How to use EN 301 549 for the conformity assessment of the EU Accessibility Act

EN 301 549, as a recommended reference standard for the EU Accessibility Act, provides comprehensive guidance for the accessibility design of information and communication technology (ICT) products, covering ten categories including universality, functionality, software, hardware, etc., with over 60 pages of instructions to ensure that all users can use these devices equally.

Taking smartphones as an example, some requirements include:

In terms of universality, it covers accessibility standards in multiple aspects such as closed functions, biometric recognition, key repetition, and switching controls. For example, when smartphones have closed functions, non visual access methods such as voice output, tactile feedback, etc. should be provided. Biometric identification should not be the only way of identity verification or control. In addition, when locking or switching controls, non visual means should be provided to identify the control state.

In terms of functionality, the standard specifies corresponding functions for different users' special needs, such as complete blindness, limited vision, color blindness, limited hearing, limited speech ability, etc., to ensure that they can use smartphones. For example, fully blind users require voice control or tactile feedback, visually limited users require magnification and contrast adjustment, color blind users require non color coding, auditory limited users require sound enhancement or alternative prompts, and voice limited users require non voice input methods.

In terms of software and hardware, the standard requires smartphones to provide standard connections, such as USB or Bluetooth, to support assistive technologies. In the operable component section, alternative operating methods such as tactile feedback should be provided to assist users with restricted operation. In addition, the software, web browsers, and non web documents built into smartphones need to be compatible with the WCAG 2.1 Accessibility Guidelines Level AA standard.

Compliance declaration

The EU Accessibility Act stipulates that manufacturers must proactively declare compliance, importers and distributors also need to provide necessary information and documents to prove that the product meets accessibility requirements, and then the market supervision department and compliance department of each EU member state will conduct supervision and inspection. Consumers can also report according to relevant laws and regulations in their country, and even file a lawsuit with the court.

Taking smartphone manufacturers as an example, some of the requirements for declaring compliance include:

Prepare technical documents: By establishing technical documents, provide a detailed description of the design, manufacturing, and testing processes of smartphones, as well as a description of the technical solutions adopted to achieve accessibility requirements.

Develop an EU Declaration of Conformity: Develop an EU Declaration of Conformity for each smartphone model, stating that the model complies with the accessibility requirements stipulated in the EU Accessibility Act. The declaration should include product identification information, manufacturer name, address, and the basis for conformity assessment.

Reflect CE label: The CE label must be clearly affixed to each smartphone to indicate that the product complies with all relevant EU regulations, including accessibility requirements of the EU Accessibility Act.

Punishment requirements

Any product that does not comply with the regulations of the law will face varying degrees of punishment in different countries, and in serious cases, may face huge fines or sales bans. Some EU countries have established corresponding enforcement mechanisms and punitive measures, such as:

Germany: Fines for non-compliance can reach up to 500000 euros, making it one of the countries with the highest penalty thresholds. Companies that fail to meet accessibility standards may also face service suspensions.

France: Non compliant companies may be fined between 5000 and 250000 euros. In addition, the French authorities reserve the right to publicly expose companies that do not comply with accessibility standards, which may seriously damage the company's brand reputation.

Spain: Fines range from 5000 euros to an astonishing 300000 euros. In addition to financial penalties, the company may need to take corrective measures and face the risk of public exposure.

Italy: Penalties for non compliant organizations may reach up to 5% of turnover or fines ranging from 5000 to 40000 euros.

Finland: Fines may reach up to 150000 euros, and companies may also be required to undergo mandatory accessibility audits.

Belgium: Fines range from 1000 to 50000 euros, and continued non-compliance may result in business suspension.

Sweden: Fines can reach up to 200000 euros, and corrective measures may need to be taken if necessary.

Ireland: Serious non-compliance can result in fines of up to 60000 euros and/or imprisonment for up to 18 months.

How can enterprises respond

Complying with the EU Accessibility Act not only helps overseas companies avoid potential legal risks and financial penalties, but also enhances their competitiveness in the EU market, improves their brand image, and expands their customer base. The following are measures that companies can take in advance to achieve compliance with the EU Accessibility Act:

Understanding compliance requirements: Enterprises first need to clarify whether their products sold or services provided within the European Union fall within the scope of the EU Accessibility Act, and fully understand the compliance requirements of the EU Accessibility Act and the corresponding laws and regulations in the regions where they conduct business in the EU, in order to ensure comprehensive compliance. After clarifying compliance requirements, companies need to establish a continuous monitoring mechanism to quickly respond to updates in accessibility standards and specific EU member state regulations.

Accessibility assessment: Based on this, conduct accessibility assessments that meet EAA requirements for its products and services. In terms of specific compliance requirements, the V3.2.1 version of EN 301 549 serves as a recommended reference standard for the EU Accessibility Act, providing comprehensive guidance for the accessibility design of information and communication technology (ICT) products. In addition, the V3.2.1 version of EN 301 549 partially references the Web Content Accessibility Guidelines (WCAG) 2.1 version, which is currently the mainstream international accessibility standard and provides a clear direction for improvement for businesses.

Developing a compliance roadmap: Enterprises can create a feasible compliance plan based on accessibility assessments, prioritize key issues that have a significant impact on user experience, and set clear timelines and responsibility assignments to strive for compliance requirements. In addition, it is necessary to maintain regular accessibility testing and updates for the product to ensure timely detection and repair of accessibility issues during product version updates.

Publish an accessibility statement: Enterprises should publish an accessibility statement to demonstrate their commitment to accessibility. Currently, the EU Accessibility Act does not have mandatory requirements for the content of the "accessibility conformity assessment" involved in the development of EU compliance statements. Among the many options for "accessibility conformity assessment", the Voluntary Product Accessibility Template (VPAT) is widely used as a tool to reflect whether a product meets the accessibility requirements set by EU standards or laws such as EN 301 549.