Industry obligations

Key principles of accessibility

Access, understand and use

Access, understand and use is about how people generally interact with a product or service: first, they access it (approach and perceive); secondly, they understand it (comprehend and decide); and thirdly, they use it (act or react).

Universal design

Universal Design is an approach to promoting accessibility and usability in products and services. Universally designing means designing so that your product or service can be accessed, understood, and used:

1. to the greatest possible extent
2. in the most independent and natural manner possible
3. in the widest possible range of situations
4. without the need for adaption, modification, assistive devices, or specialised solutions

Perceivable, operable, understandable and robust (POUR)

Accessibility in information and communication technology (ICT) is understood as the extent to which an ICT product or service is perceivable, operable, understandable and robust.  These are known as the POUR principles.

• Perceivable – content is presented in ways that can be perceived by all
• Operable – user interface components and navigation must be operable
• Understandable – information and the operation of the user interface must be understandable
• Robust – content is reliable and compatible with assistive technologies and standards

Accessibility requirements and preparing for compliance

The accessibility requirements outline what economic operators must do to comply with the EAA, but they do not specify how a service must do this. This allows for innovation in how economic operators design products and services, without prescribing how conformity may be achieved.

Although detailed guidance will continue to evolve, providers can begin preparing by:

• Assessing current accessibility features of their services
• Conducting a gap analysis against function performance criteria
• Consulting existing standards such as:
  • EN 301 549 (ICT Accessibility Standard)
  • EN 17161 (design for all approach)
  • WCAG 2.1 where applicable for web-based interfaces
• Involving users with disabilities in the testing and design process
• Ensuring internal teams are trained on accessibility principles and requirements

Further clarity will be provided once the European Commission completes the harmonised standards process.

Some of the key accessibility requirements that must be considered include:

• Provision of alternative modes of interactions: making information available via more than one sensory channel
• Text alternatives for non-text content: supplementing any non-textual content with an alternative presentation of that content
• Subtitling, audio description and sign language interpretation
• Clear and understandable information: Information provided through the interface must be clear, concise, and written in plain language. Supplementary visual or auditory cues may also be necessary.
• Adjustable visual display features
• Compatibility with assistive technologies: services must be designed to work with commonly used assistive technologies
• Accessible support services: where available, support services (help desks, call centres, technical support, relay services and training services) providing information on the accessibility of the service and its compatibility with assistive technologies, in accessible modes of communication

The legislation outlines additional accessibility requirements that services providing access to audiovisual media services must:

• provide electronic programme guides (EPGs) which are perceivable, operable, understandable and robust and provide information about the availability of accessibility
• ensure that the accessibility components (access services) of the audiovisual media services such as subtitles for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation are fully transmitted with adequate quality for accurate display, and synchronised with sound and video, while allowing for user control of their display and use

These requirements are aligned with the principles laid out in Annex 1of the EAA and are further detailed in Part 3 and Schedule 1 of S.I. No. 636/2023. Implementing them will help ensure that users with varying needs can effectively access and engage with AVMS platforms.

Where specific accessibility requirements outlined in Schedule 1 of S.I. No.636/2023 do not fully address a given function or feature, economic operators must apply the Functional Performance Criteria outlined in Schedule 1 of S.I. 636/2023, which ensure broader accessibility through alternative modes of operation.

Steps towards compliance

Economic operators should begin preparing for compliance by undertaking a structured readiness assessment. The following actions are suggested:

1. Internal review: Conduct a thorough audit of existing services and interfaces to identify current accessibility features and gaps.
2. Gap analysis: Compare current capabilities against the functional requirements of the legislation and applicable standards such as EN 301 549.
3. User involvement: Involve persons with disabilities in product testing and development to ensure real-world usability.
4. Capacity building: Providing training and resources to internal teams to build awareness and skills around accessibility where appropriate.
5. Documentation: Develop and maintain technical documentation, including accessibility testing reports and implementation timelines.
6. Ongoing evaluation: establish processes for regular review and improvement of accessibility measures.

Exemptions

The EAA includes two key categories of exemptions that may apply to certain providers:

• Microenterprises, defined as businesses with fewer than 10 employees and an annual turnover not exceeding €2 million, are exempt from service-related obligations. However, microenterprises are encouraged to adopt accessibility best practice where feasible.  
• Disproportionate burden or fundamental alteration:
  • Economic operators may apply for exemption from specific obligations if implementing accessibility measures would place a disproportionate financial or technical burden, or would fundamentally alter the nature of the service
  • Any exemption claim must be objectively justified and documented
  • Regulators may request evidence or reject claims that are inadequately supported

Fundamental Alteration: Fundamental alteration is a significant change that results in the fundamental alteration of the basic nature of a product or service.

Disproportionate burden: In the context of the EAA, disproportionate burden compares the burden of applying an accessibility requirement with the benefit of applying an accessibility requirement. However, anyone applying disproportionate burden must weigh the cost to the user if the accessibility feature is not present. The cost to the user must then be balanced against the cost (and benefits) of implementing an accessibility requirement to the economic operator. If after taking account of all these considerations, the burden of applying an accessibility requirement disproportionately outweighs the potential benefits, the economic operator is exempt from that requirement.

Some key features of disproportionate burden economic operators should be aware of:

• Disproportionate burden must be assessed in the application of each accessibility requirement. This means, economic operators must weigh each requirement independently, one by one, and determine the cost and benefit of each individual requirement you will claim disproportionate burden for, before you claim it.
• Disproportionate burden refers to measures that would impose an excessive organisational or finance burden on the economic operator, taking into account the likely benefit to persons with disabilities.
• Economic operators cannot rely on disproportionate burden if they are in receipt of funding to improve accessibility.

Economic operators who believe exemption provision may apply to their service should proactively engage with Coimisiún na Meán and provide any assessment that are required under legislation. Please contact us at: [email protected]