures necessary to comply with the obligations of the directive.
Implications for Companies and Public Bodies

Companies must take measures to ensure that their products and services meet accessibility requirements. This may involve:

• Revision and adaptation of design processes: Companies must integrate accessibility requirements at an early stage of product and service development.

• Staff training: Companies should train their staff on accessibility requirements and assistive technologies.
• Monitoring and evaluation: Companies should implement monitoring and evaluation systems to ensure continuous compliance with accessibility requirements.

Public bodies are also required to comply, ensuring that their services are accessible to all citizens. This includes the provision of accessible digital public services and the elimination of architectural barriers in public infrastructures.
Member States are also required to establish mechanisms for monitoring and verifying compliance, to ensure that accessibility rules are effectively implemented and enforced.

Penalties for Non-Compliance

The Directive requires Member States to establish effective, proportionate and dissuasive penalties to ensure compliance with the accessibility rules. Sanctions may vary from country to country, but generally include:

• Fines: Companies and public bodies that fail to comply with accessibility requirements may be subject to fines. Fines are designed to be high enough to incentivise compliance.
• Compliance obligations: Competent authorities may order companies to take corrective measures to comply with accessibility requirements. This may include modifying products, services or infrastructure to make them accessible.
• Legal disputes: In some cases, people with disabilities or organisations representing them can take legal action against companies or public bodies that do not comply with accessibility requirements.

Transposition of the European Directive in Italy

In Italy, the transposition of the European Accessibility Act is underway and includes a series of measures to ensure compliance with the requirements of the directive. The main actions taken include:

• National legislation: The Italian government is working on the adoption of laws and regulations transposing the requirements of the EAA. This includes amending existing legislation and introducing new laws to cover the specific areas of the directive.
• Technical Guidelines: Detailed technical guidelines are being developed to assist companies and public bodies in complying with accessibility requirements. These guidelines cover aspects such as the design of products and services, staff training and the implementation of assistive technologies.
• Monitoring and enforcement: Monitoring mechanisms will be established to verify the compliance of companies and public bodies. Competent authorities will be empowered to carry out inspections, assessments and, if necessary, impose sanctions for non-compliance.
• Business support: The Italian government should also provide support measures for businesses, particularly small and medium-sized enterprises (SMEs), to help them comply with the requirements of the EAA. This may include financing, technical advice and specific training programmes.

These measures are essential to ensure that Italy meets the deadlines set by the directive and that people with disabilities can benefit from a more accessible and inclusive environment.