Kept Record

The European Accessibility Act exempts the smallest businesses from its service requirements, but not from its product requirements.

Directive (EU) 2019/882 defines a microenterprise by headcount and money, and exempts microenterprises that provide services from the accessibility requirements for services. Microenterprises that deal in products are not exempt; they get lighter paperwork. National laws carry the exemption into force, in their own words.

Who counts as a microenterprise

The definition has two parts, and both have to be met: a headcount test and a money test. The money test can be met in either of two ways.

A microenterprise is an enterprise with fewer than ten employees and an annual turnover of no more than two million euros.

fewer than 10 persons and which has an annual turnover not exceeding EUR 2 million Directive (EU) 2019/882, Article 3(23), 17 April 2019.

Instead of turnover, the money test can be met by an annual balance sheet total of no more than two million euros.

or an annual balance sheet total not exceeding EUR 2 million Directive (EU) 2019/882, Article 3(23), 17 April 2019.

A recital says that to benefit, a business must genuinely meet the Commission's 2003 Recommendation on small enterprises. The directive itself does not set out how staff are counted or how linked companies are treated; that detail sits in the Recommendation and the case law.

they must genuinely fulfil the requirements of Commission Recommendation 2003/361/EC Directive (EU) 2019/882, Recital 53, 17 April 2019.

What the exemption covers

The exemption is written for services only.

Microenterprises providing services are exempt from the accessibility requirements for services.

Microenterprises providing services shall be exempt from complying with the accessibility requirements Directive (EU) 2019/882, Article 4(5), 17 April 2019.

The exemption also extends to the obligations that go with those requirements.

and any obligations relating to the compliance with those requirements Directive (EU) 2019/882, Article 4(5), 17 April 2019.

The reason given in the recitals is that asking a service microenterprise even to assess whether the requirements would be a disproportionate burden would itself be a disproportionate burden. Recitals explain a directive; they are not its operative text.

would in itself constitute a disproportionate burden Directive (EU) 2019/882, Recital 70, 17 April 2019.

What it does not cover

A microenterprise that makes, imports or distributes a product in scope is treated differently from one that provides a service.

The product requirements apply to all products, with no microenterprise exemption written into that paragraph.

All products shall comply with the accessibility requirements set out in Section I Directive (EU) 2019/882, Article 4(2), 17 April 2019.

What product microenterprises are spared is the duty to document a disproportionate burden assessment.

microenterprises dealing with products shall be exempted from the requirement to document their assessment Directive (EU) 2019/882, Article 14(4), 17 April 2019.

If a market surveillance authority asks, a product microenterprise relying on that defence must still give it the relevant facts.

shall provide the authority with the facts relevant to the assessment Directive (EU) 2019/882, Article 14(4), 17 April 2019.

Microenterprises are also spared the duty to notify authorities when they rely on that defence.

The first subparagraph shall not apply to microenterprises. Directive (EU) 2019/882, Article 14(8), 17 April 2019.

What member states must do for microenterprises

The Act puts one duty on governments toward microenterprises, and expresses one hope.

Member states must provide guidelines and tools to help microenterprises apply the national law.

Member States shall provide guidelines and tools to microenterprises Directive (EU) 2019/882, Article 4(6), 17 April 2019.

The recitals say all microenterprises, exempt or not, should be encouraged to meet the requirements anyway.

all microenterprises should be encouraged to manufacture, import or distribute products and to provide services Directive (EU) 2019/882, Recital 72, 17 April 2019.

In national law

A directive takes effect through national law. Two national acts show the exemption carried over in close to the directive's terms; other countries' acts are not covered here.

Germany's Accessibility Strengthening Act uses the same thresholds: fewer than ten employees and turnover or balance sheet of at most two million euros.

ein Unternehmen, das weniger als zehn Personen beschäftigt BFSG § 2 Nr. 17, 16 July 2021, as amended 6 May 2024.

It says the accessibility duty does not apply to microenterprises that offer or provide services.

Absatz 1 gilt nicht für Kleinstunternehmen, die Dienstleistungen anbieten oder erbringen. BFSG § 3(3), 16 July 2021, as amended 6 May 2024.

Ireland's regulations disapply the service requirements, and the related service provider obligations, to a service provided by a microenterprise.

Paragraph (3) and Regulation 14 shall not apply to a service provided by a microenterprise. S.I. No. 636/2023, Regulation 5(4), 12 December 2023.

Sources

Every source on this page was fetched and its quotation confirmed on 27 September 2026, today. That date is written by the script that checked, not by a person.

A directive binds member states, who write it into national law. The national act can name a different authority, set a different penalty, or add duties. The sources here are the directive and three national acts; yours may differ.

Nothing on this page is about a product. The record a business keeps of its own site is its own affair, and no tool makes a site meet a law.

This page describes the law as it is written in the sources cited. It is not legal advice, it does not cover every case, and national law can add to what a directive requires. It has not been reviewed by a lawyer.

This page describes what the system does, written by the people who built it. It has not been reviewed by a lawyer.