Exceptions: when can accessibility requirements be waived?

The European Accessibility Act (EAA), which comes into force on 28 June 2025, will oblige many businesses to ensure that their digital products and services are accessible to all users, including people with disabilities. However, there are some exemptions and non-compliance is subject to fines.

You can read more about the European Accessibility Act (EAA) in this article - "European Accessibility Act (EEA): why it's important for your business to be ready by 28 June 2025".

1. Undue burden

A business may be exempted from certain requirements if it can demonstrate that:

• Would impose disproportionate costs in relation to the benefits;

• It would undermine the economic viability of the business, particularly for small or medium-sized enterprises;

• Would be technically or legally impossible.

In this case, the business must have a documented justification (e.g. an analysis of why accessibility solutions are too costly or technologically infeasible).

2. Exemption for micro-enterprises

According to the Directive, micro-enterprises (with fewer than 10 employees and an annual turnover of up to €2 million) can be exempted from the accessibility requirements if:

• They develop software, mobile apps or other digital services;

• A Member State (e.g. Lithuania) chooses to apply this exemption.

  
  

⚠ However, some countries may opt out of this exemption when implementing the EEA at national level, so local legislation must be monitored.

3. Legacy content

The EAA does not apply to digital content that:

• Published before 28 June 2025;

• No longer maintained or updated, i.e. archived or inactive content.

However, if such a website or system is still in active use, it may still be subject to accessibility checks.m. birželio 28 d.;

4. Third party content

If a website or system contains embedded third-party content that is not under the control of the business (e.g. some social plug-ins, external advertising), it may be exempt if it cannot be made available without the third party's own interference.

Fines in Lithuania: what you need to know?

According to the Law on Accessibility Requirements for Products and Services of the Republic of Lithuania, which implements the EEA, from 28 June 2025, the following administrative fines may be imposed on businesses that fail to comply with the accessibility requirements:

• From €2,500 to €15,000 for non-compliance.

These fines can be imposed for:

• Failure to make digital services such as websites or mobile apps accessible to people with disabilities;

• Inaccessibility of e-commerce platforms, banking services or other digital products;

• Unjustified refusal to implement accessibility requirements in the absence of objective reasons or documented justification.

It is important to note that the amount of the fine may depend on the scale, duration and other circumstances of the infringement. In addition, businesses may be subject to other sanctions, such as obligations to remedy infringements or even operating restrictions.

Recommendations for business

Conduct an accessibility audit of your digital services;

Develop an accessibility statement and make it publicly available;

Train employees on the importance and requirements of accessibility;

Continuously monitor and improve your services to meet changing standards and user needs.

Gilės projektai adhere to accessibility principles

Gilės Projektai take digital accessibility seriously and already apply the principles of the European Accessibility Act (EEA) to the websites they develop. Following the WCAG 2.1 AA standard, we aim to make every website we develop accessible to the widest possible range of users - regardless of their physical or technical ability.

More information about our commitment to accessibility can be found here:

🔗 www.gilesprojektai.lt/prieinamumas

---

Article author Saulė Grigienė, Gilės Projektai, Wix Partner