EAA notifications

Who can submit a notification?

Anyone who has an account for the AFM Portal for your organization can submit EAA notifications. If you are unable to access the EAA page, it is important that you notify this in a timely manner so that you will be able to submit the mandatory notifications via this portal.

When should you submit a notification?

You must submit a notification to the AFM if you are not compliant with the requirements of the European Accessibility Act, resulting in non-conformity (Article 13(4) of the EAA). You must also submit a notification to the AFM in the event you invoke an exception to the European Accessibility Act. This is possible if compliance with the requirements results in the imposition of a disproportionate burden (Article 14(1)(b) of the EAA) or requires a significant change in a service that results in the fundamental alteration of its basic nature (Article 14(1)(a) of the EAA). The Act outlines specific requirements that apply when any of these exceptions is invoked. Further information on these requirements is set out under ‘requirements in the event of a notification concerning exceptions’ at the bottom of this page.

Timeframe for submitting a notification

The permissible timeframe for submitting a notification depends on the impact of the accessibility issue on consumers. The AFM distinguishes four levels of impact on consumers: critical, significant, moderate and minor.  

• Critical: a critical accessibility issues makes it impossible for consumers with a disability to use the service. These critical accessibility errors cannot be circumvented by consumers. The only option is to close and leave the website.   
• Significant: a significant accessibility issue makes it very difficult for consumers with a disability to use the service. These are major accessibility errors that consumers can only circumvent with considerable effort.   
• Moderate: a moderate accessibility issue makes it harder for consumers with a disability to use the service, but this is no longer (partially) impossible.
• Minor: minor accessibility issues can be easily circumvented by consumers, allowing them to use the service.

Once non-conformity is established, service providers must immediately take corrective action. If the non-conformity cannot be remedied, this must be reported to the AFM within the following timeframes:

• Non-conformity with critical and significant impact levels must be reported no later than one week after detection, unless the non-conformity has already been corrected at that point.
• Non-conformity with moderate and minor impact levels must be reported no later than one month after detection, unless the non-conformity has already been corrected at that point.

If a company invokes an exception on the ground of a disproportionate burden or fundamental alteration, a service provider must notification this within one week of completion of the assessment showing this to be the case.

What information should you report?

You should answer the following questions in the notification form. The questions are about the kind of notification itself (1), the service your notification is about (2) and questions that must be answered in certain notifications (3 and 4). Please follow the instructions below and answer the questions as specifically as possible.

 

1 Does this notification concern (option):  

• Non-conformity (Article 13(4) of the EAA)?
• Disproportionate burden (Article 14(1)(b) of the EAA)?
• Fundamental alteration (Article 14(1)(a) of the EAA)? 

2 Which part of the service does this notification concern?

Indicate (description, max. 5.000 characters) which parts of the service do not comply with the requirements. For example:

• Specify the brand or trade name to which the notification applies.
• Do not only describe the service (e.g. ‘insurance’ or ‘mortgages’) but also specify which components are affected, such as website(s), app(s), documents (PDF, Word, letters), emails or physical products
• Specify the function of the webpage, app, documents, emails or physical product for the consumer.
• Important: If the same issue applies to multiple brand names or parts of the service, these can be combined into one notification. It is important to specify which aspects of the service are affected, as described above. Example: This notification applies to the trade name ‘Institution B.V.’ and concerns the online customer portal on the webpage ‘Submit an application’. It specifically concerns the function ‘Upload document’ during the application process. 

3 Answer only in a notification concerning non-conformity or disproportionate burden:

• In what manner are the services you provide not in conformity with the requirements specified in the EAA? (description, max. 5.000 characters) Specify exactly what the accessibility issues are and where they are located. You can do this, for example, by indicating which WCAG criteria are involved, or, in the case of an app, whether the issue applies to iOS or Android. Example: WCAG 2.1 – Criterion 2.1.1 (Keyboard – A): The ‘Upload document’ button cannot be reached via keyboard navigation. WCAG 2.1 – Criterion 1.4.3 (Contrast – AA): Text labels in the upload screen have insufficient contrast. This applies to the website, iOS app and Android app.
• Optional: How many consumers may be affected as a result of this? Indicate the number of people who visit or use a website or app. Be sure to include the number of people who are not yet customers.
• What is the associated level of impact on consumers? (critical, significant, moderate or minor) As a guideline, the impact can be determined based on the level of the WCAG criteria. A level A criterion has a significant or critical impact, and a level AA criterion has a moderate or minor impact. Example: The impact is significant, as a level A criterion is affected and keyboard users are prevented from completing the application independently.

4 Answer additionally only in case of a notification concerning non-conformity:

• What action is being taken to correct the non-conformity (description, max. 5.000 characters) Specify what actions are being taken to meet the requirements and which departments within the organisation are involved. For example, indicate in which processes this will be incorporated to ensure it is permanently embedded. Example: 
  • The IT department is adjusting navigation, button lay-out, and colour contrast.
  • The UX team is testing the solution with a panel of users with visual impairments.
  • Accessibility is being systematically integrated into the development process using a WCAG checklist.
  • Solutions will be rolled out within 8 weeks; Department X is monitoring progress.
• When do you anticipate the non-conformity to be corrected? (date)  
• Are there equivalent accessible alternatives that can be employed to use the service (e.g. an email address)? (yes/no/partly, with optional explanation, max. 5.000 characters) We see that institutions suggest, for example, that customers can visit a physical office as an alternative solution. This is not an equivalent alternative for people with disabilities, as not everyone is able to visit an office. Example:
  • Customers can submit their requests via accessibility[at]example.nl. These emails are fully accessible for screen readers and are handled with the same priority as other digital requests.
  • Customer service provides support when customers encounter difficulties. Staff members are trained to carry out actions on behalf of the customer and can be contacted by phone and chat.
  • If a customer gets stuck, an alternative channel is offered, such as the option to use a phone number or email address, or to switch from the app to the web environment to complete the task there.

More information

Your notification will always be treated confidentially. A notification of non-conformity with the accessibility requirements or invocation of an exception on the ground of a disproportionate burden or fundamental alteration may prompt the AFM to commence an investigation. As a general rule, the AFM will not contact you after a notification is submitted, unless we have specific questions regarding the notification or its content. For more information, please contact the Business Desk.