European Accessibility Act in Poland: Duties for Online Businesses

The European Accessibility Act in Poland is the framework requiring certain consumer-facing digital services and products to be accessible to persons with disabilities. The Act of 26 April 2024 on ensuring that certain products and services meet accessibility requirements by economic operators (ustawa o zapewnianiu spełniania wymagań dostępności niektórych produktów i usług przez podmioty gospodarcze) entered into force on 28 June 2025, the date from which the accessibility requirements apply. The Act implements Directive (EU) 2019/882, commonly known as the European Accessibility Act or EAA [1][2].

For online businesses, the key issue is whether a website, mobile application or digital sales channel qualifies as an e-commerce service. The rules are particularly relevant where an online platform enables consumers to conclude contracts for products or services.

Which online businesses must meet EAA compliance requirements in Poland?

The Polish EAA regime covers e-commerce services provided to consumers. Under Article 3(30) of Directive (EU) 2019/882, an e-commerce service is a service provided at a distance, through websites and mobile device-based services, by electronic means and at the individual request of a consumer, with a view to concluding a consumer contract [2].

In practice, accessibility requirements for e-commerce in Poland may apply to:

• online stores selling goods directly to consumers;
• online booking and reservation systems;
• marketplaces facilitating consumer purchases;
• subscription platforms with online contracting processes;
• websites offering paid digital services to consumers;
• mobile applications through which consumers can browse, order, pay for or manage services under consumer contracts.

A website that only presents a business offer and does not enable consumer contracting may fall outside the specific e-commerce service category. However, the legal assessment depends on the actual functions of the website, the customer journey and the contractual model. A nominally B2B platform may also be covered if it effectively serves consumers.

EAA compliance for online stores: practical accessibility duties

Under the Polish Act and Annex I to Directive (EU) 2019/882, service providers must ensure that their services are designed and provided in a manner allowing persons with disabilities to perceive, operate, understand and use them effectively [1][2].

For an online store, this normally concerns the entire purchasing path rather than only the homepage. Relevant elements include product search, category navigation, product descriptions, shopping baskets, account registration, checkout, payment interfaces, confirmation messages and customer support channels.

Key technical and content areas

• Keyboard navigation without requiring a mouse.
• Clear page structure and correctly labelled form fields.
• Alternative text for meaningful images and non-text content.
• Sufficient contrast between text, icons and backgrounds.
• Captions or other accessible alternatives for audiovisual materials where required.
• Error messages that identify the problem and provide understandable instructions.
• Compatibility with assistive technologies, including screen readers.
• Accessible information about terms and conditions, delivery, payment, complaints and withdrawal rights.

Technical conformance with recognised standards, including EN 301 549 and the Web Content Accessibility Guidelines, may help demonstrate diligence [4]. It does not automatically establish compliance or eliminate legal risk. The assessment must address the statutory requirements and the specific service provided.

Accessibility statement for websites in Poland: is it mandatory for private businesses?

An accessibility statement is not generally required for private online stores solely because they are subject to the EAA. The formal obligation to publish an accessibility declaration primarily arises under the Act of 4 April 2019 on the digital accessibility of websites and mobile applications of public entities, especially Article 10 of that Act [3].

However, providers of services covered by the Polish EAA legislation must provide information about the service and explain how it meets the applicable accessibility requirements in their general terms and conditions or an equivalent document. This obligation should not be confused with the formal accessibility declaration required of public entities.

Nevertheless, an accessibility statement may be commercially and operationally useful. It can explain the accessibility standard applied, identify known limitations, provide contact details for reporting barriers and describe alternative access arrangements. Such a statement must be accurate. A generic declaration that is inconsistent with the actual performance of the website may increase consumer, reputational and regulatory risk.

Microenterprise exemption under the Accessibility Act and other exceptions

The law provides three important exceptions. They must be interpreted narrowly and documented carefully:

• Microenterprises providing services are exempt from the accessibility requirements.
• The accessibility requirements do not apply where compliance would require a fundamental alteration of the basic nature of the product or service.
• The accessibility requirements do not apply where compliance would result in a disproportionate burden on the economic operator.

The microenterprise exemption applies to service providers, not automatically to all businesses or products. Under Article 3(23) of Directive (EU) 2019/882, a microenterprise employs fewer than 10 persons and has an annual turnover not exceeding EUR 2 million or an annual balance sheet total not exceeding EUR 2 million [2].

A fundamental alteration or disproportionate burden assessment requires an individual analysis. Article 14 of the Directive, together with Annex VI, requires consideration of factors such as the size, resources and nature of the operator, estimated costs and benefits, and the expected frequency and duration of use [2]. The assessment should be retained in writing. It cannot be used as a general justification for postponing remediation.

PFRON enforcement and penalties for non-compliance with accessibility requirements in Poland

The President of the Management Board of PFRON, the State Fund for Rehabilitation of Disabled Persons, has a central role in supervising services under the Polish Act, while products are supervised by the competent market surveillance authorities. Enforcement may involve requests for information, verification of compliance, orders to take corrective measures and administrative proceedings [1].

If the breach is not remedied, a financial penalty may be imposed by administrative decision. The penalty may be up to ten times the average monthly salary in the national economy for the previous year, but it cannot exceed 10% of the operator’s turnover in the previous tax year. When setting the amount, the authority takes into account the scope and seriousness of the breach, the number of non-compliant products or services and the number of persons affected [1].

For businesses, the consequences extend beyond a fine. An inaccessible checkout process may cause lost sales, consumer complaints, contractual disputes with business partners, additional remediation costs and reputational damage. Where accessibility failures affect a high-volume consumer service, corrective work may also disrupt business continuity during a critical sales period.

How online businesses should prepare

1. Identify consumer-facing websites, applications and transaction flows used in Poland.
2. Determine whether the service falls within the statutory e-commerce definition.
3. Perform an accessibility audit covering design, code, content and external payment or booking tools.
4. Prioritise barriers that prevent browsing, registration, checkout or complaint submission.
5. Allocate responsibility for accessibility in supplier contracts, development processes and content publishing rules.
6. Document any reliance on a microenterprise, fundamental alteration or disproportionate burden exception.
7. Review compliance periodically, especially after website redesigns or platform migrations.

Accessibility obligations often overlap with wider consumer-law duties, so the review can be combined with consumer protection advisory in Poland.

This is informational material, not legal advice. For a factual assessment of EAA obligations, consumer-facing digital services and enforcement exposure in Poland, contact the Kopeć & Zaborowski legal team.

FAQ – European Accessibility Act in Poland

When did the European Accessibility Act apply in Poland?

The Polish Act entered into force and its accessibility requirements became applicable on 28 June 2025, subject to statutory transitional rules for certain services and products.

Does every Polish website need to comply with the EAA?

No. The EAA does not cover every website. It is particularly relevant to consumer-facing e-commerce services and other services expressly listed in the Polish Act and Directive (EU) 2019/882.

Does an online store need an accessibility statement in Poland?

Private online stores are not generally required to publish the formal accessibility declaration applicable to public entities. However, covered service providers must provide information explaining how their services meet accessibility requirements in their terms and conditions or an equivalent document. A voluntary accessibility statement may also be useful if it accurately reflects the website’s accessibility status.

Are microenterprises exempt from EAA requirements?

Microenterprises providing services are exempt. The exemption does not automatically apply to businesses placing covered products on the market, and qualification must be verified against the statutory employee and financial thresholds.

Can high implementation costs justify non-compliance?

Not automatically. A business may rely on disproportionate burden only after an individual, documented assessment under the statutory criteria. Cost alone is not determinative.

Who enforces accessibility requirements in Poland?

The President of the Management Board of PFRON supervises services under the Polish Act. Products are supervised by the competent market surveillance authorities.

Bibliography

[1] Act of 26 April 2024 on ensuring that certain products and services meet accessibility requirements by economic operators (ustawa o zapewnianiu spełniania wymagań dostępności niektórych produktów i usług przez podmioty gospodarcze), Journal of Laws of 2024, item 731.

[2] Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services.

[3] Act of 4 April 2019 on the digital accessibility of websites and mobile applications of public entities, consolidated text: Journal of Laws of 2023, item 1440.

[4] EN 301 549 V3.2.1, Accessibility requirements for ICT products and services.