Microenterprise exemption under the EAA

In brief

Microenterprises that provide services are exempt from the EAA's accessibility requirements for services and from the obligations related to compliance with them. The exemption is narrow. It depends on the definition in Article 3(23), and it covers services, not products.

Microenterprises that deal with products must comply, but they get limited relief from some paperwork.

Who is a microenterprise?

Article 3(23) defines a microenterprise as an enterprise that employs fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR 2 million.

Check how the Directive and your national law count staff and financial figures before you rely on the exemption.

What the exemption covers

• Article 4(5): microenterprises providing services are exempt from the accessibility requirements for services and from any obligations relating to compliance with them.
• Article 4(6): Member States must provide guidelines and tools to microenterprises to help them apply the national rules.

Microenterprises that deal with products

Article 4(5) speaks of microenterprises providing services. The text we checked contains no equivalent exemption for products. Two limited reliefs exist in Article 14:

• Under Article 14(4), a microenterprise dealing with products does not have to document its fundamental alteration or disproportionate burden assessment. If a market surveillance authority asks, it must provide the relevant facts.
• Under Article 14(8), the duty to notify the authorities when relying on Article 14 does not apply to microenterprises.

See disproportionate burden and fundamental alteration for the details.

In practice

The exemption belongs to the enterprise that provides the service to consumers. If a larger company provides the service and you build or run part of it, the larger company may still need accessible components from you. Customers, platforms and marketplaces may ask for them in contracts.

Accessibility is also good practice for a microenterprise. A voluntary approach can help with customers, partners and growth past the thresholds.

What to do

• Count staff and turnover. Check the numbers against Article 3(23) and record them with the date.
• Separate services from products. The exemption in Article 4(5) is for services.
• Read the national guidance. Member States must provide guidelines and tools for microenterprises (Article 4(6)).
• Re-check when you grow. Passing a threshold changes your position.

Common mistakes

• Assuming all small businesses are exempt. Only enterprises that meet the definition in Article 3(23) qualify.
• Assuming product makers are exempt. Article 4(5) covers microenterprises providing services. For products, the Directive gives only limited relief in Article 14.
• Ignoring customer requirements. You may be exempt by law and still be asked for accessible components by a larger customer.
• Forgetting to re-check. Staff numbers and turnover change. The exemption depends on the definition at the time.

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.