The June 2025 deadline for Irish businesses to comply with the European Accessibility Act (“EAA”) is fast approaching. This article gives an overview of what that will take and draws on Matheson’s experience of advising the Department on the transposition of this EU-derived legislation into Irish law.
The EAA is applicable across the EU and the Irish legislation has no particular quirks, and so many organisations may have already developed an EU wide compliance solution outside of Ireland. However, in-house teams who are headquartered in Ireland and / or have an Irish-specific website/offering need to start preparations to comply with the EAA now. While some are already subject to accessibility rules under sector-specific legislation, including in the telecoms and media sectors, the EAA’s requirements apply separately and in addition to those requirements and thus make implementation and ongoing compliance even more complex for those businesses.
Background & Detail on the EAA
The EAA has been transposed into Irish law by the European Union (Accessibility Requirements of Products and Services) Regulations 2023 (the “Regulations”). The EAA will come into effect from 28 June 2025. The rules apply to both public and private sector “economic operators” who are responsible for a product or service (through being the product manufacturer (or authorised representative, importer, or distributor) or the service provider.
In-Scope Products and Services
The sectors which are in-scope are commerce, banking, telecoms, transport and technology.
The Regulations apply to the following products provided to consumers in the above sectors:
- computer hardware and related operating systems;
- payment terminals used for business sales;
- self-service terminals including ATMs, ticketing and check-in terminals;
- devices used to access telecoms and media content (e.g. mobile phones and e-readers).
The Regulations also apply to the following services provided to consumers:
- electronic communications services;
- services providing access to audiovisual media services;
- websites, mobile device-based services including mobile applications, electronic tickets and electronic ticketing services, delivery of transport service information, and interactive self-service terminals for air, bus, rail and waterborne passenger transport services;
- interactive self-service terminals for urban and suburban transport services and regional transport services;
- consumer banking services;
- e-books and dedicated software; and
- e-commerce services.
What Are the Rules?
There are detailed and specific accessibility requirements for the products / services themselves, as well as requirements for any related installation instructions and packaging.
Any Exceptions?
There are limited exceptions from the requirements of the Regulations. A business must carry out a documented assessment demonstrating that compliance would:
a. require a significant change in a product or service concerned that results in the fundamental alteration of its basic nature; or
b. result in a disproportionate burden on the economic operator concerned.
Longer Transitional Period for Certain Products Already On The Market
The Regulations provide for a transition period of five years for preexisting services and contracts. Businesses should be aware that replacement of an existing service in use before June 2025 will override any transitional allowance and trigger a requirement for the replaced service to comply with the EEA.
There is a longer transitional period for certain self-service terminals, such as ATMs and payment terminals, which are in use before 28 June 2025. These can continue to be used until the end of their economically useful life, but for no longer than 20 years after their entry into use.
Enforcement and Penalties
The Competition and Consumer Protection Commission (“CCPC”) is the designated market surveillance authority, alongside the Commission for Communications Regulation (ComReg), Coimisiún na Meán, Irish Aviation Authority, National Transport Authority and the Central Bank of Ireland. Authorities have enforcement powers including to direct a business to comply and to pursue prosecutions. A person who fails to comply with the requirements of the Regulations commits an offence and may be liable:
a. on summary conviction, to a class A fine (up to €5,000) or imprisonment for a term not exceeding 6 months or both; or
b. on conviction on indictment, to a fine up to €60,000 or imprisonment for a term not exceeding 18 months or both.
Where a company commits an offence under the Regulations, a director, manager, secretary, or other officer of the company can also be personally liable for the offence committed by the company.
In addition, private enforcement is possible. Individual consumers may bring court proceedings for alleged non-compliance, and could be supported by public bodies and private associations, organisations or other legal entities with a legitimate interest in the action.
Call to Action
Now is the time to start compliance preparations, if these have not already commenced. For any questions, please reach out to Kate McKenna, Kate Lenihan, Rachelle Bowden or your usual Matheson Competition and Regulation Group contact.