Accessibility: Commitments and opportunities for the private sector
2025: New legal obligations on accessibility of certain products and services enter into force
With the aim of strengthening inclusion and enabling all citizens to participate fully in society, the European Union has introduced new rules to improve the accessibility of a range of products and services for older people and people with disabilities.
Removing barriers in everyday life is not limited to physical barriers. Many products and services that have become an integral part of everyday life, such as cash machines, e-banking or online shopping, are still inaccessible to many people because of their design. Strengthening and harmonising requirements in this area across the EU would not only make life much easier for those affected, but would also be a great opportunity for businesses.
With an ageing population, the demand for accessible products and services is already high and will increase significantly in the coming years.
Legal framework in Luxembourg
The relevant EU legal framework is transposed into national law by the law of 8 March 2023 on accessibility requirements for products and services.
When the law comes into force on 28 June 2025, businesses will be required to comply with the new accessibility standards. To minimise the additional costs of compliance, accessibility should be considered in the early planning stages of a project. Also, given the time it will take to implement the required changes, accessibility should be considered now in any redesign.
What is the scope of the law?
Products (the hardware and the software that runs on it):
- Consumer hardware, such as computers, smartphones and tablets, and their operating systems
- Payment terminals, check-in terminals, ticketing machines - with the exception of those on board means of transport
- Internet-enabled televisions (smart TVs) or devices providing access to audiovisual services
- electronic reading devices
Services:
- Electronic communication services, such as telephone and Internet services
- Access to audiovisual media services (video on demand, playback, etc.)
- Pre-recorded time-shifted media (audio and/or video) accessible via the Internet or an application and not considered as archives.
- services related to the transport of persons by air, bus, train and ship (including their websites and mobile applications), unless there are legal exceptions
- e-banking, online payment and e-money platforms
- digital books
- electronic commerce
- the European emergency number 112 and other national emergency numbers.
According to the European Commission, 87 million people in the EU are affected. Making these services and devices available to all will make life easier for at least one in four adult Europeans.
Accessibility is good for business
Making accessibility a priority not only makes life easier for many people, but also has significant potential for business profitability:
- Accessibility barriers that separate you from your potential customers cost you money. By making your products, services and premises more accessible, you expand your customer base. This includes people with disabilities and the growing elderly population.
- Companies that lead the way in accessibility secure the market and stay ahead of the competition.
- Positioning yourself as an inclusive business with accessible products and services adds value to your corporate image.
- Accessible websites are easier for search engines to find.
- In the digital sector, the accessible company is better positioned internationally, as standards for digital accessibility are often higher abroad (e.g. USA, Canada).
Who will be affected?
- The private sector and certain public sector organisations are affected, particularly in the area of mobility.
- Micro-enterprises (with fewer than ten employees and an annual turnover of no more than €2,000,000 or an annual balance sheet total of no more than €2,000,000) are exempt from the obligation to comply with accessibility requirements. However, even these businesses will benefit from removing accessibility barriers as this will give them access to a wider customer base. OSAPS will provide companies with guidelines and tools to help them achieve better accessibility.
- During a transitional period until 28 June 2030, service providers will be able to continue to provide their services using products that they have lawfully used to provide similar services before that date.
- Finally, it will be possible to invoke disproportionate burden if the product or service needs to be substantially modified.
Surveillance authority for the accessibility of products and services (OSAPS)
The new Office de la surveillance de l'accessibilité des produits et services (OSAPS) will, among other things, act as a reference point for accessibility. OSAPS will provide companies with guidelines, tools and advice to help them improve the accessibility of their products and/or services.
In addition, any person can inform OSAPS of the non-compliance of a product or service.
Possible financial and penal sanctions
Luxembourg law provides for the possibility of prohibiting the marketing of a non-compliant product or service and lists administrative and criminal sanctions, the latter of which may amount to up to 500,000 euros and up to one million euros in the case of a repeat offence. The amount of the fine depends on the scope and gravity of the offence.