1 October 2025

Navigating The Irish Accessibility Regulations

Overview

The European Accessibility Act¹ (EAA) was transposed into Irish law by the European Union (Accessibility Requirements of Products and Services) Regulations 2023² (Irish Accessibility Regulations) and came into force on 28 June 2025. The EAA mandates that digital products and services be accessible to all users, including those with disabilities. While the EAA is a significant step toward digital inclusivity, it also introduces strict compliance obligations, potential penalties, and limited exemptions, all of which Irish businesses must now navigate.

Scope of Applicability

The Irish Accessibility Regulations apply to a broad spectrum of economic operators, including manufacturers, importers, distributors, and service providers. The scope also encompasses both products and services across a wide range of sectors including consumer banking services (e.g. ATMs), telecoms, e-commerce services, transport services, audiovisual media services, and consumer tech (e.g. smartphones, tablets, e-readers). Products already on the market before 28 June 2025 are exempt until 2030, except for self-service terminals, which may remain in use for up to 20 years.

Recent Developments

Microenterprises

The Competition and Consumer Protection Commission (CCPC) has recently published Microenterprise Guidelines on the European Accessibility Act as an aid for microenterprises (business employing fewer than 10 persons and having an annual turnover not exceeding EUR2 million or an annual balance sheet total not exceeding EUR2 million). These Guidelines set out the relevant parts of the Irish Accessibility Regulations in a clear and user-friendly manner to help microenterprises understand their obligations. Though microenterprises are exempt from certain obligations, they are still encouraged to comply where feasible and must be able to provide relevant documentation if relying on exemptions.

Code of Practice for Complaints Handling for Electronic Communications Services

Commission for Communications Regulation (ComReg) completed its review of consultation feedback and issued a Response to Consultation and Decision³ on 1 September 2025, which sets out the respondents' views, ComReg's position and basis for the minimum requirements for the Electronic Communications Services (ECS) providers when dealing with customer complaints and settling disputes. A six-month transition period, effective from 2 March 2026, has been set to allow ECS providers to implement these new rules, which aim to enhance clarity and transparency for consumers by setting defined timelines and information standards for complaint handling. Until then, the existing requirements set out in ComReg D04/17⁴ on providers will remain in force.

Accessibility Requirements for Products and Services

The Irish Accessibility Regulations set out the general accessibility requirements related to all products covered by the regulations. The goal of these requirements is to maximise a product's foreseeable use by persons with disabilities and shall be accompanied where possible in or on the product by accessible information on their functioning and on their accessibility features. Key features of the requirements include:

multi-sensory communication: information must be available via visual, auditory, and tactile channels;
perceivable content: text must be readable, high-contrast, and scalable; non-text content must have textual alternatives;
user interface design: products must support assistive technologies, allow for alternative inputs, and avoid triggering photosensitive seizures; and
support services: help desks and technical support must be accessible and provide information on compatibility with assistive devices.

Enforcement

Ireland has shared the EAA enforcement responsibilities across several regulators. The CCPC is the market surveillance authority for products, while in-scope services are regulated by sector-specific bodies including:

Services	Authority
In-scope electronic communications services	ComReg
Access to audiovisual media services	Coimisiún na Meán⁵
In-scope elements of air passenger transport services	Irish Aviation Authority
In-scope elements of bus, rail and water passenger transport services	National Transport Authority
Consumer banking services	Central Bank of Ireland
E-books and dedicated software and e-commerce services	CCPC

Penalties

Non-compliance with the EAA can result in fines, legal action and reputational damage.

The Irish Accessibility Regulations provide for the following penalties:

Summary conviction: Fine up to EUR5,000 (Class A fine) or up to 6 months’ imprisonment
Indictment: Fine up to EUR60,000 or up to 18 months’ imprisonment
Corporate liability: Both companies and their directors, managers, secretaries and other officers can be found guilty of an offence under the Regulations
Consumers can bring actions in the Circuit Court, and interest groups may support these claims. This opens the door to public interest litigation, as seen with GDPR enforcement.

Perspectives from other jurisdictions

United Kingdom

The EAA does not apply in the UK, however UK operators offering in-scope digital products or services to consumers in the EU will need to comply with the EAA and will need to take account of the implementing law in each jurisdiction in which it makes the products or services available.

There is potential for the more detailed accessibility requirements of the EAA to influence the UK's minimum standards and expectations around accessibility for UK service users, as it's unlikely that a company operating in both the UK and EU markets will want to maintain separate instances of products or services to comply with different standards.

Businesses operating within the UK market must comply with the Equality Act 2010. Digital accessibility falls within a wider anti-discrimination framework, we highlight:

a prohibition on the discrimination in the provision of services, which would include websites and digital services (section 29 );
service providers are to make 'reasonable adjustments' to ensure that disabled users can access their services (section 20). Service providers have to proactively consider what adjustments might be needed.

The Equality and Human Rights Commissions (EHRC) Statutory Code of Practice on discrimination in services, public functions, and associations, which provides guidance on the detail of the Equality Act, elaborates on what the 'reasonable adjustment' duty entails.

A key difference between the EU and UK regimes is enforcement. In the UK, enforcement of the Equality Act is primarily via civil claims in the courts; an individual that is affected has the right to challenge discrimination through the courts; it has been long said that this approach is no longer fit for purpose.

The EAA in other European jurisdictions

Our colleagues in Belgium, Italy and Germany have been interpreting the EAA, providing insightful analysis and practical guidance. Their work reflects the diversity of national approaches, the impact of the new rules across different sectors and the shared commitment to accessibility across borders, and you can read more about it here:

Final Thoughts

At its core, the EAA aims to improve the functioning of the EU internal market for accessible products and services by introducing common rules and removing barriers created by divergent rules in Member States. The new rules bring accessibility-related costs for economic operators. However, they also present an opportunity for proactive engagement and innovation. By positioning accessibility as a strategic advantage – enhancing user experience, broadening market reach, and fostering inclusivity – organisations can move beyond mere compliance and unlock long-term value.

Please reach out to our Litigation & Regulatory team if we can assist you in navigating your compliance journey with the Irish Accessibility Regulations or connect you with our international colleagues to support you with the EAA.

¹Directive - 2019/882 - EN - EUR-Lex
² S.I. No. 636/2023 - European Union (Accessibility Requirements of Products and Services) Regulations 2023
³ Electronic Communications Complaints Handling Code of Practice – Response to Consultation and Decision | Commission for Communications Regulation
⁴ Electronic Communications Complaints Handling Code of Practice – Response to Consultation and Decision | Commission for Communications Regulation
⁵ Ireland's media regulator