Accessibility StatementThe European Accessibility Act (Directive 2019/882) has applied since 28 June 2025. Its scope is wide, but it contains an explicit exemption that many compliance discussions omit.
Who is a microenterprise under the EAA?
The EAA adopts the EU definition: an enterprise with fewer than 10 employees and an annual turnover or balance sheet total that does not exceed €2 million. Both conditions must be satisfied at the same time. Failing either one removes the exemption entirely. A company with 9 employees and €2.3 million in turnover does not qualify — the revenue threshold is breached.
The exemption applies to services, not to products
This is the distinction that changes the analysis. A microenterprise providing a covered service — e-commerce, banking, e-books, electronic communications, passenger transport booking, audiovisual access — is exempt from the EAA requirements that apply to that service. A microenterprise that manufactures or sells a covered product into the EU is not exempt from the product requirements. It is only exempt from the administrative obligation to carry out and document a disproportionate-burden assessment.
Three scenarios illustrate the difference:
- 8 employees, €1.4 million turnover, service provider: exempt from EAA service requirements. No statement, no EN 301 549 test required under the EAA.
- 6 employees, physical product sold into the EU: not exempt from product requirements. Must comply; avoids only the disproportionate-burden paperwork.
- 9 employees, €2.3 million turnover: the €2 million ceiling is exceeded. Exemption does not apply regardless of headcount.
How to count employees and turnover
The employee count covers the headcount of the enterprise, not full-time equivalents alone. Turnover is the annual figure. For linked or partner enterprises under EU recommendation 2003/361/EC, the figures of related entities may need to be aggregated — a company that is part of a larger group cannot rely on its own figures alone.
Where the exemption stops at the border
The exemption is European. It has no equivalent in Ontario or the United Kingdom. A nine-person service company selling into Toronto is not exempt under the Accessibility for Ontarians with Disabilities Act (AODA): Ontario has no size exemption. The same company selling into the UK has no size threshold to rely on under the Equality Act 2010. The EAA microenterprise exemption applies only to obligations arising from Directive 2019/882 itself.
If a business is a microenterprise providing services exclusively within the EU and passes both tests, the EAA imposes no accessibility statement or conformance obligation. That is the law as written. If the same business also operates in Ontario or the UK, separate obligations apply in those jurisdictions regardless of size.
Key points
- The EAA microenterprise exemption requires both conditions together: fewer than 10 employees and annual turnover under €2 million.
- The exemption covers service providers only; microenterprises selling products into the EU must still meet the product accessibility requirements.
- The EAA has applied since 28 June 2025; companies that passed both thresholds on that date were exempt from day one.
- The exemption is specific to Directive 2019/882 and does not transfer to Ontario (AODA) or the UK (Equality Act 2010), which have no equivalent size thresholds.
- Companies that are part of a larger group may need to aggregate employee and turnover figures with linked or partner enterprises before applying the threshold test.
Frequently asked questions
Does the EAA microenterprise exemption apply automatically?
Yes, if both thresholds are met — fewer than 10 employees and annual turnover or balance sheet total under €2 million — the exemption applies by operation of Directive 2019/882. No application or registration is required, but the company should document that it meets both criteria in case of an inspection.
My company has 8 employees but €2.5 million in turnover. Are we exempt?
No. The EAA requires both tests to be passed simultaneously. Exceeding the €2 million turnover threshold removes the exemption entirely, regardless of headcount.
We sell software-as-a-service to EU consumers and have 7 employees and €1.8 million in revenue. Do we need an EAA accessibility statement?
If your company qualifies as a microenterprise under EU Recommendation 2003/361/EC — fewer than 10 employees and turnover under €2 million — the EAA service requirements do not apply to you. You are not required to produce an Annex V accessibility statement under the EAA.
Does the EAA microenterprise exemption apply to companies outside the EU?
The exemption is defined in terms of enterprise size, not location. A non-EU company offering a covered service to EU consumers may rely on the exemption if it meets both thresholds. However, the determination of which entities count as linked or partner enterprises follows EU Recommendation 2003/361/EC, which a non-EU parent structure may complicate.
We are exempt from the EAA. Do we still need to comply with AODA or UK rules?
Yes. The EAA microenterprise exemption has no effect on obligations under the Accessibility for Ontarians with Disabilities Act (AODA) or the UK Equality Act 2010. Ontario has no size exemption; the UK has no size threshold. A company exempt in Europe may still have obligations in both other jurisdictions.
