Agency liability playbook, Part 2: The EAA manufacturer vs service-provider trap
Under EU accessibility law, role classification matters. Depending on service design and market position, an agency may assume responsibilities that resemble an economic-operator role in specific engagements.
Where Agencies Misclassify Risk
The common mistake is assuming "we are only a vendor" without reviewing actual operational role:
- who controls product decisions
- who places the service on the market
- who issues conformance-facing representations
When those functions are agency-controlled, exposure can increase materially and should be assessed per jurisdictional transposition.
Practical Governance For EU-facing Work
- define legal role assumptions in contract exhibits
- map responsibilities for statements, testing, and remediation
- track cross-border deployment and authority contacts
- align controls with ongoing conformance obligations
Claim-level Citation Notes
- Claim: EAA defines in-scope products/services and imposes enforceable obligations.
- Source: Directive (EU) 2019/882
- Claim: EAA applicability from June 2025 shifted expectations from planning to execution.
- Source: European Commission announcement (June 27, 2025)
- Claim: Market-surveillance structures coordinate enforcement across the EU.
- Source: European Commission: Market Surveillance Organisation
- Claim: Technical conformance work is typically mapped to WCAG criteria.
- Source: W3C WCAG 2.2 Recommendation