EU Accessibility Act Exemptions and Disproportionate Burden

An operator may conclude that a specific requirement would fundamentally alter the basic nature of the product or service, or would impose a disproportionate burden when assessed against Annex VI criteria. That conclusion must be reasoned, specific, and documented. It is not enough to say accessibility is expensive or difficult.

The assessment should show what requirement is at issue, what design or implementation options were explored, what costs and benefits were considered, and whether partial compliance can reduce burden while still materially improving access. For services involving self service terminals, the directive explicitly expects operators to consider whether a limited number of fully accessible terminals or a limited level of accessibility can avoid a disproportionate burden while still moving toward compliance.

A microenterprise under the directive employs fewer than 10 people and has annual turnover not exceeding EUR 2 million or annual balance sheet total not exceeding EUR 2 million. Microenterprises providing services within scope are exempt from the directive requirements and obligations. Microenterprises dealing with products get lighter treatment, but they are not free to make unsupported claims if they rely on Article 14.

Where economic operators rely on Article 14 for a specific product or service, they generally have to send information to the relevant authority in the Member State where the product is placed on the market or the service is provided. The directive states that this notification duty does not apply to microenterprises. Teams should still keep their records clean because authorities may ask for supporting facts.