Key Takeaways
- 1The EAA is already being enforced — France, Netherlands, Sweden, and Germany have all taken regulatory action since June 2025
- 2It applies to any business selling into the EU — US companies are not exempt by geography
- 3The technical standard is EN 301 549 / WCAG 2.1 AA — the same standard that satisfies US ADA requirements
- 4Penalties include daily fines, product bans, and public non-compliance listings — enforcement varies by country
- 5Germany has explicitly rejected accessibility overlays for EAA compliance — overlays disqualify you from certification
What Is the European Accessibility Act?
The European Accessibility Act (Directive 2019/882) is an EU directive that establishes common accessibility requirements for key products and services across all 27 EU member states. It was adopted in 2019, with member states given until June 28, 2022 to transpose it into national law, and an enforcement deadline of June 28, 2025.
Unlike the Americans with Disabilities Act (ADA), which is a single federal law enforced through private litigation and DOJ action, the EAA is a directive — meaning each EU country implements it through its own national legislation. The goal is harmonization: creating a unified set of accessibility requirements so businesses can sell accessible products across the entire EU without navigating 27 different standards.
The EAA's scope is broader than most US businesses realize. It doesn't just cover websites — it encompasses e-commerce platforms, banking services, smartphones, computers, ATMs, payment terminals, e-books, ticketing systems, and audiovisual media services. If your product or service falls into any of these categories and reaches EU consumers, the EAA applies to you.
Why the EAA Applies to US Businesses
Here's the critical detail many US companies overlook: the EAA applies to any enterprise that provides covered products or services within the EU, regardless of where the company is headquartered. This is explicitly stated in the directive and confirmed by the European Commission.
If you're a US-based SaaS company with European customers, an e-commerce brand shipping to EU addresses, a fintech serving EU bank accounts, or a streaming service available in EU countries, you fall under the EAA's jurisdiction.
US Business Scenarios Where the EAA Applies
E-commerce selling to EU customers
If your checkout flow, product pages, or customer service portals are used by EU consumers, they must be accessible under the EAA.
SaaS products with EU subscribers
Cloud-based software delivered to EU businesses or consumers must meet accessibility requirements, including the product interface, documentation, and support.
Financial services serving EU markets
Banking apps, payment processors, and fintech platforms operating in EU markets must ensure accessible interfaces, transactions, and communications.
Hardware sold in EU markets
Smartphones, computers, tablets, e-readers, and payment terminals must meet physical and digital accessibility requirements.
Streaming and media services
Audiovisual media services available in EU countries need accessible players, captions, audio descriptions, and accessible program guides.
Think of it like GDPR — another EU regulation that US businesses had to comply with because they processed data from EU citizens. The EAA follows the same principle: if you serve EU consumers, EU law applies to you.
Products and Services Covered by the EAA
The EAA covers products and services identified as most important for people with disabilities and most likely to have divergent accessibility rules across EU countries.
📦 Products
- •Computers and operating systems
- •Smartphones and communication devices
- •TV equipment for digital television services
- •ATMs, payment terminals, and ticketing machines
- •E-readers
- •Self-service terminals and check-in machines
🌐 Services
- •E-commerce (online shopping)
- •Banking and financial services
- •Telephony and communication services
- •Audiovisual media services
- •E-books and digital publishing
- •Air, bus, rail, and waterborne passenger transport
- •Electronic ticketing services
💡 Key distinction: The EAA covers both the digital interface and the service itself. For e-commerce, this means your website, mobile app, checkout flow, order confirmation emails, customer service chatbot, and return process all need to be accessible.
The Technical Standard: EN 301 549 and WCAG
The EAA references the four principles of web accessibility — Perceivable, Operable, Understandable, and Robust (POUR) — but doesn't mandate a specific technical standard. In practice, however, the implementation across EU countries is converging on EN 301 549, which incorporates WCAG 2.1 Level AA.
For US businesses already familiar with WCAG from ADA compliance efforts, this is good news: the same standard that protects you from ADA lawsuits in the US also satisfies the core EAA requirements in Europe. One investment in accessibility serves two regulatory regimes.
Understanding the Standards Hierarchy
EN 301 549 (Harmonized EU Standard)
The comprehensive ICT accessibility standard adopted across the EU. It incorporates all of WCAG 2.1 AA plus additional requirements for non-web content like documents (PDFs), mobile apps, hardware, and self-service terminals. An update to include WCAG 2.2 is expected in 2026.
WCAG 2.1 Level AA (Web Standard)
The W3C's Web Content Accessibility Guidelines, used globally as the benchmark for web accessibility. 78 success criteria across 4 principles. This is the same standard referenced in US ADA settlements and the DOJ's Title II rule.
WCAG 2.2 AA (Recommended)
The latest version (October 2023) adds 9 new success criteria. While not yet formally required under EAA, Deque and other experts recommend testing against WCAG 2.2 AA to future-proof compliance as EN 301 549 is updated.
The critical takeaway: if you're already WCAG 2.1 AA compliant for ADA purposes, you're most of the way to EAA compliance. The additional EN 301 549 requirements primarily affect non-web content — downloadable documents, mobile app-specific interactions, and hardware accessibility.
Enforcement Is Already Happening: Country-by-Country Breakdown
If anyone doubted whether the EAA would be enforced, those doubts are now gone. Within the first eight months of the enforcement deadline, at least six EU/EEA countries have taken concrete regulatory action.
Netherlands: Mandatory Non-Conformance Reporting
The Dutch Authority for Consumers and Markets (ACM) launched a letter campaign to businesses and established a mandatory non-conformance reporting deadline of October 15, 2025. Companies that don't meet accessibility requirements must report their specific failures and submit a credible remediation plan.
The reporting requirements are strict: critical or serious issues must be reported within one week of detection. Moderate or minor issues within one month. Companies that failed to report were flagged for priority audits in early 2026.
"There is a very big gap between the status of the industry and compliance with EAA. We will select businesses that didn't reply and seem to be underperforming. We will do further investigations and, if needed, take further enforcement measures."— Hanneke van Rooijen, ACM Senior Supervisory Officer
France: Lawsuits Against Major Retailers
In July 2025, French disability organizations (ApiDV and Droit Pluriel), supported by legal collective Intérêt à Agir, issued formal demands against Auchan, Carrefour, E.Leclerc, and Picard Surgelés for inaccessible online grocery services.
When the retailers failed to comply by the September deadline, a summons for interim relief was filed in November 2025 before the Commercial Court. The case was accompanied by a public campaign with press releases and social media visibility — exposing the defendants to both legal liability and reputational damage.
Legal experts note the plaintiffs chose interim proceedings (focused on compliance, not damages) to secure a judgment quickly — a strategy that could be replicated across the EU.
Sweden: Market Surveillance of Products and E-Commerce
The Swedish Post and Telecom Authority (PTS) announced market surveillance of laptops, smartphones, and tablets under the EAA, inspecting products from both bestsellers and budget brands. The PTS has also begun its first regulatory cases specifically related to e-commerce, with inspections continuing through 2026.
Germany: Overlays Rejected, BIK Certification Denied
German BIK testing centers (the standard for BITV 2.0/EN 301 549 conformance assessment) have explicitly stated that websites using accessibility overlays cannot receive BIK certification. Since BIK audit reports are widely recognized by regulators as evidence of compliance, this effectively means overlays are disqualifying under German EAA enforcement.
Norway: Daily Fines for Non-Compliance
While not an EU member, Norway follows EU regulations closely. The Norwegian Health Authority fined HelsaMi — a medical app used by nearly 500,000 residents — for accessibility non-compliance. After the initial deadline passed with unresolved errors, they imposed daily fines of 50,000 kroner (~$5,360 USD). This demonstrates how enforcement will escalate: notification → correction order → daily penalties.
Czech Republic: Public Non-Compliance Lists
The Czech supervisory authority plans to publish lists of non-compliant products and services publicly, enabling market surveillance, consumer awareness, and reputational pressure on non-compliant businesses.
Ireland: Consumer Complaints Being Processed
ComReg (Commission for Communications Regulation) has begun processing consumer complaints, including one against Three — Ireland's largest mobile telecommunications provider. Notably, Three responded actively after formal processing of the complaint, indicating companies do take regulatory action seriously.
EAA vs. ADA: Key Differences for US Businesses
Understanding the differences between these two regimes is critical for US businesses operating in both markets.
📋 Enforcement Model
ADA (United States)
Enforced through private lawsuits and DOJ intervention. 8,667 federal lawsuits in 2025. Plaintiffs can sue directly without government intermediary.
EAA (European Union)
Enforced by Market Surveillance Authorities (MSAs) in each member state. Disability organizations can also bring legal action. Government-led enforcement plus private action.
📐 Technical Standard
ADA
No specific technical standard mandated. WCAG 2.1 AA is the de facto standard used in settlements and DOJ Title II rules. The DOJ has notably stated it "does not endorse WCAG as the appropriate or necessary standard" under Title III.
EAA
References EN 301 549, which incorporates WCAG 2.1 AA plus additional requirements for non-web content. Some countries cite WCAG 2.1 AA directly. Clear, defined technical benchmark.
📊 Reporting Requirements
ADA
No mandatory reporting. Businesses typically only address accessibility after receiving a demand letter or lawsuit. Documentation helps as a defense but isn't required.
EAA
Conformity declarations required. Some countries (like the Netherlands) mandate non-conformance reporting with strict timelines. Businesses must publicly document compliance status in terms of service.
🏢 Scope
ADA
Primarily websites and mobile apps of "places of public accommodation." Title II covers state/local government websites with an April 24, 2026 deadline.
EAA
Websites, mobile apps, e-commerce, banking, telecom, transport, e-books, hardware (phones, computers, ATMs, kiosks), audiovisual media. Significantly broader scope.
✅ The silver lining: Because both the ADA and EAA converge on WCAG 2.1 AA as the technical benchmark, a single accessibility program can satisfy both. Your investment in WCAG compliance serves double duty — protecting you from US lawsuits while meeting EU regulatory requirements.
Germany Rejects Accessibility Overlays for EAA Compliance
In one of the most significant enforcement developments, German BIK testing centers — whose audit methodology is widely recognized by regulators as evidence of accessibility compliance — announced that websites using accessibility overlays cannot receive BIK certification.
"For websites that use an overlay tool, the BIK testing centers cannot currently make a reliable statement regarding conformity according to EN/WCAG. For this reason, the test results of such offerings can no longer be published or provided with a BIK test seal."— German BIK Testing Centers, December 2025
This is a devastating blow to the accessibility overlay industry. Products like accessiBe, UserWay, AudioEye, and dozens of others have marketed themselves as quick-fix compliance solutions. But overlays don't modify the underlying source code or semantic structure of a website — they add a layer on top that often conflicts with screen readers, masks structural problems, and prevents proper audits.
This follows the FTC's $1 million fine against accessiBe in the United States and over 1,000 accessibility experts signing the Overlay Fact Sheet opposing these products. Germany's BIK decision is the first formal regulatory-adjacent rejection of overlays in the EAA context.
⚠️ If you're using an overlay for EAA compliance, stop. It won't protect you from enforcement, and in Germany it actively disqualifies your website from receiving the certification used to demonstrate compliance. Invest in code-level accessibility instead.
Penalties for Non-Compliance
The EAA directive mandates that penalties must be "effective, proportionate, and dissuasive" — but leaves specific amounts and mechanisms to each member state. Based on early enforcement actions, here's what non-compliance can look like:
💰
Financial Penalties
Daily fines (Norway: ~$5,360/day), lump-sum penalties, and compulsory correction orders with escalating costs
🚫
Product/Service Bans
Non-compliant products can be banned from the EU market. Services can be ordered to cease operations until compliance is achieved
📋
Public Exposure
Public lists of non-compliant companies (Czech Republic), press campaigns by disability organizations (France), brand damage
The EAA also creates multiple pathways for complaints — individuals can report to regulators, disability organizations can bring legal action, and monitoring bodies themselves can initiate investigations. This creates a wider net of enforcement than the purely litigation-driven ADA model.
Exemptions and Exceptions
The EAA includes two categories of exemptions, though neither is as broad as some businesses assume:
Microenterprise Exemption
Companies with fewer than 10 employees AND annual turnover or balance sheet under €2 million (~$2.1M USD) are exempt from the EAA's service-related accessibility requirements. Note: this only applies to services. Product accessibility requirements apply regardless of company size.
For most US companies selling into the EU, this exemption won't apply — if you have the resources to operate internationally, you likely exceed these thresholds.
Disproportionate Burden Defense
Organizations can claim an exemption if they can document that accessibility compliance costs would be "significantly more than the value of the increased accessibility." However, this defense requires extensive documentation and is assessed on a case-by-case basis. Regulators will consider the size and resources of the business, the estimated costs, and the benefits to people with disabilities.
In practice, this defense is rarely successful for businesses with reasonable resources — it's designed for genuinely edge cases, not as a general opt-out.
Your EAA Compliance Roadmap: 6 Steps for US Businesses
If your US business serves EU customers, here's your action plan for achieving and maintaining EAA compliance:
Audit Your Current Accessibility Status
Run automated WCAG 2.1 AA scans across your website, web app, and mobile app. Focus on your most-trafficked EU-facing pages first — product pages, checkout flows, account management, and customer service. This gives you a baseline and identifies your biggest compliance gaps.
Identify Which EU Markets You Serve
Map your EU customer base by country. Each member state has its own enforcement authority and potentially different specific requirements. If you serve the Netherlands, France, Germany, or Sweden — the countries with the most active enforcement — prioritize compliance for those markets first.
Remediate Critical Issues
Fix the most impactful WCAG failures first: missing alt text, broken keyboard navigation, insufficient color contrast, missing form labels, and missing page language declarations. Think like an auditor — EU regulators will likely start with automated testing of your most public pages.
Set Up Continuous Monitoring
Accessibility isn't a one-time fix. Website changes, new features, and third-party integrations can introduce new issues at any time. Continuous monitoring catches regressions before regulators do — and provides the documented compliance history that enforcement authorities expect.
Prepare Your Conformity Documentation
The EAA requires service providers to explain in their terms of service how their product meets accessibility requirements. Prepare an accessibility statement for your EU-facing properties, document your testing methodology, and maintain records of remediation efforts. If you operate in the Netherlands, understand the non-conformance reporting requirements.
Don't Forget Non-Web Content
EN 301 549 goes beyond WCAG. Review your PDFs, downloadable documents, email communications, and mobile app-specific interactions. If you sell hardware in the EU, review the physical accessibility requirements for your products (keyboards, payment terminals, self-service kiosks).
The Dual Compliance Advantage: One Program, Two Regimes
Here's the strategic insight that smart US businesses are leveraging: because the ADA and EAA both converge on WCAG 2.1 AA as the technical benchmark, a well-designed accessibility program satisfies both regulatory regimes simultaneously.
❌ The Expensive Path
- •Ignore EAA, hope you're not targeted
- •React to enforcement: emergency audits, legal defense, fines
- •Risk: product bans, public shame lists
- •Separate ADA and EAA compliance programs = double cost
✅ The Smart Path
- •Unified WCAG 2.1 AA program covers both ADA and EAA
- •Continuous monitoring catches issues before enforcement
- •Documentation satisfies both US courts and EU regulators
- •Cost: $29–$249/month vs. $50K+ in reactive remediation
Comply with Both the ADA and EAA — From One Dashboard
RatedWithAI provides continuous WCAG 2.1 AA monitoring that satisfies both US ADA requirements and EU EAA standards. Get automated scans, compliance reports, and documented proof of ongoing accessibility efforts — starting at $29/month.
Free scan includes WCAG 2.1 AA compliance check · No credit card required · Results in under 60 seconds
Frequently Asked Questions
Does the European Accessibility Act apply to US companies?
Yes. The EAA applies to any business that provides products or services within the EU, regardless of where the company is headquartered. If your US company sells to EU customers through e-commerce, provides digital banking services, offers streaming media, or sells covered hardware products in EU markets, you must comply.
When did the European Accessibility Act go into effect?
The EAA enforcement deadline was June 28, 2025. All 27 EU member states were required to transpose the directive into national law by that date. Enforcement is now active, with countries like the Netherlands, France, Sweden, and Germany already taking regulatory action against non-compliant businesses.
What is the technical standard for EAA compliance?
Most EU member states are implementing EN 301 549, which incorporates WCAG 2.1 Level AA. EN 301 549 goes beyond web content to include requirements for documents like PDFs, mobile applications, and hardware devices like kiosks and payment terminals. Some countries cite WCAG 2.1 AA directly.
What are the penalties for EAA non-compliance?
Penalties vary by EU member state but must be "effective, proportionate, and dissuasive" per the directive. Real-world examples include daily fines of ~$5,360 USD in Norway for a medical app, mandatory non-conformance reporting with audits in the Netherlands, and legal action from disability organizations in France against major retailers.
Are small businesses exempt from the EAA?
Microenterprises — companies with fewer than 10 employees AND annual turnover or balance sheet under €2 million — are exempt from service-related requirements. However, this exemption is narrow: most US companies selling internationally exceed these thresholds. A "disproportionate burden" defense also exists but requires extensive documentation.
How is the EAA different from the ADA?
The ADA is enforced through private lawsuits, with no mandated technical standard. The EAA is enforced through government Market Surveillance Authorities, references EN 301 549/WCAG 2.1 AA, includes mandatory conformance reporting, and covers a broader range of products and services including hardware, transport, and banking.
Does EAA compliance also satisfy ADA requirements?
Largely, yes. Complying with EN 301 549 (which includes WCAG 2.1 AA) meets or exceeds the de facto technical standard used in US ADA web accessibility settlements. This means one accessibility investment simultaneously strengthens both your US and EU compliance positions.
What should my US business do right now to comply with the EAA?
Start by auditing your digital properties against WCAG 2.1 AA and EN 301 549. Prioritize your most-trafficked EU-facing pages — especially e-commerce checkout flows, product pages, and customer service. Set up continuous monitoring, document everything, and prepare accessibility statements for your EU properties.
Sources
- European Commission — European Accessibility Act (EAA)
- Deque — Early Signs of EAA Enforcement Across Europe (December 2025)
- Deque — Digital Accessibility in a Post-EAA Deadline World (September 2025)
- Lainey Feingold — EAA Enforcement and Implementation Tracker
- Chris Yoong — German Auditors Reject Accessibility Overlays in EAA Context (December 2025)
- Deque — European Accessibility Act Compliance Guide
- Overlay Fact Sheet — 1,000+ Experts Oppose Overlay Products
- Nordic Accessibility Group — EAA Enforcement Tracking
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