Does my SMB really need to comply with the European Accessibility Act?
The EAA microenterprise exemption is widely cited and widely misunderstood. The carve-out is narrower than most SMBs are told — especially for online retailers.
The European Accessibility Act has been in force since 28 June 2025. It applies to a broad set of products (e-readers, computers, payment terminals, self-service kiosks) and a narrower set of services (banking, e-commerce, electronic communications, audiovisual media, e-books, transport). Most SMB website operators have heard there is a microenterprise exemption. Most have a wrong idea of how it works.
The exemption text
Article 4(5) of Directive (EU) 2019/882: “Microenterprises providing services shall be exempt from compliance with the accessibility requirements referred to in paragraph 3 of this Article and any obligations relating to the compliance with those requirements.”
Two important words: microenterprises and providing services. Both qualify the scope. The EU definition of a microenterprise (Commission Recommendation 2003/361/EC) requires both conditions:
- Fewer than 10 employees
- Annual turnover OR balance sheet total under €2 million
A 9-person consultancy with €3M revenue is not a microenterprise. A 12-person consultancy with €500k revenue is not a microenterprise. The exemption only applies when both lines are satisfied at the same time.
What “providing services” excludes
The exemption is for service providers. Manufacturers, importers, and distributors of EAA-covered products are not exempt regardless of size. A 4-person company importing payment terminals into the EU does not get a microenterprise free pass on the accessibility requirements for those terminals.
For most SMB website operators this is academic — they do not import payment hardware. But it does mean that if your site is the storefront through which an EAA-covered product reaches end users, the product’s accessibility obligations travel with it. The service exemption does not cover that.
The e-commerce edge case
E-commerce is itself a service under the EAA (Annex I, Section IV). A microenterprise running an online shop is exempt from the EAA’s service-side accessibility requirements. But:
- National accessibility laws may still apply. Germany’s BFSG, France’s RGAA, Italy’s Legge Stanca, Spain’s UNE 139803 — several member states had pre-existing private-sector accessibility law before the EAA transposed. Member-state law that is stricter than the EAA is not displaced by the microenterprise exemption.
- Antidiscrimination law still applies. The UK Equality Act 2010 (post-Brexit but still in force) imposes a reasonable-adjustments duty regardless of microenterprise status. Germany’s AGG, France’s 2005 disability law — similar.
- The product side still applies. Reselling an EAA-covered product means the product obligations follow the chain.
The practical decision tree
- Are you a microenterprise under EU definition? Under 10 employees AND under €2M turnover/balance sheet. If no, skip to assumption: EAA applies.
- Do you sell or distribute EAA-covered products? If yes, microenterprise exemption does not cover the product obligations.
- Are you in a member state with stricter pre-existing accessibility law?Germany, France, Italy, Spain, Ireland — likely yes regardless of microenterprise status.
- Do you operate cross-border? Even microenterprise services may be caught by the destination country’s law if you target users there.
- Is your headcount or turnover near the threshold? If you expect to cross 10 employees or €2M turnover in the next 12 months, plan as if EAA applies — the exemption ends the day you cross.
What the exemption does not change
Even when the EAA exemption applies cleanly, three things remain:
- GDPR cookie and tracking obligations are unaffected. GDPR has no microenterprise exemption. A 3-person SMB site that fires a Meta Pixel pre-consent has the same exposure as a 300-person one.
- Accessibility statement obligations under national law may still apply. Germany’s BFSG, for example, requires an accessibility statement from non-microenterprises but encourages it from microenterprises.
- The lawsuit surface in member states with private rights of action (Germany’s BFSG allows interest groups to file, Italy via Legge Stanca, France via DDA / RGAA grievance processes) does not honor the EAA microenterprise carve-out in all jurisdictions.
Veracly’s position
We tag every scan with the customer’s declared size band, and the report surfaces the exemption analysis explicitly on the EAA card. If a customer declares microenterprise status on a service-only site, the report still scans against WCAG 2.1 AA — both because national law often requires it anyway, and because anyone crossing the threshold benefits from having an audit trail of pre-threshold preparation. The default position: scan as if the EAA applies, then read the EAA card with the exemption analysis in mind.
See also: EAA compliance for SMBs: what changed June 2025 · When does a small business lose its compliance carve-outs?
Common questions
What is the EAA microenterprise threshold?
Fewer than 10 employees AND annual turnover or balance sheet under €2 million. Both conditions must be met. Crossing either threshold removes the exemption.
Does the exemption apply to e-commerce?
Generally no for products covered by the EAA. The microenterprise exemption in Article 4(5) applies to service providers, not to manufacturers, importers, or distributors of products. E-commerce websites that sell EAA-covered products (e-readers, computers, payment terminals, ATMs, ticketing machines) are subject to the underlying product obligations regardless of microenterprise status.
What about a 5-person dental practice website?
The practice itself is a service provider under EAA Annex I. A microenterprise dental practice (under 10 employees, under €2M turnover) is exempt from the EAA service obligations. But the practice still has obligations under national accessibility law in many member states, and any e-commerce on the site is treated separately.
When does the exemption stop applying?
The moment your headcount reaches 10 or your turnover exceeds €2M. There is no grace period in the Directive; member-state transposition may add one. The safer planning assumption is that you lose the exemption in the financial year you cross either line.
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