Who counts as a microenterprise?
Under Article 3(23) of the European Accessibility Act a microenterprise is an enterprise that:
- employs fewer than 10 persons, and
- has an annual turnover of no more than €2 million or an annual balance sheet total of no more than €2 million.
Both conditions matter: staff count, and one of the two financial thresholds. The German BFSG uses the same definition (§ 2 No. 17 BFSG).
Services: exempt
Article 4(5) of the directive: microenterprises providing services are exempt from the service accessibility requirements and the related obligations. § 3(3) BFSG says the same for Germany. A small online shop with five employees and €800,000 turnover is therefore, as a rule, not legally required to meet the EAA service requirements for its shop.
Products: not exempt
The exemption does not cover products (for example e-readers, payment terminals or consumer computers). Microenterprises dealing with products still have to meet the product requirements; they are only relieved from documenting a disproportionate-burden assessment, but must provide the relevant information if a market surveillance authority asks.
Things to check
- Growth. If you cross a threshold, the exemption may no longer apply. Keep an eye on staff numbers and annual figures.
- Groups and partners. How staff and turnover are counted when you belong to a group can be complex – ask an adviser.
- Agencies. If you are a small agency building shops for clients, the exemption depends on your client, who provides the service, not on you.
- Customers still benefit. Even if you are exempt, accessible sites reach more customers. A free scan is a low-effort start.
Not sure if you are in scope at all? Read who is affected by the EAA.