Accessibility Requirements in Procurement

Accessibility requirements in procurement translate disability rights law into practical obligations on what governments buy. When a public authority purchases a digital service, a piece of office furniture, a transport system, or a public building, accessibility requirements ensure that the outcome can be used by everyone, including the approximately 100 million people with disabilities living in the EU. Getting these requirements right benefits not only users with permanent disabilities but also older adults, people with temporary injuries, and people in situationally limiting environments such as bright sunlight or noisy offices.

What are accessibility requirements in procurement?

Article 42(1) of Directive 2014/24/EU requires that, where a contract is intended for use by natural persons, the technical specifications shall take into account accessibility criteria for people with disabilities or design for all users, except in duly justified cases. This is a mandatory consideration for relevant contracts, not an optional add-on.

The European Accessibility Act, Directive 2019/882/EU, which member states were required to transpose by June 2022 with product and service obligations applying from June 2025, significantly expands the mandatory accessibility baseline for key product and service categories. These include computers and operating systems, ticketing machines, ATMs, e-readers, telecoms services, banking services, e-books and software, e-commerce, and passenger transport services. For contracting authorities procuring these categories, compliance with Directive 2019/882/EU is not only a procurement obligation but a legal requirement applicable to the supplied product or service itself.

Technical standards for accessibility in procurement are primarily drawn from the European standard EN 301 549, which covers the accessibility requirements for ICT products and services and incorporates WCAG 2.1 (Web Content Accessibility Guidelines) at level AA for digital content. The EU's Web Accessibility Directive 2016/2102 already requires public sector websites and mobile applications to meet EN 301 549 standards and publish accessibility statements.

In the UK, the Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018 implement equivalent requirements. The Equality Act 2010 creates a duty to make reasonable adjustments to goods and services provided to the public, which procurement officers must factor into technical specifications.

Why it matters for bidders

For suppliers, accessibility requirements create clear specification obligations. A digital platform procured by a contracting authority must meet EN 301 549 and WCAG 2.1 AA as a minimum for ICT. Failure to comply can result in contract performance failures even if the core functionality is delivered. Conversely, suppliers who can demonstrate robust, tested accessibility as a standard feature of their product have a genuine competitive advantage in markets where this is an award criterion.

For innovation-friendly procurement contexts, accessibility is increasingly framed as a quality and innovation indicator rather than a compliance checkbox, rewarding suppliers who go beyond minimum standards.

Example

A Finnish city authority procures a public transport journey planning app under a three-year service contract. The technical specification requires full compliance with EN 301 549 and WCAG 2.1 AA, compatibility with leading screen reader software on both iOS and Android, and support for high-contrast display modes. The award criteria include 15 percent weighting for demonstrated accessibility, assessed through a live testing session with a panel of users with visual and cognitive disabilities during evaluation. Two bidders who meet the minimum standard but offer no additional accessibility features score identically on that criterion; a third bidder who has integrated audio description and simplified journey planning modes scores above the maximum threshold level and wins the accessibility component outright.

Frequently Asked Questions

Are accessibility requirements mandatory for all public contracts?

The mandatory consideration under Article 42 of Directive 2014/24/EU applies to contracts "intended for use by natural persons," which covers most goods and services procured for public use. Works contracts for public buildings, ICT services, transport, and health services are clearly covered. Pure back-office procurement where there is no direct interface with the public may be treated differently, but the default should be to consider accessibility for any user-facing output. The European Accessibility Act creates mandatory product-level standards for specified categories regardless of who the end user is.

What happens if accessible products cost more than non-accessible alternatives?

Accessibility cannot be traded off against price in a way that results in a non-accessible output: it is a specification requirement, not an award criterion (though it may feature in both). Where accessible products carry a genuine cost premium, contracting authorities should reflect this in budget planning. The long-term cost of procuring inaccessible systems, including the cost of remediation and the reputational and legal exposure, typically far exceeds the cost of specifying accessibility from the outset.

Can an SME compete effectively on accessibility?

Yes. Accessibility is a technical quality dimension, not a scale advantage. A specialist SME with deep expertise in assistive technology or accessible design may outperform large IT contractors on this criterion. The key is evidencing accessibility through testing, certification, and user research rather than through assurances alone.