Microenterprise Exemption under the EAA/BaFG
The microenterprise exemption in the European Accessibility Act (EAA) and the Austrian Accessibility Act (BaFG) covers businesses with fewer than 10 employees whose annual turnover or annual balance sheet total does not exceed €2 million. Where such microenterprises provide services (an online shop or a booking platform of their own, for example), they are excluded from the scope of the law entirely. Where they manufacture, import or trade in products, the exemption applies only in part: administrative relief is granted, but there is no full exemption from the accessibility requirements.
In practice
Before a small business relies on the exemption, turnover, balance sheet total and headcount should be documented properly – the thresholds have to be met in fact, and the exemption is not a free pass for "small" companies with more than 10 employees. Important for agencies: even exempt microenterprises must be able to substantiate the relevant facts about their size if the market surveillance authority asks. Precisely because customers with disabilities are a relevant market segment, voluntary accessibility is worthwhile for exempt microenterprises too, both as a competitive advantage and as preparation for future growth beyond the thresholds. Microenterprises that offer products, not only services, should not confuse the administrative relief with full exemption and should account for this early in project planning.