Does the European Accessibility Act Apply to B2B? A Scope Test for SaaS and Hybrid Businesses

"We're B2B, so the European Accessibility Act doesn't apply to us." It is one of the most common things said in EAA scoping meetings, and it is sometimes true. But plenty of companies that describe themselves as B2B turn out to have consumer-facing surfaces that fall squarely within the law.

This guide gives the short answer, explains the consumer test the EAA is built on, and walks through a practical scope test with worked scenarios for SaaS and hybrid businesses. It is general information, not legal advice; borderline cases deserve a lawyer's view.

The short answer

• Purely B2B services are generally outside the EAA. The Act's service obligations attach to services provided to consumers.
• "B2B" is often not purely B2B. Self-serve plans, public checkouts, sole-trader customers with mixed use, and software your clients use to serve consumers can all create exposure - either directly under the law or indirectly through contracts.
• Out of scope legally rarely means out of scope commercially. Enterprise and public-sector buyers increasingly require EN 301 549 conformance in procurement regardless of the EAA.

The consumer test

The EAA (Directive (EU) 2019/882) is framed around consumers. A consumer is a natural person who buys or uses a product or service for purposes outside their trade, business, craft or profession.

The services it covers are specific:

• electronic communications services
• services providing access to audiovisual media services
• elements of air, bus, rail and waterborne passenger transport services
• consumer banking services
• e-books and dedicated software
• e-commerce services

Products - such as consumer computers and operating systems, smartphones, e-readers, and self-service terminals like ATMs and ticket machines - have their own requirements.

Two points follow. First, if a service is not one of these categories, the EAA does not cover it, whoever the customer is. Second, if it is in one of these categories but provided only to businesses, it is generally outside scope. As industry guides note, a company selling exclusively to other businesses with no consumer engagement is usually out of scope for its digital properties (iubenda; Recite Me).

There is also an exemption for microenterprises providing services: fewer than 10 employees and annual turnover or balance sheet total of no more than EUR 2 million.

Where "B2B" breaks down

Self-serve checkouts

Most SaaS in 2026 has a self-serve motion: a public pricing page, card checkout, a plan anyone can buy. If a private individual can buy your product online, that purchase flow looks a lot like the e-commerce service the directive covers (BuildMVPFast). The question is not how you describe your market, but who can actually complete the transaction.

Mixed-use buyers

A freelancer buying a tool purely for client work is generally not a consumer. But where a product is used partly privately and private use predominates, the buyer may still qualify as a consumer. Productivity, design, note-taking, storage and communication tools are the usual grey zone.

Software that serves your clients' consumers

White-label e-commerce platforms, online banking software, ticketing and booking engines, e-reader apps and checkout components are often sold B2B but used by your clients to deliver in-scope consumer services. Your client is typically the regulated service provider. But their obligation becomes yours through contracts, procurement questionnaires and requests for an Accessibility Conformance Report. In practice, these vendors are among the most exposed companies in the market.

Hybrid businesses

A wholesaler with a public-facing web shop, or a bank with both corporate and retail customers, is in scope for the consumer-facing parts even if most revenue is B2B. The consumer-facing journey has to comply; internal and business-only tools generally do not.

A six-question scope test

Work through these in order.

1. Is the service in one of the EAA categories? (e-commerce, consumer banking, electronic communications, audiovisual media access, passenger transport elements, e-books.) If no, the EAA services rules are unlikely to apply - though product rules might.
2. Can a private individual complete a purchase or sign-up? Check your pricing page, checkout and terms, not your marketing persona. If yes, treat the purchase journey as potentially in scope.
3. Who uses the interface? If your clients' end users are consumers - shoppers, bank customers, passengers, readers - expect contractual flow-down even if you are not the legally obligated party.
4. Is private use predominant for a meaningful share of buyers? If you cannot rule it out, treat those journeys as in scope.
5. Are you a microenterprise providing services? Under 10 staff and no more than EUR 2 million turnover or balance sheet means the services obligations do not apply - but check again as you grow, and remember it does not protect you from customer requirements.
6. Do you sell to the public sector or large enterprises? Public buyers in the EU reference EN 301 549 in procurement, and public bodies are also bound by the Web Accessibility Directive. Enterprise buyers increasingly copy those requirements.

Worked scenarios

HR or payroll SaaS sold to employers. Employees use it, but as part of their job; buyers are companies. Generally out of EAA scope. Expect procurement requirements from larger customers and the public sector anyway.

Self-serve design or productivity tool with a monthly card plan. Anyone can sign up. The purchase and account flows are likely in scope as an e-commerce service; conservative teams treat the core product experience as a priority too.

White-label e-commerce platform. The merchant is the regulated service provider, but the storefront, cart and checkout your platform generates are exactly what regulators test. Contractual and commercial exposure is high.

B2B wholesaler with a public web shop. The public shop is in scope. The trade portal behind a business login generally is not - provided consumers genuinely cannot use it.

Payments or banking API. Pure APIs have no user interface, but hosted checkout pages, payment widgets and card-management screens that your clients embed for consumers will face the same flow-down as white-label platforms.

Enforcement context

The EAA has applied since 28 June 2025 and has been transposed across the member states. Enforcement is national: France saw its first court actions against retailers in late 2025, German competitors are sending warning letters under the BFSG, and other authorities have announced 2026 activity. We cover this in detail in our year-one enforcement review and our BFSG update. None of the early actions has involved a pure B2B service - but several involve exactly the self-serve and hybrid journeys described above.

If you are in scope

• Identify the consumer-facing journeys: discovery, pricing, sign-up, checkout, account management, support, and communications.
• Test them against WCAG 2.1 AA via EN 301 549, ideally targeting WCAG 2.2 AA.
• Publish an accessibility statement for the in-scope service.
• Fix at the design-system level so consumer and business surfaces improve together.

If you are out of scope

• Document your reasoning. A one-page scope assessment that answers the six questions is valuable when a customer, auditor or regulator asks.
• Re-check when your go-to-market changes. Adding a self-serve plan can change the answer overnight.
• Prepare an ACR anyway. Enterprise and public-sector procurement will ask for one long before a regulator does.

The bottom line

The EAA is a consumer law, and pure B2B services are generally outside it. But the label "B2B" is not a legal test. Who can buy, who uses the interface, and what your clients do with your software decide your exposure. Run the scope test honestly, write down the answer, and remember that the market is moving towards accessible software whether or not the law reaches you directly.