Microenterprises Exemptions.

The European Accessibility Act (EAA) provides specific exemptions for microenterprises that provide services. Under EU law, a microenterprise is defined as an enterprise that:

• Employs fewer than 10 persons
• Has an annual turnover not exceeding €2 million OR an annual balance sheet total not exceeding €2 million

These criteria are based on the Commission Recommendation 2003/361/EC concerning the definition of micro, small and medium-sized enterprises.

The EAA exempts microenterprises providing services from the accessibility requirements of the Act. Specifically:

• Service-specific exemption: Only microenterprises that provide services are exempt from complying with the accessibility requirements.
• No exemption for products: Microenterprises that manufacture, import, or distribute products covered by the EAA must still comply with all applicable requirements.
• Only applies to accessibility requirements: Microenterprises are still subject to other provisions of the EAA, such as market surveillance.

This exemption recognizes the potential disproportionate burden that accessibility requirements might place on very small service providers with limited resources.

Although microenterprises providing services are exempt, there are important limitations to this exemption:

• Member State discretion: EU Member States may still choose to require microenterprises to comply with some or all accessibility requirements through national legislation.
• Only applies to general requirements: Microenterprises may still be subject to specific contractual requirements (e.g., when providing services to public entities).
• Growth considerations: Microenterprises that exceed the definition thresholds must begin complying with the accessibility requirements.
• Mandatory information: Market surveillance authorities may request information from microenterprises to verify their status.

Microenterprises claiming the exemption may be required to verify their status:

• Self-declaration: Microenterprises can self-declare their status based on the employee count and financial thresholds.
• Documentation: They should maintain documentation that confirms their status, including:
  • Official employee records
  • Financial statements showing annual turnover or balance sheet totals
  • Business registration documents
• Authority verification: Market surveillance authorities may request verification of microenterprise status, particularly if there is reason to doubt a service provider's claim.

For microenterprises, this exemption has several practical implications:

• Resource allocation: Limited resources can be focused on core business operations rather than extensive accessibility implementations.
• Competitive considerations: While exempt, microenterprises should consider that accessibility can provide competitive advantages and access to wider markets.
• Growth planning: Microenterprises approaching the size thresholds should plan for eventually implementing accessibility requirements.
• Business relationships: When working with larger enterprises or public sector clients, contractual accessibility requirements may still apply regardless of exemption status.

Even though microenterprises providing services are exempt, considering accessibility is still recommended:

• Gradual implementation: Implement basic accessibility features that are low-cost but high-impact.
• Digital accessibility: Start with simple measures for websites and apps, such as adequate color contrast, text alternatives for images, and keyboard navigation.
• Staff awareness: Train staff on the basics of accessibility and how to assist people with disabilities.
• Document status: Maintain proper documentation of microenterprise status, including employee counts and financial information.
• Monitor growth: Track business metrics against the microenterprise thresholds to anticipate when compliance might become mandatory.