Disproportionate burden and fundamental alteration

In brief

Article 14 of the European Accessibility Act limits the accessibility requirements in two cases. They apply only to the extent that compliance does not require a fundamental alteration of the product or service, and does not impose a disproportionate burden on the economic operator.

It is not a general waiver. You must assess, document, keep the records and, in most cases, notify the authorities.

The two grounds

• Fundamental alteration (Article 14(1)(a)): compliance would require a significant change in a product or service that results in the fundamental alteration of its nature.
• Disproportionate burden (Article 14(1)(b)): compliance would impose a disproportionate burden on the economic operators concerned.

The requirements apply "to the extent" that these conditions are not met. If one part is a disproportionate burden, the rest of the requirements can still apply.

Assess and document

• Article 14(2): assess whether compliance would cause a fundamental alteration or a disproportionate burden, using the criteria in Annex VI.
• Article 14(3): document the assessment and keep the results for five years from the last time the product was made available or the service was provided. Give a copy to the authorities on request.

This page does not reproduce Annex VI. Read it in full before you rely on this ground.

Reassessment for services

Under Article 14(5), a service provider that relies on the disproportionate burden ground must renew the assessment for each category or type of service when the service changes, when the authorities ask, and at least every five years.

Funding limits the ground

Under Article 14(6), an operator that receives accessibility funding from sources other than its own resources, public or private, cannot rely on the disproportionate burden ground.

Notification

Under Article 14(8), an operator that relies on Article 14 for a specific product or service must notify the relevant authorities of the Member State where the product is placed on the market or the service is provided. The duty does not apply to microenterprises.

Under Article 14(4), a microenterprise dealing with products does not have to document the assessment, but must provide the relevant facts if a market surveillance authority asks. See the microenterprise exemption.

What to do

• Do the assessment first. Use the Annex VI criteria and write down the reasons.
• Limit the claim. Claim only the part that is a fundamental alteration or disproportionate burden. Comply with the rest.
• Keep the records. Keep the documentation for five years from the last making available or provision.
• Notify the authorities. Check the national procedure and send the information. Microenterprises are excepted.
• Plan the reassessment. Set a date at most five years away and add triggers for service changes.

Common mistakes

• Using it as a default. Article 14 applies only after an assessment against Annex VI.
• Claiming a full exemption. The requirements apply to the extent that the conditions are not met.
• No documentation. Without a documented assessment, you cannot show why you relied on Article 14.
• Forgetting to notify. Article 14(8) requires notification, unless you are a microenterprise.
• Relying on it while funded. Accessibility funding from other sources rules out the disproportionate burden ground.
• Never reassessing. Service providers must renew the assessment when the service changes and at least every five years.

Sources

• Directive (EU) 2019/882, European Accessibility Act (EUR-Lex), opens in a new tab

This page is for informational purposes only and is not legal advice. For binding requirements, refer to the official text of the European Accessibility Act (Directive (EU) 2019/882) and to the national law of the Member State where you operate.