The European Accessibility Act (EAA) was passed in 2019, however the deadline to make sure that all its accessibility measures have been met was the 28 June 2025. This is effectively when it became the law. Unlike existing regulations such as the American Disabilities Act (ADA) or guidelines such as those defined by the Web Content Accessibility Guidelines (WCAG), the EAA introduces significant financial penalties for non-compliance, up to €500k, depending on the country and the offence.

The combination of regional regulations such as the EAA, and ADA and the requirements born from the Environment Social and Governance (ESG) and the larger remit of Corporate Social Responsibility (CSR) means that accessibility is becoming a key issue to many research buyers.  This goes beyond simply making sure that documents and interfaces are accessible, but also measuring, monitoring and actioning compliance failures.

The EAA is distinct. It possesses more stringent enforceability compared to previous legislation, which primarily served as guidance for best practice. Similar to the General Data Protection Regulation (GDPR), the EAA will exert a global influence. In many countries, fines are just the beginning. Continuous non-compliance will incur further legal actions, including mandatory corrective measures, public disclosure of violations, and even the suspension of inaccessible products and services. As an actor and public face of research for many clients, a research agency must ensure it meets and exceeds the base requirements of this law.

The EAA is a directive (2019/882) of the European Union aimed at improving the accessibility of products and services for people with disabilities and the elderly across the EU. The EAA reflects the commitment to accessibility made by the EU as part of ratifying the United Nations Convention on the Rights of Persons with Disabilities.

The act is designed to harmonise accessibility standards across member states, simplify cross-border trade, and enhance access to a broader range of services.

The act is applicable to any organisation providing services to consumers within the EU.

The EAA addresses a diverse range of products and services. Market research companies are not mentioned specifically in the act, but they provides services to many of the types of organisations that are listed. The assumption is that every interface with an individual (respondent, participant, panel member, etc.) will be affected. This includes:

• Websites
• Research methodologies (online and offline):
  • Quant, including panel portals, email invitations, all survey interactions, etc.
  • Qual, including focus groups, discussion boards, communities, in-depth interviews, etc.

For the web deliverables mentioned above, agencies will need to implement accessibility standards based on EN 301 549, which currently incorporates standards outlined in the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.

Our understanding is that the EAA does not directly apply to B2B or employee-facing products and services. Instead, EAA primarily targets products and services that are offered to consumers. 

National authorities will undertake regular compliance audits, which will encompass reviewing complaints and pursuing any reported non-compliance. An agency's clients and respondents can report violations to national authorities, potentially leading to legal proceedings.

An agency could be mandated to implement corrective actions if its products or services are deemed non-compliant, which could entail modifications to products or services or the introduction of new training initiatives.

Each EU member state has the autonomy to determine its own penalties for non-compliance with the EAA, and the fines can vary widely. While some countries are set to impose relatively moderate penalties, others plan to enforce stringent fines and additional sanctions. Here’s a closer look at the impact in some key countries:

• Germany – with fines reaching up to €500,000, Germany has one of the highest penalty thresholds for non-compliance. If an organisation fails to meet accessibility standards the company could also face a suspension of services.
• France – if a company is non-compliant in France they may be fined between €5,000 and €250,000. Moreover, the French authorities reserve the right to publicly expose companies that do not adhere to accessibility standards, which can severely damage your reputation.
• Spain – fines in Spain can range from €5,000 to €300,000. In addition to financial penalties, an agency could be required to undertake corrective measures and could face public disclosure of any non-compliance status.
• Ireland and Austria – both countries impose fines of up to €200,000 for failing to comply with the EAA. In Ireland, enforcement actions may include mandatory accessibility audits, while in Austria, repeated violations can lead to higher fines and potential suspension of services.
• Finland and the Netherlands – fines can be as high as €150,000 and €250,000, respectively. In Finland, an organisation (if non-compliant) could also be required to undergo mandatory accessibility audits and document the compliance efforts.
• The UK – there is speculation that the UK may adopt a similar regulation to the EAA, in much the same way as the UK did with GDPR. However, regardless of whether this happens or not, running any international research projects in Europe will be impacted..

The example fines above underscore the rigorous approach EU member states are adopting in enforcing the EAA. The message is unequivocal: non-compliance is not a viable option, and the repercussions of neglecting accessibility could be severe.

In terms of the timeline for imposing fines, it is challenging to predict, but one might anticipate a pattern similar to the imposition of GDPR fines, characterised by a steady year-on-year increase in both cases and the amounts fined.

The act states that for products and services placed on the market and contracts entered into before 28 June 2025, there will be an additional transition period of five years (ending on 28 June 2030), during which an organisation does not need to comply. However, any product or service replacements during that transition period would need to be compliant. With so much research business being project-based, it is unlikely that the transition period will provide any relief, even for long-standing trackers, as new waves are usually modified before being relaunched, which would likely be seen as a replacement.

Legal Proceedings – if non-compliant, an agency could face legal action from individuals or advocacy groups representing people with disabilities. This could result in lawsuits, court orders, or settlements necessitating the company to address accessibility shortcomings.

Business Disruption – an agency could be forced to modify inaccessible products, services, or web assets to meet EAA standards which will be costly and disruptive.

Exclusion from Procurement Processes – EAA compliance is likely to become a prerequisite in both public and private sector procurement requirements. Non-compliance could exclude organisations from participating in significant public and private procurement opportunities.

In addition to delivering accessible products and services, an agency should establish procedures to manage accommodation requests from research participants (e.g., providing a link for survey respondents to submit questions or requests) and ensure timely responses and reasonable accommodations for these requests.

An agency will also need to explain in its contracts, statement of works, terms and conditions, etc., how its services meet the digital accessibility requirements. Where applicable, the information must contain:

• An overview of the service, presented in an accessible manner irrespective of accessibility needs.
• Detailed guidelines and explanations on using the service.
• An explanation of how the service meets the accessibility standards specified in the EAA.

An organisation will need to share evidence that the way the service is delivered and monitored complies with the above and all other applicable requirements of the EAA. This information must be made available to the public in an accessible format.