European Accessibility Act (EAA) Exemptions: Understanding Categories & Compliance Procedures

1. Introduction

The European Accessibility Act (EAA) mandates accessibility for all users—even those with disabilities—for products and services sold or provided in the EU. However, applying these requirements universally could impose undue burden on businesses. Therefore, the EAA includes certain exemptions. This guide covers:

1. Legal basis for exemptions
2. Main categories and requirements
3. How to apply and document exemptions
4. What Japanese companies should focus on

2. Legal Basis for Exemptions

Article 14 of Directive (EU) 2019/882 outlines the following exceptions:

• (a) Disproportionate burden
• (b) Microenterprises
• © Bespoke solutions
• (d) Confidentiality constraints
• (e) Products/services outside the directive’s scope

3. Key Exemption Categories & Requirements

3.1. Microenterprises

• Definition: <10 employees and <€2 million turnover or balance sheet total
• Scope: Applies company-wide, not to each product
• Procedure: Self-declaration is sufficient

💡 Though exempt, it’s recommended to adopt accessibility when possible for social responsibility and future market expansion.

3.2. Disproportionate Burden

• Purpose: For cases where accessibility implementation would significantly alter the nature or cost of a product/service
• Evaluation criteria:
  1. Cost/time impact
  2. Company size/resources
  3. Nature and lifecycle of offering
• Documentation: Must maintain cost estimates and technical analysis, available for regulator review

⚠️ “Too much hassle” alone is not valid—evidence is required.

3.3. Bespoke Solutions

• Definition: Custom-developed for a specific individual with a disability
• Scope: Exempt only if provided on a one-to-one, bespoke basis
• Note: Standard or widely-available versions remain subject to EAA

3.4. Confidentiality Constraints

• Applies when disclosing accessibility specifications would compromise national security or involve classified information

3.5. Out-of-Scope Products/Services

• Product types explicitly excluded by the directive (e.g., fully offline physical products, non-digital services)

4. How to Apply & Prove Exemptions

Steps:

1. Self-declare microenterprise status publicly
2. Maintain documentation for burden or bespoke exemptions
3. Be ready for regulator inquiries with an organized compliance file

5. What Japanese Companies Should Do

1. Assess company size
   • Verify eligibility as a microenterprise
2. Estimate costs and technical feasibility
   • Determine if accessibility changes constitute a disproportionate burden
3. Define bespoke offerings
   • Clearly differentiate custom solutions from general products
4. Create internal policies
   • Document exemption criteria and procedures in corporate policy
5. Ensure transparency
   • Disclose accessibility compliance and exemptions in EU-targeted materials

Summary

• While the EAA sets detailed accessibility standards, it also provides exemptions tailored to business size, cost, bespoke deployment, and confidentiality
• Understand categories like microenterprises, disproportionate burden, and bespoke solutions, and maintain proper evidence
• Japanese companies entering the EU market should clarify exemption eligibility, document thoroughly, set up internal rules, and proactively reduce compliance risk while promoting inclusivity

Reference: Article 14, Directive (EU) 2019/882 (Exceptions and Limitations)