When the European Accessibility Act came into force in June 2025, one of the most commonly asked questions was about the exemption for small businesses. Understanding exactly who qualifies for this exemption — and what it does and does not protect against — is essential for any business owner trying to assess their obligations accurately.
The Microenterprise Exemption
The EAA includes an exemption for microenterprises. Under EU law, a microenterprise is defined as a business that meets both of the following criteria simultaneously:
- Fewer than 10 employees
- Annual turnover or balance sheet total not exceeding €2 million
If your business meets both criteria, you are exempt from the formal accessibility requirements of the EAA. This means you are not legally obligated to meet WCAG 2.1 Level AA, publish an accessibility statement, or implement the other EAA-specific requirements.
What the Exemption Does Not Cover
The microenterprise exemption is frequently misunderstood. Here is what it does not protect against:
GDPR obligations remain in full. GDPR applies to every business that processes personal data from EU and EEA residents, regardless of size. A microenterprise with a contact form, analytics tracking or a newsletter sign-up has full GDPR obligations. The cookie consent requirement applies. The privacy policy requirement applies. The data subject rights apply.
ADA obligations in the United States are unaffected. If your business has any US-facing digital presence — a website accessible to US users, a booking platform, an e-commerce store — ADA accessibility obligations exist regardless of your business size. ADA lawsuits have been filed against sole proprietors and single-location businesses. There is no size exemption in US law.
The exemption only applies to EAA-specific requirements. It does not create a general exemption from accessibility or data protection law. It simply means that the formal framework of the EAA — including the accessibility statement requirement, the market surveillance obligations and the specific conformance requirements — does not apply to qualifying microenterprises.
Calculating Whether You Qualify
The employee count includes full-time employees, part-time employees (calculated as full-time equivalents) and working proprietors and partners engaged in regular activities. It excludes apprentices and students on vocational training, and people on maternity or parental leave.
The financial thresholds are based on the most recent completed financial year. Businesses that have recently grown beyond the thresholds should note that EU guidance generally applies the thresholds on a rolling two-year basis — a business must exceed the thresholds for two consecutive years before losing microenterprise status.
Why You Should Care Even If You Are Exempt
Even if your business qualifies for the microenterprise exemption from EAA requirements, there are compelling reasons to address accessibility:
GDPR still applies. As noted above, GDPR has no size exemption. Cookie consent and privacy policy compliance are mandatory for every business with a website that collects personal data from EU visitors.
Commercial benefits are real regardless of legal obligation. An accessible website reaches more users, performs better in search, converts better for all visitors and builds a stronger brand reputation. These benefits do not require a legal mandate to be worth pursuing.
The exemption threshold is lower than most people assume. Many businesses that consider themselves small have more than 10 employees or exceed €2 million in turnover. A hotel with 12 staff, a law firm with 15 employees, a retailer with €2.5 million in revenue — none of these qualify for the microenterprise exemption.
The regulatory environment is evolving. Today’s exemption may not exist in five years. Businesses that build accessible digital infrastructure now will be ahead of any future changes to the regulatory framework.