Who counts as a microenterprise
Directive (EU) 2019/882, the European Accessibility Act, defines a microenterprise in Article 3(23) as an enterprise that
- employs fewer than 10 persons, and
- has an annual turnover or an annual balance sheet total not exceeding EUR 2 million.
Both parts must apply. With ten or more people you are not a microenterprise, however small your turnover. National laws use the same definition; in Germany it is section 2 no. 17 of the BFSG.
The exemption covers services, not products
Article 4(5) of the directive says that microenterprises providing services are exempt from the accessibility requirements and from any obligations relating to compliance with them.
The service most small businesses run is e-commerce: selling to consumers through a website or app. Other covered services include consumer banking, e-books and electronic communications. The full list is on our law page.
There is no such exemption for products. A microenterprise that makes, imports or sells covered products, such as e-readers or payment terminals, must meet the requirements. The relief for product businesses is about paperwork only (see below).
Only offers to consumers are covered
The act protects consumers: natural persons buying or receiving a product or service for purposes outside their trade, business, craft or profession. An offer aimed solely at business customers falls outside the service obligations. If you sell to both, the consumer side counts.
A purely informational website with no way to conclude a contract is generally not an e-commerce service. Borderline cases depend on national law and the facts, so have them checked individually.
Relief for microenterprises with products
Any economic operator may rely on two exceptions: a fundamental alteration of the product, or a disproportionate burden. Each operator has to assess this itself.
Under Article 14(4), microenterprises dealing with products are exempt from documenting that assessment. If a market surveillance authority asks, they must still provide the facts relevant to it. In Germany, sections 16 and 17 BFSG also spare them the duty to notify the authority on their own initiative.
Deadlines, enforcement and penalties
Member states apply their national rules from 28 June 2025 (Article 31(2)). Article 32 allows limited transitional periods:
- Service providers may keep using products they lawfully used before that date until 28 June 2030.
- Self-service terminals already in use may stay in service until the end of their economic life, for no more than 20 years; Germany chose a maximum of 15 years.
There is no general transitional period for websites or online shops. Each country names its own enforcement authorities and sets its own penalties. In Germany, for example, offering a non-compliant service can lead to a fine of up to EUR 100,000. Our law page lists the national laws and authorities.
Why accessibility still pays off
- Growth: with a tenth employee or turnover above the threshold, the exemption may no longer apply. An accessible shop then needs no rush rebuild.
- Customers: people who use a screen reader, a keyboard or magnification buy where they can finish on their own.
- Business partners: public buyers have to consider accessibility in their technical specifications (see our guide to public tenders).
- Start small: labelled form fields (forms guide), good contrast (colour and contrast guide) and full keyboard access fix many barriers.
How to proceed
- Check headcount, turnover and balance sheet against the definition.
- Work out whether you provide services, products or both, and whether consumers are among your customers. Our EAA check gives a first estimate.
- Write your assessment down, even where the law does not require it for services.
- Review it regularly, at least when your business changes.
- Have borderline cases checked by a lawyer in the country concerned. This page is information, not legal advice.
Checklist
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Related WCAG criteria
Tools and patterns for this
- Am I affected?EAA check in five questions
- EAA & national lawsDuties, deadlines, enforcement
- Free checkTest your home page automatically in two minutes
- The accessibility statement: complete, honest and easy to findService providers and public sector bodies have to say how accessible their offer is. Here is what each set of rules requires and how to write a statement that actually helps people.
Frequently asked questions
We have eight staff and sell to consumers online. Do we have to act?
If your turnover or balance sheet total is also no more than EUR 2 million, the service exemption in Article 4(5) applies under the national law that transposes it. Check the conditions regularly and have doubtful cases reviewed.
Does the exemption apply if we sell products?
No. Microenterprises dealing with products must meet the requirements. They only need not document an assessment of fundamental alteration or disproportionate burden, but must provide the facts if the authority asks.
Is the threshold the same in every EU country?
The directive sets the definition and national laws follow it. Penalties, authorities and details differ from country to country; see the table on our law page.
Sources
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