EAA microenterprise exemption: do you qualify?
The European Accessibility Act carves out an exemption for the smallest businesses — but it's narrower than most people assume, and getting it wrong either way costs you: over-claiming it leaves you non-compliant, under-using it means unnecessary work. Here's the actual test.
The exact test
A microenterprise under the EAA is a business that meets both of these conditions:
Employees (headcount condition — must be met)
Annual turnover or balance sheet total (only one of these two financial conditions needs to be met)
If you meet the headcount condition and at least one of the two financial conditions, and everything you provide is a service — not a product — you likely qualify for the EAA's microenterprise exemption on the service side.
The three caveats most guides skip
1. It only covers services, not products
If you're a microenterprise providing a SaaS subscription or a booking platform, that's a service — likely exempt. If you also place a physical product on the market — hardware, an e-reader device, a self-service terminal — the product-side EAA requirements are not covered by the microenterprise exemption, regardless of your size. Mixed product-and-service businesses need to treat each obligation separately.
2. It ends immediately when you grow — no grace period
The moment you cross either threshold (10 employees, or €2 million in turnover or balance sheet total), the exemption ends. There's no transition window, no "you have six months to comply" buffer. If you're a fast-growing startup near the line, this is worth planning for rather than discovering after the fact.
3. B2B and enterprise pressure don't care about the exemption
The microenterprise exemption is a legal carve-out from the EAA specifically — it says nothing about what your customers will ask for. Enterprise and government buyers increasingly request VPAT-style accessibility conformance reports in procurement regardless of whether you're legally required to provide one. A legally exempt five-person startup can still lose an enterprise deal over the same documentation gap a non-exempt company would have.
Why the timing matters
The EAA entered into force at EU level in 2019; member states had until 28 June 2022 to transpose it into national law. The compliance deadline that actually matters for most businesses reading this is 28 June 2025 — products placed on the market and services provided from that date onward are expected to comply. Existing service contracts concluded before that date can generally continue unaltered for up to five years, no later than 28 June 2030 — but new contracts don't get that runway. If you're not exempt, this is the clock you're working against.
What to do next, either way
If you're confidently exempt:
- Document why (headcount + turnover, dated) in case a customer or regulator ever asks.
- Set a calendar reminder to re-check this when you cross growth milestones — funding rounds, hiring pushes.
- Consider a baseline WCAG 2.2 AA self-audit anyway — it reduces risk everywhere and is often requested by enterprise customers regardless of legal obligation.
If you're not exempt, or unsure:
- Confirm which in-scope category applies to you — e-commerce, banking, e-books, telecoms, or transport-related digital services are the most common for web/SaaS businesses.
- Run a WCAG 2.2 AA self-audit and publish an honest accessibility statement.
- Build a remediation plan for whatever the audit finds — "partially conformant, actively remediating" is a normal, defensible position.
Not sure which bucket you're in? Our free EAA applicability checker walks through this exact logic in about two minutes and gives you a plain-English verdict.
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Not exempt? Here's exactly what you need
AccessibleDocs Kit's EAA scope-assessment worksheet documents your exemption status (or lack of it) in writing, and the full Core Kit gives you the accessibility statement, WCAG 2.2 self-audit checklist, and remediation plan to act on it — ready to fill in today.
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What counts as a microenterprise under the EAA?
A business with fewer than 10 employees AND annual turnover or balance sheet total not exceeding €2 million. Both the headcount condition and one of the two financial conditions must be met.
Does the microenterprise exemption cover products as well as services?
No. The exemption only covers service obligations. If a microenterprise also places a product on the market — hardware, an e-reader device — the product-side requirements are not covered.
What happens if a microenterprise grows past the threshold?
The exemption ends immediately, with no grace period, the moment the business grows past 10 employees or €2 million in turnover or balance sheet total.
Is this legal advice?
No. This guide reflects general expectations under the EAA and does not constitute legal advice. Exemption determinations can be fact-specific — confirm with qualified counsel before relying on this for a compliance decision.