Why EAA Is Often Misunderstood
With the EAA coming into force in June 2025, many organizations are asking a simple question: “Does EAA apply to us?”
Unfortunately, the answer is rarely a simple yes or no.
A common misconception is that EAA applies to all websites. In reality, EAA applicability depends on what you offer, how users interact with it, who your users are, and the size of your organization.
This article breaks down EAA applicability using a decision-tree mindset, turning complex legal rules into clear, practical guidance.
The Core Idea Behind EAA Applicability
EAA is not about “having a website.”
It’s about offering consumer-facing digital services or products that fall under specific categories.
In practice, EAA looks at four key questions:
- Do you offer services or products?
- Is there digital interaction (online contracts, bookings, requests)?
- Are consumers involved (B2C, not purely B2B)?
- Does your company exceed size thresholds?
Only when enough of these conditions are met does EAA apply.
Step 1: Services vs. Products — The First Split
The very first decision point is simple:
Do you offer services or products?
EAA evaluates these two paths differently, so let’s look at them separately.
When EAA Applies to Services
1. Online Contracts Almost Always Trigger EAA
If you offer services and contracts are concluded online, EAA is likely relevant.
Examples:
- Online bookings
- Paid subscriptions
- Digital service purchases
If these services are directed at consumers, EAA becomes applicable once company size thresholds are met.
2. “We Don’t Sell Online” Is Not Always an Exemption
Even if no direct purchase happens online, EAA may still apply.
Websites that include:
- Contact forms
- Appointment booking
- Reservation systems
can still fall under EAA if they enable concrete service requests, especially when consumers are involved.
This is a frequent blind spot for organizations that assume:
“We’re only informational.”
3. Service Categories Explicitly Covered by EAA
Some services are explicitly listed and can trigger EAA even without typical e-commerce flows:
- E-book services and related software
- Banking services
- Telecommunications services
- Passenger transport services
If you operate in one of these areas and target consumers, EAA applicability is very likely.
4. Consumer Focus + Company Size Matters
Even when a service qualifies, EAA generally applies only if:
- The service targets consumers, and
- The organization exceeds:
- 9 employees, and
- €2 million annual turnover or balance sheet total
Small businesses may be exempt — but this exemption is conditional, not automatic.
When EAA Does Not Apply to Services
EAA typically does not apply when:
- Services are purely B2B
- The website is purely informational
- There are no booking, purchase, inquiry form
- The organization stays below size thresholds
- The service does not fall into a regulated category
This distinction is crucial for correctly scoping accessibility work.
When EAA Applies to Products
EAA doesn’t stop at websites.
It also applies to specific consumer products — especially digital and interactive ones.
1. Online Product Sales to Consumers
If you sell products online and:
- Target consumers, and
- Exceed size thresholds
EAA obligations often apply to:
- The sales platform
- The product’s usability
- Accompanying digital interfaces
2. Product Types Explicitly Covered
EAA explicitly includes:
- E-book reading devices
- General-purpose consumer computer hardware (including operating systems)
- Self-service terminals (e.g. ticket machines, kiosks)
- Interactive consumer devices
In these cases, EAA can apply even if the website itself is simple.
3. Offline Sales Can Still Be Relevant
Even without online contracts, EAA may apply if the product itself falls into a regulated category — for example, self-service terminals or consumer interactive devices.
When EAA Does Not Apply to Products
EAA generally does not apply if:
- You do not sell products at all
- Products are sold exclusively B2B
- Products fall outside defined EAA categories
- Company size thresholds are not exceeded (depending on the case)
Common Misunderstandings (and Why They Matter)
Let’s address some frequent assumptions:
- ❌ “We don’t sell online, so EAA doesn’t apply”
→ Request forms and bookings can still trigger it. - ❌ “Accessibility only affects our website”
→ EAA often applies to the service or product itself. - ❌ “We are small, so we’re exempt”
→ Size exemptions depend on what you offer and to whom.
These misunderstandings often lead to under-scoped accessibility testing.
What This Means for Testers and Product Teams
If EAA applies, accessibility is no longer optional.
This affects:
- Requirements and acceptance criteria
- Design decisions
- Frontend and backend implementation
- Test coverage and tooling
- Documentation and compliance evidence
For testers especially, EAA means: Validate business assumptions first — then test WCAG compliance.
In flowchart view
START │ ▼Do you provide SERVICES for EU? │ ├── Yes ──► Is there an e-commerce? │ │ │ ├── Yes ──► Is the offer aimed at CONSUMERS (B2C)? │ │ │ │ │ ├── Yes ──► Are you a SMALL business? │ │ │ │ │ │ │ ├── Yes → EAA APPLIES │ │ │ └── No → EAA DOES NOT APPLY │ │ │ │ │ └── No → EAA DOES NOT APPLY │ │ │ └── No ──► Does the website allow concrete requests? (contact us, booking, etc.) │ │ │ ├── Yes → size check → EAA? │ └── No → Is it one of the regulated service types? │ │ │ ├── Yes → size check → EAA? │ └── No → Is it passenger transportation services │ │ │ ├── Yes → size check → EAA? │ └── No → EAA DOES NOT APPLY │ │ └── No ──► Do you sell PRODUCTS in EU? │ ├── No → EAA DOES NOT APPLY │ └── Yes ──► Is the contract ONLINE? │ ├── Yes ──► Is it B2C? │ │ │ ├── Yes → size check → EAA ? │ └── No → product type check │ └── No ──► Is it a regulated product? (E-book reader, Consumer computer / OS, Self-service terminal, Interactive consumer device) │ ├── Yes → EAA APPLIES └── No → EAA DOES NOT APPLYSmall business: >9 employees OR >€2M turnover
Regulated services: e-books, consumer banking, telecom, service given access to audiovisual media
Transportation services: website, mobile app, e-ticket, transport information, interactive screen
According to EAA, Products are:
(a) consumer general purpose computer hardware systems and operating systems for those hardware systems;
(b) the following self-service terminals:
(i) payment terminals;
(ii) the following self-service terminals dedicated to the provision of services covered by this Directive:
— automated teller machines;
— ticketing machines;
— check-in machines;
— interactive self-service terminals providing information, excluding terminals installed as integrated parts of
vehicles, aircrafts, ships or rolling stock;
(c) consumer terminal equipment with interactive computing capability, used for electronic communications services;
(d) consumer terminal equipment with interactive computing capability, used for accessing audiovisual media services;
and
(e) e-readers
According to EAA, Services are:
(a) electronic communications services with the exception of transmission services used for the provision of machine-tomachine services;
(b) services providing access to audiovisual media services;
(c) the following elements of air, bus, rail and waterborne passenger transport services, except for urban, suburban and
regional transport services for which only the elements under point (v) apply:
(i) websites;
(ii) mobile device-based services including mobile applications;
(iii) electronic tickets and electronic ticketing services;
(iv) delivery of transport service information, including real-time travel information; this shall, with regard to
information screens, be limited to interactive screens located within the territory of the Union; and
v) interactive self-service terminals located within the territory of the Union, except those installed as integrated
parts of vehicles, aircrafts, ships and rolling stock used in the provision of any part of such passenger transport
services;
(d) consumer banking services;
(e) e-books and dedicated software; and
(f) e-commerce services.