Practical implementation tips for the Accessibility Directive for the financial sector

On June 28, 2025, the implementation law and the implementation decree of the European Accessibility Act (EU 2019/882) (the “Accessibility Directive”) will come into force. The Accessibility Directive requires certain products and services to meet accessibility requirements, ensuring they are accessible to persons with disabilities (e.g., hearing or visual impairments). The requirements focus on the “S” (Social) in the ESG acronym. 

The Accessibility Directive affects various sectors, including passenger transport, e-commerce, software developers, and notably the financial sector. For example, the Association of Insurers recently highlighted the significant implications for insurers, indicating they have to take substantial steps comply with new requirements. In this Legal Update, we zoom in on the to-dos for the financial sector.

What is the scope of application of the Accessibility Directive?

The Accessibility Directive applies to certain products and services. For the financial sector, “banking services” offered to consumers are particularly noteworthy. New obligations regarding these services are implemented in Dutch legislation, including the Wft (Financial Supervision Act), BGfo (Decree on Conduct of Business Supervision of Financial Undertakings), and Bbbfs (Decree on Prudential Rules for Financial Undertakings). 

The term “banking services” in the Accessibility Directive has a broader scope than its name suggests. It covers not only credit and payment accounts, but also investment services, payment services, and electronic money (including gift cards), provided these are offered to consumers. In addition, payment terminals and ATMs are included under the directive's scope at the product level.

However, the impact of the Accessibility Directive on the financial sector is not limited to “banking services” for consumers and payment terminals and ATMs alone. More general products or services offered by a financial company—or a non-financial company—also fall within the scope of the Accessibility Directive. These include: 

• computers and operating systems;
• electronic communication services (e.g., telephone and internet services; and
• electronic commerce platforms.

What are the main obligations under the Accessibility Directive?

The most important obligations under the Accessibility Directive are:

1. Compliance with accessibility requirements: the Accessibility Directive mainly contains accessibility requirements. For example:
   • Information about products and services must generally be perceivable and understandable and made available through more than one sensory channel. Internet banking, for example, can be made available via an app, but also by telephone.
   • For “banking services,” additional specific requirements apply: identification methods, electronic signatures, security, and payment services must be “perceptible, operable, understandable, and robust.”
   • Information must be understandable and have a maximum difficulty level of B2.
2. Accessibility statement: service providers are required to prepare information showing how their services comply with accessibility requirements. This information must be publicly available and accessible to persons with disabilities. This information may be included in the general terms and conditions relating to a service.
3. Active reporting obligation: if a service fails to meet accessibility requirements, a service provider must take corrective measures and notify the competent authorities via an active reporting obligation. For banking- and financial e-commerce services, a report must be made to the AFM (Autoriteit Financiële Markten, Dutch Authority for the Financial Markets). If necessary, the AFM can take enforcement action.
4. Establishing procedures and training obligation: service providers must establish procedures to ensure continuous control and awareness within the organization and ensure that staff are continuously trained on the accessibility of services.

Are there any exceptions to the obligations under the Accessibility Directive?

The obligations under the Accessibility Directive do not apply:

• To a microenterprise with fewer than 10 employees and an annual turnover or annual balance sheet total not exceeding EUR 2 million; or
• Where compliance with accessibility requirements would fundamentally change a product or service or change its essential nature.

In addition, transitional law applies. Among other things, there is a transitional period ending on June 28, 2030, during which service providers can continue to provide services using products that they were already using for similar services before June 28, 2025. Transitional law does not apply to new services launched after June 28, 2025.

Practical tips for complying with obligations under the Accessibility Directive

To ensure compliance with the Accessibility Directive, consider the following steps:

• Determine Scope: Analyze which products and services fall within the scope of the Accessibility Directive and whether you qualify for an exemption. Avoid limiting your analysis solely to “banking services”.
• Conduct Reviews: Assess whether your products and services meet the accessibility requirements.
• Address Deficiencies: Develop a plan to resolve any accessibility issues. Consider, for example, adding better color contrast for visual accessibility.
• Prepare Statements and Procedures: Prepare a public accessibility statement and establish procedures to ensure ongoing compliance.
• Train and Raise Awareness: Provide continuous training to staff on accessibility standards and emphasize their importance.
• Make Customer Service Accessible: Ensure that your customer service channels are accessible to people with disabilities (e.g., by offering alternative means of communication such as live chat or text telephone).
• Integration Accessibility into the Development: Make accessibility an integral part of the product design and development process (PARPs). This prevents accessibility issues from being discovered at a later stage and is more cost-effective.
• Actively Report Deficiencies: Establish a policy on addressing deficiencies if a service does not comply with accessibility regulations. Report deficiencies to the competent authorities in a timely manner.

Questions about the Accessibility Directive?

The Accessibility Directive presents both challenges and opportunities for the financial sector. By proactively investing in accessibility, financial institutions can not only comply with legal obligations but also improve their services for a broader customer base.

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