European Accessibility Act (Directive (EU) 2019/882)

Product-side “economic operator” duties (Articles 7–12) + what evidence to keep

This is a working handout for non-lawyers. Always confirm details against the Directive and your Member State’s transposition law.

When this matters

What this covers

  • Products in scope (Annex I, Section I) such as certain consumer hardware and self‑service terminals.
  • Services in scope (Annex I, Section III) such as e‑commerce, banking, transport ticketing, e‑books, etc.

For services, see Article 13 + Annex V (publish/maintain accessibility information). For products, this handout focuses on Articles 7–12.

Core rule

If you place a covered product on the EU market (or sell it under your name, or modify it), you inherit obligations. “We bought it from a vendor” does not remove your duty to demonstrate conformity.

Conformity for products is demonstrated via the procedure in Annex IV, and (where relevant) via harmonised standards like EN 301 549.

Roles and obligations (Articles 7–12)

Manufacturer (Article 7)

  • Ensure the product is designed and manufactured to meet EAA accessibility requirements.
  • Draw up technical documentation and perform the conformity assessment (Annex IV).
  • Issue the EU Declaration of Conformity and apply CE marking where required.
  • Provide required instructions and safety information in accessible formats where applicable.
  • Maintain systems to ensure ongoing conformity when products change (quality/process control).
  • Take corrective action if non‑compliance is suspected or confirmed; cooperate with authorities.

Practical takeaway: “Compliance” is an evidence package, not a claim.

Authorised Representative (Article 8)

  • Acts on the manufacturer’s behalf under a written mandate.
  • Typically handles: keeping the EU Declaration of Conformity available; cooperating with authorities; providing documentation on request.
  • Cannot take over the core duty to design/manufacture compliant products, and typically not responsible for drafting technical documentation.

Use when the manufacturer is outside the EU or needs an EU-based compliance interface.

Importer (Article 9)

  • Place only compliant products on the market.
  • Verify the manufacturer completed the conformity assessment and has required documentation.
  • Ensure the product bears required markings and is accompanied by required information.
  • Keep a copy of the EU Declaration of Conformity available and ensure documentation can be provided to authorities.
  • Act if a product is non‑compliant (do not place it, or take corrective steps) and cooperate with authorities.

Importer = “gatekeeper”: you cannot import and hope the manufacturer did the work.

Distributor (Article 10)

  • Act with due care when making a product available.
  • Verify, before sale, that required markings and required information accompany the product.
  • Do not make products available if you know or should know they are non‑compliant.
  • Cooperate with authorities and help ensure corrective action where needed.

Distributor duty is lighter, but “due care” still means checks, not blind resale.

When you become the Manufacturer (Article 12)

  • If an importer or distributor places a product on the market under its own name or trademark, it is treated as the manufacturer.
  • If you modify a product already placed on the market and the change may affect compliance, you can inherit manufacturer obligations.

Private label + “we tweaked it” are common ways organisations accidentally become manufacturers.

Traceability and cooperation (often overlooked)

  • Be ready to identify your supply chain and provide documentation to competent authorities on request.
  • Retain records long enough to support market surveillance and enforcement activities.

If you cannot produce evidence quickly, assume you will lose the argument.

What evidence to ask for (procurement checklist)

Minimum evidence pack (products)

  • EU Declaration of Conformity (DoC)
  • Conformity assessment results (Annex IV)
  • Accessibility requirements mapping (often EN 301 549-based, where applicable)
  • Known limitations, exceptions, and planned fixes (with dates)
  • Support and update policy (how conformity is maintained after release)

Red flags

  • “We meet WCAG” with no product-side evidence
  • No DoC, no assessment report, no traceability
  • Accessibility treated as a one-time audit, not a maintained property
  • “Overlay / automated remediation makes it compliant” (high legal risk)

What this talk did not cover (services)

For services, focus on Article 13 + Annex V: publish accessibility information, keep it accessible and updated, and be ready to provide evidence on request. Treat this like an operational obligation, not a marketing page.

References (human-readable + primary sources)