Disproportionate Burden Clause under the European Accessibility Act (EAA) Explained

If you’re working on EAA compliance and came across the Disproportionate Burden Clause, you might be wondering what it means – and whether it applies to you. It’s a common point of confusion for teams trying to meet accessibility standards while dealing with limited resources or technical constraints.

In this guide, we’ll explain what the Disproportionate Burden Clause is, when it can be used, and how to apply it correctly. You’ll learn how to assess whether your business qualifies, what steps you need to take, and what your responsibilities are – even if you’re granted an exemption.

What is the Disproportionate Burden Clause under the EAA?

Under the European Accessibility Act (EAA), the Disproportionate Burden Clause allows businesses to claim an exemption from specific accessibility requirements when compliance would place an unreasonable or excessive burden on them. 

This clause ensures that accessibility efforts remain fair and proportionate to an organisation’s capacity.

Put simply, the Disproportionate Burden Clause means that if meeting certain accessibility requirements would take too much money or effort, relative to your company’s size, resources, and the actual benefit to users with disabilities, you may be allowed to skip that specific requirement.

That said, this isn’t a free pass. Even if you invoke the clause, you’re still expected to make your product or service as accessible as reasonably possible. The exemption only applies to specific requirements that would cause an undue burden, not to accessibility as a whole.

How to Determine If the Disproportionate Burden Clause Applies to You

To determine if your business is eligible to invoke the Disproportionate Burden Clause under the European Accessibility Act (EAA), you need to perform a formal assessment using the criteria set out in Annex VI of the directive.

Here’s how to determine eligibility:

1. Estimate the cost of compliance
   • Identify which accessibility requirements are costly
   • Calculate the total cost of meeting them
2. Compare to your financial capacity
   • Determine your net turnover
   • Calculate the cost-to-turnover ratio
3. Weigh the benefit to people with disabilities
   • Estimate how many users would benefit from the improvement
   • Consider whether the change improves core services or minor features

Your business may be eligible to invoke the Disproportionate Burden Clause if:

• The cost of compliance is unreasonable relative to your turnover or resources, and
• The benefit to users is limited in scope or significance

How to Apply the Disproportionate Burden Clause

Once you have performed a formal assessment and determined that certain accessibility requirements would impose a disproportionate burden, you’ll need to follow a few key steps to apply the clause properly:

1. Document your assessment
   • Identify the specific accessibility requirements that cannot be met
   • Include a cost analysis, company turnover, and a benefit assessment (as outlined in Annex VI)
   • Justify why full compliance is not reasonable
2. Notify the relevant national authorities
   • Inform authorities in each EU country where the product or service is offered
   • This is a notification only, not a request for approval
   • You do not need to submit your documentation unless specifically asked (Recital 68)
3. Keep records ready for inspection
   • If requested by the national authority, provide your full assessment
   • Authorities will only review your justification during market surveillance (Article 19)
   • If an exemption is used improperly, authorities may take enforcement action.

Note that authorities do not formally approve or reject the exemption unless they choose to investigate. Your use of the Disproportionate Burden Clause is considered valid as long as the assessment is properly documented, reasonable, and limited to what is strictly necessary.

How to Show and Maintain the Disproportionate Burden Exception

If you’re claiming an exemption, you’ll need to clearly state which accessibility requirements weren’t met. This document must be written in the official language of each EU country where your product is sold, and it needs to stay up to date.

Here’s everything you need to do:

• Update official documentation
  • For services, mention the exemption in your accessibility statement
  • For products, state the exemption in your EU Declaration of Conformity
• Keep your records
  • Store your assessment documentation for at least 5 years
  • Be ready to provide it if requested by national authorities
• Review and reassess
  • For services, reassess at least every five years, or sooner if the service changes
  • For products, reassess when releasing new versions or if your capacity improves

Once you’ve updated your records and declarations, your responsibilities under the Disproportionate Burden Clause are largely complete, for now. 

Just remember to keep everything up to date and be prepared to reassess if your situation changes. Staying transparent and proactive ensures you’re meeting your obligations while balancing accessibility with practicality.

Beyond the Exemption

Even if you invoke the Disproportionate Burden Clause, you’re still required to meet all other applicable accessibility requirements. The clause is not a free pass to ignore accessibility; it’s a safety valve for very specific, well-justified cases.

That’s where WebYes comes in.

We help you identify accessibility issues (not all) on your website and provide AI-powered solutions you can review and apply directly to your code. You can then follow up with manual testing and fixes to bring your site fully in line with EAA requirements.

Start improving your website’s accessibility today with WebYes – and get EAA compliant before the European Accessibility Act deadline.