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How the European Accessibility Act impacts mobile apps

Jon Gibbins

SWmobile, 19 Nov 2024

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Why now?

No legal precedence in UK
EAA has more teeth
Impacts the UK

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“Eee en three oh what now?”

WCAG

WCAG2ICT

EN 301 549

PSBAR

WAD

EAA

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Standards versus law

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Standards and guidelines

WCAG

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Standards and guidelines

WCAG

WCAG2ICT

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Standards and guidelines

EN 301 549

EN 301 549 is the European standard for digital accessibility
Like WCAG, it’s not a law, but it is referenced by laws
EN 301 549 is clear about being applicable to mobile apps (Section 11, Software)
Forms the basis of European public sector regulation around web accessibility
Also adopted outside of Europe; public sector in Canada and Australia
Covers

Websites
Electronic documents (like PDFs)
Non-web software such as native mobile apps
Electronic kiosks and payment terminals
Mobile: features like biometrics for ID, accelerometers, location, etc.

Based on WCAG

Translated using WCAG2ICT guidance
3 levels of conformance, and Level AA is the mandatory level
Essentially WCAG version 2.1 with additional criteria for both web content and mobile applications (see Table A.1 and Table A.2 of the standard)
WCAG 2.2 criteria in the next version (likely 2026)

https://www.etsi.org/deliver/etsi_en/301500_301599/301549/03.02.01_60/en_301549v030201p.pdf

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Standards and guidelines

for mobile?

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“In the spirit of…”

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Standards to law

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Law

European public sector

Web Accessibility Directive

= WAD

= Directive (EU) 2016/2102

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Law

UK public sector

Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018

= PSBAR

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Law

European private sector

European Accessibility Act

= EAA

= Directive (EU) 2019/882

It’s EU law, not a standard
It is aimed at the private sector (more on scope later)
It’s also known as Directive (EU) 2019/882

To reiterate: details vary between countries
Each member state is responsible for its monitoring processes

EAA is deliberately not explicit in saying what standards are required

Rather, there are supporting standards to help with implementation to meet the law
EN 301 549 is the applicable standard for European industry for ICT (websites, mobile apps, kiosks and more)

Timeline

Law passed April 2019
27 EU member states must implement their laws by 28 June 2025
Anything purchased or procured after 28 June 2025 must be accessible
A "transitional period" of 5 years allows organisations to adjust to the new laws (more later)

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32019L0882

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Who does the EAA apply to?

Commercial products and services
Does not directly apply to the UK
Applies to those trading in the EU
Exempt: “microenterprises providing services”

Aimed at commercial products and services
It applies to organisations trading in the EU
The UK does not have to align its law to the EAA
Accessibility is covered under the Equality Act 2010 (does not reference specific digital accessibility standards to meet, but WCAG is widely regarded to be the de facto standard)
Anti-discrimination law typically specifies “reasonable adjustments” are made (subjective)
Again: can’t be sure that the UK won’t adopt legislation similar to the EAA in the future
Exclusions – doesn’t apply to for “microenterprises providing services” (less than 10 employees / revenue less than €2 million)
In Europe, micro enterprises represent around 93.6% of businesses (source: Eurostat Structural Business Statistics, 2023)
In England, microbusinesses represent a third of employment (source: LGA, 2021)
Microbusiness may like to ensure services can compete in the European market
Easier to design and build with accessibility in mind than to try to retrofit later, perhaps when microbusiness has grown

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What does the EAA apply to?

Digital products and services (including websites or mobile apps)
Physical devices

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Products and services covered

Computer hardware systems and operating systems (personal computers, smartphones, tablets)
ATMs, ticketing and check-in machines
Electronic communications services
Services providing access to audio-visual media (television and related consumer equipment)
Air, bus, rail and waterborne passenger transport
Consumer banking services
E-books
E-commerce services

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Impact

Damage to reputation
Loss of customers
Exclusion from procurement
Legal proceedings
Fines
Removal from the market
Prison sentences

Typical: reputation damage, loss of custom, exclusion, legal proceedings
EAA introduces more explicit penalties for non-compliance

Fines > removal of products/services from market > prison
Depends on country trading in, severity of issue, size of business…

Ireland implemented EAA in December 2023

On summary conviction (a less serious case without a jury), a (class A) fine (€5,000) or imprisonment of up to 6 months, or both
On conviction on indictment (more serious), a fine of up to €60,000 or imprisonment of up to 18 months, or both
Note: Companies and their directors, managers, secretaries and other officers can be found guilty

Germany passed related legislation in 2021

Suggests fines of up to €100,000 in some cases and the power to impose restrictions or completely remove products or services from the market

Norway apparently warned its public sector bodies: daily fines (~€435)

–

https://www.mhc.ie/latest/insights/european-accessibility-act-implemented-into-irish-law

https://www.irishstatutebook.ie/eli/2023/si/636/made/en/print

https://www.taylorwessing.com/en/interface/2022/the-european-accessibility-act/european-accessibility-act-transposition-in-germany-an-overview

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What to do

Set a strategy
Create an action plan

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Strategy: Play the waiting game?

(hint: bad choice)

Why? Article 32 of the directive

“Member States shall provide for a transitional period ending on 28 June 2030 during which service providers may continue to provide their services using products which were lawfully used by them to provide similar services before that date”

Compliance with law or conformance to standards is important
But accessible products/services should be the end goal
Some are playing the waiting game (hint: bad choice)
Companies “want the accessibility problem to go away” (buy-in? or checkbox exercise?)
Some companies waiting to see what happens before taking action
Why? Article 32 of the directive
It’s an acceptance that there will be a period of change to adjust
Allows for long-term contracts already in place or products bought before the June 2024 deadline to be exempt
But it only applies to existing stuff
Anything supplied/purchased/procured after 28 June 2025 must be accessible
Everything must comply after 28 June 2030 (even long-term contracts in place before 28 June 2025)
Note: There is also an additional clause about self-service terminals having a transitional period of 20 years, supposedly due to such devices having a longer lifetime than others
This approach is not recommended (risky)
Ignoring the requirements until June 2030 is likely to land you in big trouble

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32019L0882#d1e2872-70-1

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Strategy: Be proactive!

(recommended)

Start now
Get the EAA on the radar
Accessibility takes time

⚠️ Audit > Understand > Remediate … Progress? Maintain?

✅ Understand > Embed > Change > Progress > Maintain

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An outline action plan

Get buy-in from leadership
Develop a Compliance Plan
Train your team
Assess
Implement changes
Document and report
Stay informed

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Get buy-in from leadership

Opportunities

1 in 4 people
80 million people in the EU
$13 trillion worldwide
More attractive in European markets

Are your legal team aware?

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Develop a Compliance Plan

Understand where you need to be
Start with what you know
Progress over perfection
Address gaps
Set clear milestones
Develop a strategy for maintaining accessibility

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Train your team

Accessibility is a team effort
Build team understanding and confidence

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Assess

Understand where you are
Define scope

Design system
Reused components and templates
Most common or important user journeys

Audit
Test with users
Report, analyse, prioritise, remediate

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Implement changes

Fix issues in your products and services
Update your strategy as needed

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Document and report

Create an accessibility statement

Demonstrate commitment
Describe your approach
Explain the current status and your plan
Provide contact details

Create resources
Demonstrate compliance

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Stay informed

Monitor updates

Web Content Accessibility Guidelines (WCAG)
WCAG2ICT
W3C Mobile Accessibility Task Force (MATF)
EN 301 549
European Accessibility Act (EAA)

Adapt strategy
Embed new skills

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Thank you

Built on the shoulders of giants:

Lainey Feingold

Susanna Laurin

Craig Abbot

Ronny Hendriks

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References and resources

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Some images are from the wonderful Unsplash community:

https://unsplash.com/