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🟠 WHAT IS THE EUROPEAN ACCESSIBILITY ACT?
The European Accessibility Act (“EAA”) was adopted in 2019 and is a directive of the European Union that sets common accessibility requirements for a wide range of products and services, with the aim of making them more accessible to people with disabilities and those with functional limitations It seeks to improve accessibility to relevant information, in order to promote a society that is more inclusive .
Portugal transposed the directive through Decree-Law no. 82/2022 of December 6th (“Portuguese Decree-Law”), which aims to harmonise the requirements applicable to certain products and services. The Portuguese Decree-Law will take effect on June 28, 2025, with regard to products placed on the market and services provided to consumers from that date onwards.
🟠 DOES IT APPLY TO ONLINE GAMBLING OPERATORS?
Yes. While EAA does not specifically reference gambling, its broad scope and definitions strongly suggest that online gambling platforms fall within its material application.
EAA applies to “E-commerce services”, further defined as “services 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”. In addition, some relevant recitals of EAA clarify that the accessibility obligations apply to any service delivered electronically, on-demand, and at the consumer’s initiative, including those involving the online sale of products or services.
Online gambling platforms clearly satisfy these criteria since they operate at a distance, rely on websites or mobile applications, and involve the creation of user accounts through consumer-initiated processes.
As such, online gambling services may be deemed as qualifying as “e-commerce services” within the meaning of the EAA. Moreover, as the Portuguese Decree-Law fully takes on board the definitions and the scope of the Directive, we conclude that the application of the rules to online gambling operators is not impacted by the transposition.
🟠 WHAT OBLIGATIONS WILL THE SERVICE PROVIDERS HAVE TO COMPLY WITH?
Both the EAA and the national Decree-Law set out the specific obligations that service providers must comply with, namely:
- Accessible user interface: The content and functionalities must be perceivable, operable, understandable, and robust (e.g. compatible with screen readers).
- Accessible payment and authentication processes: User verification or payment systems must be accessible to persons with disabilities.
- Public accessibility statement: A clear explanation of how the service meets the requirements must be published in accessible formats and made available through the platform’s terms and conditions or equivalent document.
- Feedback mechanism: Users must have an accessible channel to report issues or request information in alternative formats.
- Monitoring and corrective measures: Ongoing compliance must be ensured (e.g., when updating the platform) and corrective measures must be adopted where needed, informing the relevant Portuguese authority.
- Documentation and cooperation with regulators: Documentation demonstrating accessibility compliance must be maintained and provided to regulators upon request.
🟠 WILL EXISTING USER ACCOUNTS BE AFFECTED?
Yes, but with flexibility. All existing contracts concluded before 28 June 2025 may remain in force without modification until they expire, subject to a maximum continuation period of five years (i.e., until 28 June 2030).
Given that online gambling services are typically provided under open-ended user accounts, these are treated as contracts of indefinite duration. As such, they may remain in place until 28th June 2030 without immediate need for accessibility updates, offering a degree of operational continuity while platforms work toward compliance.
🟠 HOW CAN SERVICE PROVIDERS DEMONSTRATE COMPLIANCE?
Both the EAA and the Portuguese Decree-Law recognize a presumption of conformity for services that comply with harmonized European standards, as published in the Official Journal of the EU.
In practical terms, this means that compliance with EN 301 549 — the EU’s key accessibility standard for digital technologies (including websites, mobile applications, and authentication systems) will be considered sufficient evidence of meeting the Directive’s requirements, unless shown otherwise.
🟠 ARE THERE ANY EXEMPTIONS?
Yes, the law provides for certain exemptions from the applicability of these accessibility requirements — namely:
- If the company qualifies as a microenterprise (defined as employing fewer than 10 people and having an annual turnover or balance sheet total not exceeding EUR 2 million), or
- If compliance with such requirements would fundamentally alter the nature of the service or impose a disproportionate burden on the provider. In this scenario providers are required to carry out and document an internal assessment to justify the exemption.
🟠 CONCLUSION
Although not specifically aimed at the gambling sector, the EAA will have a material impact on online gambling operators due to the inclusion of e-commerce services within its scope.
Recognizing the relevance of the EAA now allows operators to strategically plan for compliance, minimize legal risk, and align their services with broader goals of digital accessibility and inclusion.