Accessibility Directive Overview And Compliance – Broadcasting: Film, TV & Radio

Is your business ready for the EU’s new Accessibility Directive, which is effective
from 28 June 2025?

The Directive requires that products and services must be
accessible to individuals with disabilities – this is broad
and covers those who

The requirements apply to a wide range of products put on the EU
market by importers, manufacturers and distributors and to services
provided to consumers in the EU from 28 June. The EU Accessibility
Directive was introduced to address the need for equal access and
inclusion for people with disabilities, leverage technological
advancements, harmonise accessibility standards, and respond to
demographic changes (the EU, like the UK, has an ageing population,
which can result in more disability).

In the UK, the Equality Act 2010 includes specific provisions to
protect individuals with disabilities. This includes the
requirement for reasonable adjustments to be made by employers,
service providers, and public bodies to ensure that disabled people
are not at a substantial disadvantage. While UK businesses must
comply with the broader remit of the Equality Act 2010, they must
now also comply with the more specific requirements of the
Accessibility Directive where they provide in-scope goods or
services into the EU.

What is in scope?

The Directive covers a wide range of products, including:

E-commerce

Consumer banking and financial services

Telephony services

Computers and operating systems

Services to access audiovisual media services

Payment terminals and certain self-service terminals such as
cashpoints, ticketing and check-in machines, interactive
self-service information terminals

Smartphones and other equipment for accessing telecommunication
services

TV equipment involving digital TV services

E-readers

Certain elements of air, bus, rail and water transport
services, such as websites, mobile services, electronic tickets,
information

E-books

Products must:

Be designed and produced to maximise their use by people with
disabilities.

Comply with detailed rules on information and instructions,
user interface and functionality design, support services, and
packaging.

Services must:

Ensure that products used to provide the service are
accessible.

Provide information about the service, its accessibility
features, and facilities.

Make websites and mobile devices easily accessible.

Facilitate providing information on accessibility, such as help
desks, call centres, and staff training

Apply practices, policies and procedures to address the needs
of people with disabilities.

Examples of what needs to be done!

Annex II of the Directive sets out a non-binding list of ways to
comply. Here are a few examples:

Providing information

Using the same words in a consistent manner, or in a clear and
logical structure, so that people with intellectual disabilities
can better understand.

Providing electronic files which can be read by a computer
using screen readers so that people with visual impairments can use
the information.

Accompanying a diagram with a text description identifying the
main elements or describing key actions.

Providing subtitles when video instructions are provided.

User interface and functionality design

Allowing users to enlarge text, to zoom in on a particular
pictogram or to increase the contrast.

When a computer gives an error signal, providing a written text
or an image indicating the error, so that deaf people know an error
is occurring.

Making touch screen buttons bigger and well separated so that
people with tremors can press them.

Avoiding flickering images so that people who are
photosensitive and/or get seizures are not at risk.

Ensuring that software reacts in a predictable way when a
particular action is performed and providing enough time to enter a
password so that is easy to use for people with intellectual
disabilities.

There are similar examples for product packaging and services,
such as

providing that text can be read by people with visual
impairments

making a payment service user interface available by voice so
that visually impaired people can make online purchases
independently.

Supply chain requirements

Even if a service, or part of a service, is subcontracted to a
third party, the accessibility of that service should not be
compromised and service providers should also be required to comply
with the Directive.

Training

Service providers should train their staff so that they know how
to use accessible products and services. That training should cover
issues such as information provision, advice and advertising.

Transitional period for services

There is a transitional period ending on 28 June 2030 during
which service providers may continue to provide their services
using products that were lawfully used by them to provide similar
services before that date.

What if making these changes is disproportionate?

The accessibility requirements apply unless compliance
would require a significant change in a product or service that
results in the fundamental alteration of its basic nature; or if it
would result in the imposition of a disproportionate burden on the
economic operators concerned. The exemption is not a low bar. If
you wish to rely on this, you need to carry out an exemption
assessment, using detailed criteria that set out
in Annex VI to the Directive. Lack of priority, time or knowledge
will not be legitimate reasons. You would need to document your
assessment and keep it for five years from when you last made the
product available on the market or from the date on which you last
provided the service.

What happens if I don’t comply?

Individual EU member states are responsible for imposing
penalties for non-compliance. These penalties can include fines,
the removal of products or services from the market, and the
suspension of an organisation’s right to do business. As an
example, the Irish implementing legislation sets out fines of up to
€60k (and even imprisonment of up to 18 months). Companies and
their directors, managers, secretaries and other officers can be
found guilty of an offence under the Irish regulations. They also
outline a procedure for individual consumers to take action against
businesses in court if they believe a business is not complying
with the legislation (public bodies, private organisations and
other third parties with a legitimate interest can also support
these consumer actions).

What should I do?

Organisations should be taking steps to make sure that their
products and services meet the required standards in the EU.
Compliance may also help towards achieving compliance with the
UK’s Equality Act.

Let us know if you need help navigating the accessibility
requirements.