If you are a micro enterprise, you’re fine. Just sit back and chill.

E-commerce in traditional sense is pretty straight-forward. If you’re selling products or services and accepting payments online, you have an e-commerce service. But what if your company website doesn’t directly sell anything? For example, it mainly serves as a platform for clients to learn about your services, schedule appointments, and simply get in touch. Imagine a law firm, a veterinary practice, or an events planning company – do you still count as an e-commerce service according to the European Accessibility Act (EAA)?

The short answer is yes. But how come?

“E-commerce services” Defined

According to the European Accessibility Act (EAA), and its German counterpart, Barrierefreiheit-Stärkungsgesetz (BFSG):

“e-commerce services” means 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.

A business website with appointment booking features and contact forms that a potential customer can use to reach out to the business – these are tools that facilitate a commercial activity, which can eventually lead to a business relationship, or contract. It fits the idea of the key phrase “… at the individual request of a consumer with a view to concluding a consumer contract”.

Acknowledging The Grey Area

It’s common to feel uncertain about whether we fall under the scope of “e-commerce services.” The EAA’s broad and somewhat vague definition leaves room for varied interpretations. This ambiguity can naturally lead to pushback, especially given that accessibility work is often complex and resource-intensive. Some may argue that the EAA’s intent is to regulate consumer products and traditional e-commerce, not mainly content-driven websites. Others might not view themselves as e-commerce services if their sites have only basic features compared to full-fledged online shops. Websites that primarily serve as marketing tools, where deals are made in person, may challenge the interpretation of “consumer contract” if it’s finalized offline. These are just examples of uncertainties surrounding the scope of “e-commerce services” in the EAA.

When in doubt…

Err on the side of caution.

If a website is set up in a way that could result in a contract or service agreement, it’s safer to consider it an “e-commerce service.” In my opinion, it’s better to shift your focus from debating whether or not you are considered an “e-commerce service”, to planning your path to accessibility. It’s a win-win situation. Regulations will evolve to eventually cover your business, so you’ll already be ahead of the game. At the same time, you will make your brand better, create better user experience for both current and future customers, and broaden your market reach.

Consulting a legal expert may put your mind at ease. But at this point in time, we cannot definitively say what exactly constitutes an “e-commerce service” until a case is brought before the court and a decision is made. We only have the EAA’s definition to guide us. How strict it gets is still up in the air.