Accessibility Directive – digital services, new requirements from June 28, 2025
23 February 2024
Accessibility Directive – digital services, new requirements from June 28, 2025.
For the vast majority of private companies, your website, e-commerce or web service will have to meet a number of requirements by June 28, 2025 that previously only applied to authorities. That is when we will get a new law in Sweden based on the Accessibility Directive, which is about making electronic services accessible to everyone. The law is based on The European Accessibility Act, EAA, and means that companies need to ensure that websites, products and services are usable for everyone. Lack of compliance can lead to fines and products being removed from the market.
Approximately 20% of Sweden’s population lives with a physical, mental or intellectual disability. If we include temporary and situational impairments, the figure is even higher. In order for your service to be inclusive and not exclude anyone, it needs to be adapted for people with, for example, impaired vision, hearing, motor skills and concentration.
The Accessibility Directive applies in principle to all companies in the private sector. There are exceptions and these are companies that are referred to as micro-enterprises. A micro-enterprise is a company with fewer than 10 employees and a turnover of less than EUR 2 million. This distinction is made because the effort for these companies is too large in proportion to the size of the companies.
There are a few more exceptions and it depends on the type of service and the size of the effort that the measure requires. For example, map services are not covered as these are considered difficult to adapt to accessibility as they are based on being able to see what you are interacting with. Older content and archived material can also be considered to fall outside the legal requirement. In terms of effort, the work to adapt the product or service to accessibility must not be too much of a benefit for the benefit it would entail, or require too fundamental changes. This is a grey area, there is no right or wrong, but a case-by-case assessment is required.
If you do not adapt your service or product to accessibility, and the shortcomings are considered too great in relation to legal requirements, there may be penalty fees. However, it should be said that you will first receive warnings requesting you to adapt your service or product. If you, despite these warnings, do not take any corrective action, the penalty fees in Sweden range from SEK 10,000 up to SEK 10,000,000 depending on the size of your company and your target group. The Swedish Post and Telecom Agency (PTS) is the coordinating authority with the mission of ensuring compliance with the Accessibility Directive.
In addition to the above, it should also be borne in mind that, as mentioned, there are approximately 20% of the population who are potentially excluded and cannot use your product or service, and this can ultimately affect both your brand and the ability of your company to achieve its full potential.
It is important not to fall into the feeling that there is a long way to go until June 28, 2025. Keep in mind that this is the latest date for implementation. If you have any concerns about how this will affect you, we have the resources you need.