Accessibility Act

New requirements for the availability of products and services in e-commerce

The Act on Ensuring that Businesses Meet Accessibility Requirements for Certain Products and Services will come into effect in Poland on June 28, 2025. This implements Directive (EU) 2019/882 of the European Parliament and of the Council (known as the European Accessibility Act), which imposes new accessibility obligations on businesses, including online stores and marketplaces.

What is accessibility in e-commerce?

Accessibility in e-commerce means adapting websites, mobile applications, and the products and services offered to the needs of all users, including people with disabilities and the elderly. The goal of these regulations is to eliminate digital and technological barriers and ensure equal opportunities for all consumers.

E-commerce accessibility requirements include:

1. User interface accessibility

Every online store and marketplace must provide functionalities that enable use by people with sensory and motor disabilities. In particular, this means:

  • keyboard operation – all page elements must be accessible without using a mouse,
  • clear navigation and intuitive interface – logical arrangement of elements and clear messages helping users navigate,
  • avoiding flashing elements – limiting the use of dynamic animations that may cause discomfort or epileptic seizures.

2. Availability of content and product information

  • Content readability – all information on the website, including product descriptions, user manuals and sales terms, must be easily readable, have adequate contrast and be accessible to screen readers.
  • Alternative content formats – introducing audio versions and/or simplified texts so that blind, visually impaired or reading impaired people can obtain information more easily.
  • Alternative text for images – All important graphics and photos must include alternative text (alt text) so that people using screen readers can understand their content.

3. Compatibility with assistive technologies

  • websites and applications must be compatible with screen readers.

4. Operation using assistive technologies – e.g. voice control, operation using eye-tracking devices.

5. Forms and interactive elements

  • forms (e.g. registration, purchase, payment) must be easy to complete and contain clear instructions.
  • Errors in forms should be clearly communicated and correct fields marked.

6. Payments and transaction security

  • Payment systems must be easy to use and compatible with assistive technologies.
  • Authorization methods must take into account the needs of people with disabilities (e.g. alternative authentication methods instead of CAPTCHA codes).

7. Availability of mobile applications

  • E-commerce applications must meet the same requirements as websites in terms of readability, navigation and interaction.
  • Operation should be possible using voice and touch gestures (for people with limited motor skills).

8. Customer Service and Support

  • Online stores must provide various forms of contact using more than one sensory channel.

Importantly, according to the European Accessibility Act, all websites must meet the WCAG 2.1 standard (Web Content Accessibility Guidelines), at level AA, however, since October 5, 2023, the WCAG 2.2 standard has been in force – although it is not yet required by the European Accessibility Act, it seems inevitable that websites will also be adapted to the WCAG 2.2 standards in the near future.

Consequences of failure to comply with the requirements

Entities that fail to adapt their online stores to the new requirements may be subject to regulatory proceedings and, consequently, financial sanctions. The Act also provides for the possibility of consumers filing complaints with supervisory authorities.

Benefits of adapting your online store to accessibility requirements

Adapting your online store to new accessibility requirements not only meets legal obligations but also brings tangible business benefits:

✔ larger customer base – people with disabilities constitute a significant consumer group, and digital accessibility allows you to reach them, increasing potential sales;

✔ increasing competitiveness – companies that offer accessible and user-friendly solutions gain an advantage over their competitors and build a positive image;

✔ better positioning in search engines – adapting content to accessibility rules (e.g. appropriate image descriptions, heading structure) increases the website's visibility in search results;

✔ avoiding sanctions – non-compliance with access requirements may result in administrative penalties, consumer complaints and the need to make costly changes under time pressure;

✔ Increased customer loyalty – users value websites that are intuitive and easy to use for everyone, which translates into a better shopping experience and a greater willingness to return.

Who does the new obligations of the European Accessibility Act apply to?

The new regulations apply to all online stores and marketplaces, but there are some exceptions. The following are exempt from the new obligations:

  • micro-entrepreneurs – i.e. companies employing fewer than 10 employees and achieving an annual turnover of less than EUR 2 million.
  • companies for which adaptation would be disproportionately expensive – the final decision on this matter depends on an individual analysis and justification that implementing the requirements would constitute an excessive financial burden.

Penalties for failure to meet accessibility requirements

Failure to comply with the new regulations may result in significant financial penalties. Fines are imposed by the President of the Management Board of PFRON (State Fund for the Rehabilitation of Disabled Persons) or the relevant market surveillance authority. These penalties can amount to up to ten times the average monthly salary, but not more than 10% of the company's annual turnover.

Does availability also include products and services offered by my store?

The obligation to inform customers about compliance with accessibility requirements applies only to products and services for which the manufacturer, importer, or other obligated entity has provided appropriate data. This means that if a seller receives information about a product's availability, they must pass it on to the consumer.

How to adapt your online store to new requirements?

To meet the requirements of the European Accessibility Act, it's worth starting adaptation measures now. In particular, you should:

Adapt the website to the WCAG 2.2 standard – including adding alternative descriptions to graphics, ensuring full keyboard navigation, and using sufficient color contrast.

Optimize product descriptions – ensure their readability and compatibility with screen readers and other assistive technologies.

Provide various content formats – e.g., the ability to listen to text using a speech synthesizer, as well as the availability of subtitles and transcripts for multimedia materials.

Check technological compatibility – ensure that the website and its elements work with assistive tools such as screen readers or alternative input methods.

Adapting your online store to digital accessibility requirements will not only be a legal obligation, but also an opportunity to increase sales and improve user experience.

New accessibility requirements are not only a legal obligation but also an opportunity to reach a wider customer base and increase the competitiveness of your online store. A properly adapted e-commerce website ensures a better user experience, improves sales results, and protects against potential penalties.

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