Disproportionate Burden: When Accessibility Might Cost Too Much

Sometimes making products accessible can be very expensive for businesses. "Disproportionate burden" is when a business can be excused from some accessibility requirements because the costs would be too high compared to the benefits.

The European Accessibility Act includes a way to fairly assess when costs are truly too high, based on facts rather than assumptions.

Businesses must use these criteria when assessing disproportionate burden:

1. Ratio of Net Costs to Overall Costs.

Businesses must compare the cost of making things accessible to their total business costs. These costs include:

• One-time costs to redesign products or services to be accessible.
• Ongoing costs to maintain accessibility features.
• Costs for training staff about accessibility.
• Costs for testing with people who have disabilities.

These costs should be compared to the total cost of making and selling the product.

2. Estimated Costs and Benefits for the Business.

The assessment must include what the business will spend and gain. It should consider benefits for people with disabilities, including:

• How often people use the product or service.
• How many people with disabilities would benefit.
• How much more money the business might make from being accessible.
• How long the product or service will last.

3. Comparing Net Costs with Organization Size.

The assessment must compare the costs of meeting accessibility requirements with:

• For Very Small Businesses: The total resources of the business, making sure costs won't put them out of business.
• For Larger Businesses: The percentage of money spent on accessibility compared to their total sales.

When claiming disproportionate burden, businesses must keep detailed records. These records should include:

• Detailed Cost Breakdown: A list of all expected costs for making each accessibility feature that might be too expensive.
• Benefit Analysis: An assessment of how people with disabilities would benefit, with numbers when possible.
• Alternatives Considered: Notes about partial solutions that were considered and why they were still too expensive.
• Financial Information: Money details that show why the costs are too high for the size of the business.
• Expert Input: Any opinions from experts or feedback from stakeholders.

Businesses must keep these records for at least five years after they stop selling the product or providing the service.

Businesses must review their disproportionate burden assessment in these situations:

• When they change a service.
• When they change or redesign a product.
• When requested by an authority.
• At least every five years.

They need to check if anything has changed that might affect their previous decision. Changes might include:

• Lower costs due to new technology.
• New tools that make accessibility easier.
• Changes in the business's financial situation.
• Changes to the product that might affect accessibility.
• Changes in what users need and expect regarding accessibility.

When assessing disproportionate burden, businesses should follow these principles:

• Check Each Requirement Separately: Look at each accessibility requirement individually, not all at once.
• Use Real Evidence: Base decisions on facts, not guesses about costs or benefits.
• Seek Limited Exemptions: Try to make as many accessibility features as possible, asking for exemptions only when truly needed.
• Consider Alternatives: Think about partial solutions or different approaches that might cost less.
• Get Expert Input: Talk to accessibility experts and disability organizations when possible.
• Think About the Future: Consider new technology that might make accessibility cheaper over time.
• Be Open: Be ready to explain your decisions to stakeholders and authorities.

Businesses can follow these steps to assess disproportionate burden:

1. Find Required Accessibility Features: Determine which accessibility requirements apply to your product or service.
2. List Implementation Options: For each requirement, identify ways to make your product or service meet the requirement.
3. Calculate Costs: Figure out one-time and ongoing costs for each accessibility requirement, including:
   • Design and development costs.
   • Testing costs.
   • Staff training.
   • Documentation updates.
   • Ongoing maintenance.
4. Calculate Benefits: Figure out the benefits of each requirement, including:
   • Potential new customers.
   • Better experience for all users.
   • Competitive advantages.
   • Lower legal risk.
   • Better company reputation.
5. Find Net Burden: Compare costs against benefits and your company's resources.
6. Look for Alternatives: For requirements that cost too much, try to find cheaper approaches.
7. Document Everything: Keep detailed records of your process, findings, and reasons.
8. Plan Future Checks: Set a schedule to review your assessment regularly.

This step-by-step approach helps ensure a thorough assessment that meets legal requirements while maximizing accessibility within your budget.

While businesses can claim disproportionate burden, there are important limits:

• Not Automatic: The exemption is not given automatically. Businesses must prove their case with documentation.
• Will Be Checked: Authorities can ask for and review the assessment documentation.
• Not Permanent: The decision is temporary and must be checked again periodically.
• Not for EU-Funded Projects: Products or services funded by EU programs must be accessible regardless of cost.
• Can't Skip Essential Features: Businesses cannot use cost as a reason to avoid accessibility features that are basic to the product's function.
• Public Scrutiny: Businesses using this exemption should be prepared for questions from the public and market pressure.

These limits ensure that the disproportionate burden exemption is used properly and doesn't undermine the main goals of the EAA.

The disproportionate burden provision works together with other parts of the EAA:

• Accessibility Requirements: The assessment evaluates if implementing specific accessibility requirements is affordable.
• Implementation Examples: The examples in other sections help businesses understand potential approaches and costs when doing their assessment.
• Conformity Assessment for Products: Products with a disproportionate burden exemption still need assessment for any accessibility requirements they are implementing.
• Assessment Criteria: Provide detailed criteria for assessing costs.

Understanding these connections helps businesses do thorough assessments that consider all relevant parts of the EAA.

The criteria for assessing disproportionate burden come from the European Accessibility Act, specifically from Article 14 and its supporting documentation.

For the full legal text and specific criteria, please see the official Directive (EU) 2019/882 (opens in new window)Directive (EU) 2019/882.