The European Accessibility Act ((EU) 2019/882) is a directive that aims at providing greater accessibility for people with disabilities, to a wide range of consumer products and services including websites, ATMs, smartphones, consumer banking services, e-books, and telecommunications.

It has been transposed into Irish law pursuant to the European Union (Accessibility Requirements of Products and Services) Regulations 2023 (“Irish Regulations“). The Irish Regulations come into effect on 28 June 2025.

Consumer banking services

The in-scope services include “consumer banking services”. Under the Irish Regulations, “consumer banking services” means the provision to “consumers” of credit agreements, payment/payment account services, electronic money services and the following MiFID services:

Investment services and activities

• Reception and transmission of orders in relation to one or more financial instruments;
• Execution of orders on behalf of clients;
• Portfolio management;
• Investment advice;

Ancillary services

• Safekeeping and administration of financial instruments for the account of clients, including custodianship and related services such as cash/collateral management and excluding maintaining securities accounts at the top tier level;
• Granting credits or loans to an investor to allow him to carry out a transaction in one or more financial instruments, where the firm granting the credit or loan is involved in the transaction;
• Foreign exchange services where these are connected to the provision of investment services;
• Investment research and financial analysis or other forms of general recommendation relating to transactions in financial instruments.

Meaning of consumer

A “consumer” is any natural person who, for purposes which are outside his or her trade, business, craft or profession either purchases a product or is a recipient of a service, to which the Irish Regulations apply.

Obligations of asset / fund managers providing relevant MiFID services to consumers

The above MiFID services (Relevant MiFID Services), when provided to “consumers”, must be provided in such a way that maximises their foreseeable use by consumers with disabilities, in particular by:

• providing information about the functioning of the service, and where products are used in the provision of the service, its link to these products as well as information about their accessibility characteristics and interoperability with assistive devices and facilities:
• making the information available via more than one sensory channel;
• presenting the information in an understandable way;
• presenting the information to users in ways they can perceive;
• making the information content available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel; presenting in fonts of adequate size and suitable shape, taking into account foreseeable conditions of use and using sufficient contrast, as well as adjustable spacing between letters, lines and paragraphs;
• supplementing any non-textual content with an alternative presentation of that content;
• providing electronic information needed in the provision of the service in a consistent and adequate way by making it “perceivable, operable, understandable and robust;
• making websites, including the related online applications, and mobile device-based services, including mobile applications, accessible in a consistent and adequate way by making them perceivable, operable, understandable and robust;
• where available, support services (help desks, call centres, technical support, relay services and training services) providing information on the accessibility of the service and its compatibility with assistive technologies, in accessible modes of communication.

In order to maximise their foreseeable use by persons with disabilities, providers of Relevant MiFID Services must include functions, practices, policies and procedures and alterations in the operation of the services targeted to address the needs of persons with disabilities and ensure interoperability with assistive technologies as follows:

• provide identification methods, electronic signatures, security, and payment services which are perceivable, operable, understandable and robust, and
• ensure that the information is understandable, without exceeding a level of complexity superior to level B2 (upper intermediate) of the Council of Europe’s Common European Framework of Reference for Languages.

The Irish Regulations do not apply to the content of websites or mobile applications which are archives (i.e. content that is not updated or edited after 28 June 2025) or third-party content that is not funded, developed by or under the control of, the relevant services provider.

Exemptions

Services provided by Microenterprises (i.e. services providers which employ fewer than 10 people and having a turnover not exceeding €2m or an annual balance sheet not exceeding €2m) are exempt from the provisions of the Irish Regulations.

An exemption may also be available if compliance with the accessibility requirements either necessitates (a) a significant change in the service that results in the fundamental alteration of its basic nature or (b) imposes a disproportionate burden on the relevant services provider. Services providers seeking to rely on either of these exemptions will need to carry out and document an assessment. In the case of (b), the assessment must be based on the “disproportionate burden” criteria set out in Schedule 4 of the Irish Regulations. The fact that an exemption at (a) or (b) above has been relied upon must be notified by the services provider to the Central Bank (the compliance authority in respect of consumer banking services under the Irish Regulations).  The services provider must provide details of the relevant assessment, upon request. Service providers relying on the exemption at (b) above must renew their assessment of whether the burden is disproportionate when the service offered is altered, when requested to do so by the CBI and, in any event, at least every five years.

Enforcement/offences

The Central Bank has various powers under the Irish Regulations, including the power to direct services providers of Relevant MiFID Services to comply with the Irish Regulations.

Consumers may also apply to Court for an order directing compliance where they consider that the services provider has failed or is failing to comply with the requirements laid down by the Irish Regulations.

A person who does not comply with the Irish Regulations commits an offence and may be liable:

• on summary conviction to a class A fine (up to €5,000) or imprisonment of a term not exceeding six months or both; or

• on conviction on indictment, to a fine of up to €60,000 or imprisonment for a term not exceeding 18 months or both.

Where a company commits an offence under the Irish Regulations, a director, manager, secretary or other officer of the company can also be personally liable for the offence, if the offence was committed with that individual’s consent, connivance or approval of, or to be attributable to their wilful neglect. In proceedings for an offence under the Irish Regulations, it shall be a defence for the person charged to prove that he or she exercised due diligence and took all reasonable precautions to avoid the commission of the offence.

Transitional provisions

Contracts with consumers for the provision of Relevant MiFID Services agreed before 28 June 2025 may continue without alteration until the earlier of their expiration date and 28 June 2030.

Contributed by Patricia Taylor