The implementation of the European Accessibility Act in Malta: A step towards better corporate sustainability, inclusion and innovation

Author: Erika Criscione

On 28 June 2025, the European Accessibility Act (EAA) – formally known as Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services – will come into force across the European Union. This legislative development introduces a binding framework requiring a wide range of products and services – including hardware and software, websites, mobile apps, as well as various services in the area of communication, commerce, finance, education and transportation – to be accessible to persons with disabilities.

This is not merely about complying with a new EU directive. Accessibility is now a measurable and strategic component of corporate sustainability, transparency, inclusiveness and innovation.

Rooted in the core principles of dignity, non-discrimination and equal opportunity crystallised in the United Nations Convention on the Rights of Persons with Disabilities, the EAA ensures effective applicability of these principle through enforceable obligations placed on economic operators.

Malta transposed the EAA into national law via Legal Notice 214 of 2022, titled the Accessibility Measures (European Accessibility Act) Regulations (Subsidiary Legislation 627.03).

The Maltese transposition of the directive mirrors the provisions of the European Accessibility Act, without introducing any substantial deviations from it.

Products and service in scope

These Regulations apply to the following products placed on the market after 28 June 2025:

1. Consumer general purpose computer hardware systems and their operating systems;
2. Payment terminals;
3. Self-service terminals such as ticketing machines, check-in machines and interactive self-service terminals providing information;
4. Consumer terminal equipment with interactive computing capability, used for electronic communications services or for accessing audiovisual media services; and
5. E-readers.

With regards to Services, the Regulations apply also to the following services provided to consumers after 28 June 2025:

a) Electronic communications services with the exception of transmission services used for the provision of machine-to-machine services;

(b) Services providing access to audiovisual media services;

(c) Websites, mobile device-based services including mobile applications, electronic tickets and electronic ticketing services, delivery of transport service information, including real-time travel information and interactive self-service terminals located within the territory of the EU for air, bus, rail and waterborne passenger transport services

(d) Consumer banking services;

(e) E-books and dedicated software; and

(f) E-commerce services.

The regulations also apply to answering emergency communications to the single European emergency number “112”.

Safeguards

The accessibility requirements shall apply only to the extent that compliance:

(a) Does not require a significant change in a product or service that results in the fundamental alteration of its basic nature; and

(b) Does not result in the imposition of a disproportionate burden on the economic operators concerned.

Objectives and requirements

The Regulations establish, as a general principle, that the design of products and services must, from the outset, take into account their foreseeable use by persons with disabilities. Schedules I and III set out the specific accessibility requirements that products and services must satisfy, along with those concerning the built environment where the services under the scope of these regulations are provided.

The objective is to facilitate the effective use of such products and services by individuals with various disabilities, including, but not limited to, persons who are blind or visually impaired, deaf or hard of hearing, individuals with intellectual disabilities, or users with limited manual dexterity.

Among the accessibility measures outlined, the Regulations stipulate that information must be made available through more than one sensory channel (e.g. visual and auditory) and must be presented in fonts of appropriate size and legible shape to ensure readability and comprehension.

The Regulations also include specific provisions concerning the design of user interfaces, functionality and the accessibility of support services, reinforcing the obligation to ensure that accessibility is embedded throughout the entire user experience.

In line with the farmwork established by Regulation (EC) No. 765/2008, the Regulations impose specific obligations on economic operators – manufacturers, authorised representatives, importers, and distributors.

Conformity assessment

Under the provisions of the Regulations, a conformity assessment is to be completed before a product is placed on the market. This assessment, detailed in Annex IV, must be conducted by the manufacturer to demonstrate that the product meets all applicable accessibility requirements. As part of this process, the manufacturer is required to compile the technical documentation, draw up an EU declaration of conformity, in alignment with Decision No. 768/2008/EC, and affix the CE marking.

Service provider information

Service providers are required to clearly set out how their services comply with the accessibility requirements. This assessment must be included in the service’s general terms and conditions or an equivalent document provided to users.

This should outline how the service meets the requirements of the Regulations, covering relevant aspects of its design and operation. In addition to obligations under the Consumer Rights Regulations, the statement must also include at least, the following elements:

(a) A general description of the service in accessible formats;

(b) Descriptions and explanations necessary for the understanding of the operation of the service;

(c) A description of how the relevant accessibility requirements set out in Annex I are met by the service.

Timelines and transitional measures

The Regulations come into force on 28 June 2025.

However, it is further provided that:

• Obligations set out in relation to the “answering of emergency communications to the single European emergency number 112” shall come into force on 28 June 2027;
• Up until 28 June 2030, service providers may continue to provide their services using products which were lawfully used by them to provide similar services before that date;
• Service contracts agreed before 28 June 2025 may continue without alteration until they expire, but no longer than five (5) years from that date.

Enforcement

The Regulation appoints the Commission for the Rights of Persons with Disability as the market surveillance authority and establishes a competent national authority. The surveillance authority is tasked with developing guidelines for microenterprises, advising economic operators on accessibility solutions and ensuring compliance with accessibility requirements through regular procedures.

The authority enforces penalties for non-compliance, considering the severity, scope and number of affected individuals. Remedial action must be taken by non-compliant operators, in line with the Equal Opportunities (Persons with Disability) Act.

Conclusion

Complying with digital accessibility regulations is not merely about avoiding enforcement actions, it represents a significant competitive advantage.

By ensuring accessibility, businesses can reach a broader audience, including individuals with disabilities, older adults and those experiencing temporary impairments.

This commitment leads to lower long-term operational costs and strengthens brand perception among customers, partners, and investors. Within this framework, digital accessibility becomes a tangible driver of growth, reputation and inclusivity, a critical driver for enterprises aiming to enhance sustainability and social impact.