Navigating organizational change, especially externally-mandated change, is hard. Change confronts all kinds of resistance; the cost of time and money vs the impact on return on investment (ROI) guides decisions to adopt or neglect change.
Organizations within the European Union are well aware of the fast-approaching date of June 2025, when the European Accessibility Act (EAA) will come into force. Accessibility for people with disabilities has long struggled to be added to the priority list of organizations. While CEO’s may exalt the need for and importance of accessibility, their action to implement it most often falls short. Complacency sets in; good intentions fall to the wayside.
The EAA is tackling this failure to prioritize accessibility, with legally binding call to action. The Act mandates that ALL digital products and services provided to the EU must be fully accessible and comply with the Web Content Accessibility Guidelines as of June 2025. This also applies to businesses not based in the EU, but supplying such digital products and services to and within the EU. So, while this is a European Act, it impacts countries globally that trade in the digital spheres with the EU.
This is a bold move, one that the EU takes seriously in its commitment to the Convention on the Rights of People with Disabilities. Companies that demonstrate non-compliance with this directive may face fines, cease and desist orders, imprisonment or other legal consequences.
Naturally, for every rule, there is an exception and the EAA is no stranger to that. The Act is intended to promote the rights of people with disabilities, not to punish businesses for whom resources are limited to meet the requirements. The EAA lists two main exemptions under the directive namely.
- Microenterprises: Businesses with fewer than 10 employees and an annual turnover under €2 million are exempt.
- Disproportionate Burden or Fundamental Alteration: If compliance imposes a significant burden or fundamentally alters a product or service, exemptions may apply.
In this article I will be discussing the second exception – the Disproportionate Burden – of the EAA.
What is Disproportionate Burden?
The disproportionate burden clause is a provision in the European Accessibility Act that allows organizations to claim an exemption from full compliance with accessibility requirements under specific circumstances. This clause is designed to balance the goal of widespread accessibility with the practical challenges that some organizations may face.
A disproportionate burden arises when the cost or effort in compliance with accessibility requirements imposes excessive organizational or financial strain on an economic business, relative to the benefits for persons with disabilities. It also considers whether compliance would fundamentally alter the product or service’s nature.
This principle ensures that accessibility requirements are balanced and proportional organizations, particularly for small and medium-sized enterprises (SMEs) or those with limited resources, must consider several factors when claiming a disproportionate burden:
- The size, resources, and nature of the organization
- Estimated costs and benefits of compliance
- Frequency and duration of use of the product or service by persons with disabilities
Businesses claiming disproportionate burden exemptions must provide evidence in support of the exception, thus any claim of disproportionate burden must be thoroughly evidenced and documented. Businesses must assess and document whether compliance imposes such a burden or results in fundamental alterations. However, it is important to note that lack of priority, time, or knowledge cannot be used as legitimate reasons for non-compliance.
Blanket Excuse
The concept of disproportionate burden should not be used as an excuse to avoid compliance with the EAA. The disproportionate burden is a legal term intended to assist businesses that are struggling to comply with the EAA, but it should not be seen as a blanket excuse. Using disproportionate burden to avoid making necessary adaptations could lead to adverse business impacts rather than making the business more inclusive.
While some businesses might choose not to make certain content accessible due to low sales, this approach is not advisable. Instead, focus on ensuring the right workflow in place with popular and important titles are fully accessible first and work on the other titles gradually. The European Accessibility Act refers to a 5-year grace period to have all digital assets available in accessible formats. This shouldn’t be treated as an additional time before making content accessible, it is merely a hard target deadline. Utilizing this time frame can help businesses avoid legal challenges and contribute to social responsibility in the digital age.
Relying on disproportionate burden as an excuse to avoid compliance is not a good strategy for any business aiming to operate within the European market. The 27 countries of the EU have established these rights-based regulations to ensure equal access to content for everyone. Therefore, compliance with the accessibility act is not only a legal necessity but also a social responsibility that excludes no one.
The EAA is built on the principle of proportionality; with the aim to make most products and services accessible without placing excessive strain on businesses. Some products, no matter the design changes won’t fit the criteria, in which case they would be exempt. By providing clear criteria and processes, the directive ensures that accessibility goals are balanced with the realities faced by economic operators, particularly SMEs.
Opportunity for Innovation
Businesses should view these requirements not as obstacles but as opportunities to foster inclusion and innovation. While compliance may require effort and investment, it can also open doors to new markets and build trust with a diverse customer base. The data on the economic benefits of accessibility are robust and persuasive; that will be for another article.
Rather than viewing the digital accessibility as obstacles, businesses should see them as opportunities to become more inclusive and innovative. Compliance may require going the extra mile and investment, but it can also:
1. Open doors to new markets (over 20% of the world population suffer from some kind of disability according to WHO)
2. Build trust with a diverse customer base ensuring inclusivity.
3. Drive innovation in product and service design.
Conclusion
While the disproportionate burden clause provides some flexibility for organizations facing genuine difficulties in achieving full compliance, it is not intended as a loophole to avoid accessibility requirements altogether. Organizations must make a good faith effort to comply with the EAA. As we approach the EAA implementation date in June 2025, businesses that prioritize accessibility in their digital strategies are those who will reap the rewards, financially and reputationally. Importantly, people with disabilities will have more accessible products and services available to them, creating a more competitive market.
The journey toward compliance may be challenging, but the rewards—both social and economic—are well worth the effort. Accessibility is not just the right thing to do; it’s the smart thing to do. Let’s build a more inclusive future together.
