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Am I exempt as a microenterprise from accessibility requirements?

The European Accessibility Act provides an exemption for microenterprises that supply services, but that exemption applies only if you meet two conditions at the same time.

The European Accessibility Act provides an exemption for microenterprises, but it applies only if two conditions both hold at the same time: fewer than ten employees, and annual turnover of no more than two million euros. Both conditions apply together, not as separate alternatives. If your business meets one of the two but not the other, in practice you still fall within the scope of the Act.

The exemption is also only relevant for businesses that supply services, such as an online shop, a booking system, or a customer portal. It is therefore something different from the question of whether you fall under the Act: these two matters are often confused, whereas it is a separate test that comes into play only after it has been established that you supply a service that falls under the Directive.

Why this is not a snapshot

Employee headcount and turnover are not fixed data. An installation company that grows from eight to twelve employees, or an online shop that crosses the turnover threshold after a good year, may thereby also change its position in relation to the exemption. The Regulation itself does not prescribe how often you must check this, but it is reasonable to review your own situation at the moment when your workforce or turnover changes structurally, not only when an external inquiry comes in.

Conversely, the same applies in reverse: a business that is now just above the threshold and shrinks next year may at that point fall within the exemption. The test is therefore not a one-time stamp but something that moves with your business operations.

Exemption does not mean without obligation

An exemption from a legal obligation says nothing about whether accessibility for your customers is desirable. Visitors with a visual, motor, or cognitive disability do not order less frequently from a microenterprise than from a large online shop. Some entrepreneurs therefore choose to address the main obstacles anyway, without a corresponding legal obligation. That is their own judgment, not an obligation that follows from the Directive.

It is also worth understanding that an exemption for yourself says nothing about the parties you work with. A microenterprise that supplies services to a larger customer may still be confronted with accessibility requirements through that customer, simply because that customer is itself subject to the Act and passes those requirements on in the collaboration.

How you check this for your own situation

The two conditions sound simple, but their implementation — what counts exactly as turnover, how a tax entity or group of companies is assessed, what happens in a transition year — is less straightforward than the basic rule suggests. For those details, the exact text of the Directive and, where doubt exists, a lawyer or the competent supervisory authority is the right point of contact.

What you can quickly check yourself is the basics: how many employees do you have, what is your annual turnover, and do you supply a service that falls under the Directive. Those three questions are answered by the free scope check on axessia.eu, without requiring an account. If you are uncertain about borderline cases — a team that has just grown, turnover that fluctuates from one fiscal year to the next — it is advisable to review your own situation periodically rather than determining it once and for all.

Those who after the scope check do fall within the Act will find in the knowledge base with explanations for each situation more about what is then concretely expected. For those uncertain whether their own online shop or service falls under this at all, the free scan with a few short questions provides a first indication. And for questions about how axessia.eu itself reaches an assessment, that is explained on the page about how the assessment is conducted.

In short

The exemption for micro-enterprises applies only when both fewer than ten employees and revenue of no more than two million euros are met, and only for the provision of services. It is not a fixed status but moves with your business operations, and it says nothing about whether accessibility for your customers is worth pursuing nonetheless.

Are you unsure whether your business falls within the exemption, or do you simply want to know where you stand? The free scope-check on axessia.eu provides an initial answer within a few minutes, and the frequently asked questions page already addresses the most common cases of doubt.

This article is general information and not legal advice.