Fundamental Alteration.

Sometimes making a product or service accessible might completely change what it is. The European Accessibility Act (EAA) calls this a "fundamental alteration."

The law says you need to make things accessible unless doing so would "change the basic nature" of your product or service.

This rule recognizes that sometimes adding accessibility features might turn your product into something completely different. When this happens, you might not have to follow certain accessibility requirements.

The law doesn't give an exact definition of "fundamental alteration." But we can understand it like this:

• It's a change that would turn your product into something else entirely.
• It affects what your product is at its core - not just how it looks or works in small ways.
• It would change the main purpose or identity of your product.
• It's not just a big change - it's a change that makes your product become something different.

Unlike "disproportionate burden" (which is about costs), fundamental alteration is about keeping your product's identity intact.

To figure out if an accessibility requirement would cause a fundamental alteration, ask these questions:

Core Purpose and Functionality.

• Would this change what your product mainly does?
• Would it change how the most important features work?
• Would users still recognize it as the same product?

Who It's For and How It's Used.

• Would the changes make it for a completely different group of people?
• Would it change how most people use your product?
• Would special features that define your product be removed?

Product Identity.

• Would the changes take away what makes your product unique?
• Would people no longer recognize your product?
• Would your product become something basically different?

Here are some examples to help explain what counts as a fundamental alteration:

Might Be Fundamental Alterations:

• Historical Archive. An online collection of ancient handwritten documents might not need to provide typed versions of everything. That would change it from showing original sources to showing transcripts.
• Visual Art Experience. A virtual reality art show designed specifically to explore visual experiences might not need to create non-visual alternatives that would create a completely different art experience.
• Language Learning by Listening. A language program based entirely on listening might not need to provide text for all spoken content. This would change the core learning method that makes the service unique.
• Professional Equipment. Specialized equipment made only for trained professionals might not need certain accessibility features if they would affect the precision or special functions.

Not Fundamental Alterations:

• Online Store. Adding screen reader support, keyboard navigation, and image descriptions would not change what an online store is.
• Banking App. Making login methods accessible and adding proper labels to forms would not change what a banking app is.
• E-Book Reader. Adding text-to-speech, adjustable text sizes, and contrast controls would not change what an e-book reader is.
• Video Streaming. Adding captions, audio descriptions, and accessible menus would not change what a streaming service is.

As you can see, most regular accessibility features don't change what a product is - they just make it usable by more people.

You Need Proof.

If you claim a fundamental alteration, you need evidence. This means:

• Write it down - explain why specific requirements would change your product's nature.
• Provide evidence showing how the changes would transform your product.
• Talk to experts in both accessibility and your product's field.
• Get user feedback that supports your claim.

You Still Need Some Accessibility.

Even with a fundamental alteration exception:

• You only get exemption from specific requirements that would cause the fundamental change.
• You must still follow all other accessibility requirements.
• You should look for alternative ways to make your product more accessible.
• You should revisit this decision as technology improves.

Innovation Balance.

This rule tries to balance:

• Keeping unique products that serve special purposes.
• Making things accessible from the beginning when possible.
• Allowing specialized products for specific needs.
• Making most products accessible to everyone.

This exception is not meant to be an easy way out - it's only for situations where adding accessibility would truly change what your product is.

Follow these steps to decide if you have a fundamental alteration:

Step 1: Describe Your Product's Core.

• Clearly write down what your product is and what it does.
• List the features that make it what it is.
• Identify what makes your product different from others.

Step 2: Check Each Requirement.

• Look at each accessibility requirement separately.
• Note which ones might change your product's core identity.
• Focus on how they change what your product is, not just how hard they are to add.

Step 3: Look for Other Solutions.

• Try to find different ways to make your product accessible.
• See if you can add accessibility without changing your product's core.
• Ask accessibility experts for creative ideas.

Step 4: Document Your Decision.

• Write down your reasons for any fundamental alteration claim.
• List which specific requirements cause problems and why.
• Keep evidence that supports your decision.
• Describe any alternative accessibility features you're adding.

It's important to understand the difference between fundamental alteration and disproportionate burden (cost concerns):

You might use both exceptions for different things, but you should evaluate them separately and have proper evidence for each.

• Start early with accessibility. Think about it when you design your product to avoid problems later.
• Be specific. Only claim fundamental alteration for specific requirements, not as a way to avoid all accessibility.
• Keep good records. Document your assessment and decisions clearly.
• Get expert help. Talk to accessibility experts and people who know your product area.
• Try new ideas. Look for creative ways to make things accessible without changing their core.
• Add alternatives. When you can't meet a specific requirement, try different ways to make your product accessible.
• Review regularly. Check your decisions as technology changes.
• Be transparent. Tell users what accessibility features you have and why some might be missing.

The fundamental alteration rule connects with other parts of the EAA:

• Accessibility Requirements. You might be excused from specific requirements, but only those that would truly change your product's nature.
• Examples Section. The examples in the EAA can help show which approaches wouldn't change your product's nature.
• Physical Accessibility. Building requirements might connect with fundamental alteration in certain situations.
• Cost Exceptions. You need to know whether your issue is about costs or about changing your product's nature.
• Product Assessment. You should document any fundamental alteration claims when you assess your product.

Government authorities will carefully check any fundamental alteration claims. Make sure you:

• Have good evidence. Be ready to show why you believe an accessibility requirement would change your product's nature.
• Show you tried. Prove that you seriously looked at accessibility, not just tried to avoid it.
• Follow all other requirements. Show that you've followed all accessibility rules that don't cause fundamental alteration.
• Offer alternatives. Show other accessibility features you've added where direct compliance would change your product's nature.

Authorities will be especially skeptical if similar products have successfully implemented the accessibility features you're claiming would cause fundamental alteration.

• EAA Article 14(2). This part of the law states that accessibility requirements don't apply if they would change the basic nature of your product or service.
• EAA Recital 53. This explains more about what fundamental alteration means and how it's different from cost concerns.

You can check the official EAA text for the complete legal details.