Approximately 1 million people in Portugal live with disabilities. For these individuals, accessing digital services, like booking a doctor’s appointment or shopping online, can pose a significant challenge. The European Accessibility Act (EAA) aims to solve this by pushing organisations to make their digital business offerings accessible, and, quite frankly, it could not have come at a better time. This is especially true for Portugal, where ableism is still very much alive and kicking; for instance, disabled individuals are almost twice as likely to face social exclusion compared to their non-disabled peers. So, if you’re a Portuguese business owner, and want to learn more about the EAA and how to comply, this comprehensive guide is for you.
What is the European Accessibility Act (EAA)?
The European Accessibility Act (EAA) is an EU directive designed to make everyday life more inclusive for people with disabilities. How does it do this? By instructing member state organisations to make their products and services accessible before June 2025, or risk facing legal action.
The EAA was created to homogenise accessibility standards, so that no matter where you are in Europe, equal access can be sought. And, as Europe’s population ages, the demand for accessible design will only grow.
Although relevant to both physical and digital products and services, the EAA has an acute focus on digital accessibility, perhaps owing to the rise of digital technologies and their influence over global markets and economies. So, if you are a website owner, the chances are that the EAA applies to you.
But here’s the catch: the EAA is a directive, not a law. In EU terms, this means each member state, Portugal included, has the flexibility to enforce compliance as it sees fit. Often, countries lean on existing standards like the Web Content Accessibility Guidelines (WCAG), or their own regional versions, to meet the EAA’s objectives – but more on that later.
Free EAA Compliance Audit of your Website
Detecting EAA Compliance issues has never been easier than it is now. At Recite Me we offer a free audit of your websites homepage. This will identify and highlight any non-compliance on your website as it relates to the European Accessibility Act and WCAG. Followed by recommendations on how to implement the necessary changes to improve your websites accessibility score and standing.
What type of Portuguese businesses need to be European Accessibility Act compliant?
The EAA applies to any business that operates within the EU and offers products or services to EU customers. Even if your business is based outside the EU, for example, in Switzerland, you must still comply if you trade in places like Portugal or other EU markets.
There is, however, one exemption to this rule — microenterprises. A microenterprise is defined as a business with fewer than 10 employees and an annual turnover of less than €2 million. However, exemption doesn’t mean microenterprises should ignore accessibility. By complying voluntarily, smaller businesses can prepare themselves for the future while reaping the benefits of accessibility. For instance, broader market reach and enhanced brand reputation.
Accessibility laws relevant to EAA compliance in Portugal
Being a European directive, the EAA provides broad objectives with little guidance on how to achieve them. That’s why Portuguese businesses rely on more localised standards to help define accessibility and pave the way for compliance.
Web Content Accessibility Guidelines (WCAG)
The Web Content Accessibility Guidelines (WCAG) are internationally recognised standards for creating accessible digital content. Developed by the World Wide Web Consortium (W3C), WCAG derives its standards from four key principles, also known as POUR:
- Perceivable: Content must be presented in ways users can perceive. Examples include text alternatives for images and captions for videos.
- Operable: Interfaces must be usable by everyone; i.e., keyboard navigable and void of seizure-inducing content.
- Understandable: Information and interface operations must be easy to understand, with clear language and predictable navigation.
- Robust: Content must be compatible with current and future assistive technologies.
To meet EAA requirements, Portuguese businesses should aim for WCAG 2.1 Level AA compliance. Among other things, this means providing alt text for images, adding captions to video content, and ensuring a minimum colour contrast ratio of 4.5:1 for normal-sized text.
Decreto-Lei n.º 83/2018
In Portugal, Decreto-Lei n.º 83/2018 is a critical law that aligns national accessibility standards with EU regulations. It primarily focuses on accessibility for public sector websites and mobile applications, mandating compliance with WCAG 2.1 Level AA.
The key requirement in the decree is that all public sector websites and mobile apps must be accessible to people with disabilities, aligning with the EAA’s general mandate for accessibility across the EU. It also mandates that accessible websites and apps provide clear and regular accessibility statements, outlining how they comply with these standards.
The crux of it is, if you’re a public entity, following the Decreto-Lei n.º 83/2018 closely can bring you a whole lot closer to complying with the EAA, particularly its digital requirements.
Requirements for Portuguese organisations to become EAA compliant
To comply with the EAA, Portuguese businesses must address accessibility across multiple areas. This can feel like a big undertaking, but don’t let it deter you. Let this section act as your guidebook to the EAA’s many requirements, organised into four main categories.
Digital accessibility
The EAA requires websites, mobile apps, and digital platforms to be accessible to users with diverse needs. This means implementing WCAG 2.1 Level AA standards, such as:
- Allowing users to adjust text size for better readability.
- Providing an accessible navigation menu that works with screen readers and keyboard controls.
- Ensuring multimedia content includes captions and audio descriptions.
Customer support
Under the EAA, businesses must ensure customer support is accessible. This can involve high-investment strategies like training support staff to assist users with accessibility issues, or implementing video relay services (VRS) for sign language users.
However, most of the time, all it takes is to simply provide alternative contact methods. This allows those who cannot communicate effectively over the phone, such as those who are hard of hearing or those who have speech impairments, to access the same support as everyone else. Common contact methods include email or live chat functions.
Accessible information and communication
The EAA requires information to be shared in accessible formats. Whether it’s instructional material, customer service information, or general product information, businesses should offer multiple formats, such as large print, braille, or audio options, to meet various needs.
If, for example, you make a user guide available to download in PDF format for your customers, you have an obligation to ensure the content is clear, well-structured, and free of technical jargon. Just like with websites, the use of colours should be aligned with the required minimum contrast ratios, as outlined in WCAG 2.1 Level AA. As well, any scanned images of text should be made searchable using Optical Character Recognition (OCR) technology.
Basically, treat your documents and emails the same as you do your website. Adhere to WCAG 2.1 Level AA guidelines and consider accessibility in every aspect of design.
What are the risks of non-compliance with EAA standards in Portugal
It might seem like there’s a lot to get right when making your services EAA-compliant. And there is. But, it’s important to consider that if you don’t put the effort in now, and you fail to reach the June 2025 deadline, you risk facing a barrage of accessibility-related lawsuits; the fallout from which can be detrimental to the future success of your business. Let’s explore this in further detail.
Legal penalties
Businesses that fail to comply with could face EAA fines or legal action. In Portugal, enforcement agencies may impose financial penalties based on the severity of the accessibility breach. These fines can be in the range of €5,000 to €100,000+.
Damaged reputation
A non-accessible business risks alienating customers. In a world dominated by mobile phones and social media, it only takes a few negative reviews before word spreads of your neglect. If a lawsuit is filed and your company is taken to court over an accessibility-related dispute, matters only get worse. These kinds of events can put a stain on your brand’s reputation forever, signalling a lack of ethics and corporate social responsibility to your clients. Such harm can be difficult to come back from.
Missed business opportunities
Accessibility opens your company’s doors to the 101 million adults living with a disability in Europe today. However, failing to comply with regulations like the EAA means missing out on the revenue generated from these individuals, as well as their families and friends. To make matters worse, when you turn these potential customers away, you create an opportunity for them to join forces with your competitors.
Download your free EAA Compliance Checklist
Want to make sure your website is compliant with the European Accessibility Act? Then get started today with our EAA checklist. This document details all of the important steps you need to take to ensure your website is EAA compliant before the deadline. Work through each step to avoid the negative consequences of being non-compliant.
How to meet Portugal EAA compliance guidelines
As the June 2025 deadline fast approaches, Portuguese businesses must take proactive steps to achieve compliance.
Conduct an accessibility audit
The first step in your EAA compliance journey is understanding where you stand. Conduct an accessibility audit to identify areas for improvement. Tools like an accessibility checker can automate this process by scanning your digital content for non-compliant features. For a more comprehensive audit, consider combining your automated scan with manual and user testing to uncover nuanced issues.
Implement WCAG guidelines
Once you have your audit results, work through each failure systematically, following the guidance outlined in WCAG 2.1 Level AA. If the results of your audit show that vague image filenames are used as alt text, replace this with relevant descriptions. If readability needs to be improved, adjust font sizes and line spacing. Or, if you failed on keyboard navigation, check that your web pages feature a logical tab order.
Run regular accessibility tests
Regularly accessibility monitoring your website ensures it remains compliant as design trends, regulations, and user needs evolve. As a best practice, test your site monthly, or after any design adjustments or regulation updates. This helps you spot potential accessibility issues before customers do, preventing a small WCAG failure from snowballing into an EAA lawsuit.
Employee training
Building a culture of inclusivity is key to long-term accessibility. EAA training for employees helps to recognise WCAG failures and implement best practices, so that you can have eyes everywhere, keeping watch over the accessibility of your products and services.
Consider running workshops on topics, such as: understanding WCAG principles, designing inclusive content, and identifying barriers faced by users with disabilities. Remember, empowered teams are better equipped to sustain EAA compliance far into the future.
Need more help becoming EAA compliant?
The following resources are packed full of actionable tips and expert advice for making your digital content compliant with the European Accessibility Act:
European Accessibility Checklist
Start ticking off European Accessibility Act requirements and ensure your organisation is compliant to avoid the risks.
European Accessibility Act Guide
Ensure your organisation is meeting the necessary requirements for European Accessibility Act compliance.
Free EAA Audit of your Website
Download a free accessibility check of your website. This report will highlight any EAA non-compliance and how to fix it.
