Online Onboardig in the accessibility era

Author: Sandra Danciu (Associate) with the review of Rebecca Marina (Counsel), Filip & Company

The onboarding process has traditionally been a functional exercise: collecting personal details, verifying identity, running checks, setting up accounts. Now, in the pursuit of faster and smarter client journeys, financial companies are leaning heavily on artificial intelligence (AI): deploying facial recognition, automated document checks, digital signatures, and instant risk scoring, all with the goal of streamlining user experiences and boosting compliance. 

However, a new challenge is now coming into focus: the collision between digital onboarding using AI-driven technologies and accessibility requirements in the European Union. Are these systems genuinely usable for every client, including those with disabilities? Like many other emerging technologies, businesses need to be aware of the potential blind spots created by AI-driven processes; in the context of financial services, those blind spots can quickly translate into regulatory exposure, reputational harm, and exclusion of customers. 

1. Accessibility: the new regulatory frontier

The EU Accessibility Act (Directive (EU) 2019/882) (the “EAA”), which came into effect on 28 June 2025, shifts accessibility from “best practice” and “social responsibility” to a binding legal standard for digital service providers. For essential services such as banking, onboarding flows that exclude individuals with disabilities are no longer just inconvenient, they are deemed legally non-compliant. 

Romania implemented the EAA by adopting Law no. 232/2022 on accessibility requirements for products and services (the “Romanian Accessibility Law”). The Romanian Accessibility Law applies broadly across both digital and physical touchpoints. This includes consumer banking services, such as credit agreements, online payment services, and other services linked to a payment account, including account opening and e-money services. It also extends to self-service terminals, from ATMs and payment terminals to ticketing machines and self-service terminals providing information.

In addition to defining accessibility requirements, the Romanian Accessibility Law provides for conformity assessment procedures, exemptions in cases of disproportionate burden, and supervision and sanctions for non-compliance. The law entered into force on 28 June 2025, applying to all newly placed products and services. By doing so, Romania aligns itself with the EU framework to create a consistent, barrier-free market for consumers with disabilities.

For businesses that rely on digital onboarding, accessibility by design is no longer optional — it is a regulatory benchmark that supervisors, and eventually authorities and courts, will enforce. 

2. Accessibility beyond user experience

The challenge of ensuring accessibility compliance multiplies when institutions rely on third-party onboarding providers, fintech APIs, or outsourced KYC/AML platforms. In these cases, banks and fintechs may not have direct control over how accessibility standards are implemented. Yet, if these external systems fail to meet the requirements of the EAA and the Romanian Accessibility Law, the liability does not disappear, institutions remain responsible, even when compliance failures originate deep within their vendor ecosystem. This creates a dual challenge of managing external dependencies while maintaining full regulatory accountability.

Moreover, embedding AI into the systems raises further regulatory and ethical challenges. For instance, can algorithm-based tools be audited for accessibility in the same way they are audited for fairness or bias? How can accessibility requirements be reconciled with automated fraud-detection processes that may incorrectly flag or exclude disabled users?

The scope of EAA extends far beyond websites or platforms. It touches every point of a user’s digital interaction with services, meaning that the entire onboarding journey must be evaluated through an accessibility lens:

• if identity verification is performed through AI-powered biometrics, can individuals with visual impairments or motor limitations complete the process without needing assistance?

• if onboarding relies on mobile applications, do those apps meet accessibility standards for screen readers and alternative navigation methods?

• if automated chatbots handle client questions during onboarding, are they designed with accessible inputs and outputs, or do they inadvertently exclude a portion of potential users? 

• is the digital signature platform compatible with assistive technologies?
  

Every digital touchpoint is a potential compliance risk, and every gap is a point where a customer can be excluded. Failure to meet the requirements of the EAA and the Romanian Accessibility Law may result in penalties for financial institutions and service providers, as well as suspension of business activity for the duration of non-compliance with the law, or suspension or revocation of licenses and authorisations while the non-compliant practice persists.

3. Turning Compliance into a Strategic Advantage

The EAA and the Romanian Accessibility Law are more than a compliance checkbox. They represent a structural shift that forces financial institutions to rethink what onboarding truly means. Success can no longer be measured by speed alone; equity of access has become equally important, ensuring every customer can complete the onboarding journey independently. User experience design must evolve into compliance-driven design, with accessibility audits sitting alongside KYC and AML checks in the institution’s toolkit. And institutions can no longer take vendor assurances at face value: accessibility clauses, independent verification, and robust contract provisions are essential in technology procurement.

Those that fail to embed accessibility risk regulatory penalties, litigation, and reputational harm, while institutions that act decisively can turn compliance into a competitive advantage, demonstrating leadership in ethical, inclusive, and technologically advanced financial services. Inclusive onboarding expands market reach by removing digital barriers for millions of potential customers, and signals a commitment to ESG principles, strengthening credibility with investors. 

The future of onboarding will be defined not by speed or automation alone, but by accessibility, fairness, and accountability.