EU Accessibility Act and US Businesses

Bywdwalrus

The European Accessibility Act (EAA) is an EU directive (in effect June 28, 2025) that requires many products and services – including digital ones – to be accessible to people with disabilities. Covered items include websites, mobile apps, e-commerce platforms, and related services in industries like commerce, banking, transport, and telecoms. Crucially, the law applies to any company selling or providing covered products/services in EU markets, no matter where it is based. As one law firm notes, the EAA has “extra‑territorial reach,” meaning a US company must comply if it offers in-scope goods or services to EU consumers.

A passenger with disabilities uses an accessible public ticket kiosk. The EAA requires EU sales channels (physical or digital) to be usable by all customers.

Any US business that sells to or serves EU customers – for example, a US retailer with an EU e-commerce site, a software vendor offering apps to European users, or a US bank with online services in Europe – is affected. Under the EAA, digital services like websites and apps must follow EU accessibility standards (generally EN 301 549, which incorporates WCAG 2.1 AA/2.2 AA). In practice, this means ensuring digital interfaces are perceivable, operable, understandable and robust for users with disabilities (e.g. screen-reader compatibility, keyboard navigation, text alternatives, etc.). It also requires publishing an accessibility statement describing how the product or service meets these requirements and providing accessible user support.

Who Must Comply and How

The EAA applies to all “economic operators” in the supply chain – manufacturers, importers, distributors and service providers – that place in-scope products or services on the EU marketaccessible.orgdwt.com. A US company without a European office will still need to comply if its products or services are made available to EU customers (for example, online sales, digital downloads, or EU-based users)accessible.orgfarrer.co.uk. In short, wherever its customers are in the EU, the business must meet the law’s requirements.

Covered digital products/services include (among others) e‑commerce sites, mobile/desktop apps, online financial services, and digital ticketing systems. For example, a US hotel chain’s booking website serving EU travelers, or a US telehealth app used by EU patients, would need to meet EAA accessibility standards. Even third-party content may be exempt if not under the company’s control, but typically the operator must ensure its own site/app is accessible.

Each EU country transposed the EAA into national law by June 28, 2022; the requirements kick in from June 28, 2025. After that date, EU authorities can enforce the rules. Member States will each set up enforcement procedures; non‑compliance can trigger heavy penalties. Penalties vary by country but can include steep fines (up to millions of euros), removal of non-compliant products/services from the market, and even criminal sanctions in extreme cases. In short, ignoring the EAA risks financial and reputational harm – essentially, losing access to the EU market.

Key Obligations for Digital Services

  • Meet EU accessibility standards (EN 301 549 / WCAG): The presumed EU standard is EN 301 549, which currently incorporates WCAG 2.1 AA and is being updated to WCAG 2.2. US companies should aim for WCAG 2.1/2.2 AA compliance for their websites and apps, as industry experts advise. This covers things like meaningful alt text for images, logical keyboard navigation, sufficient color contrast, readable fonts, captions for video, etc.
  • Publish an accessibility statement: Many EU laws (including those implementing the EAA) require an accessibility statement on covered websites/apps. This statement must describe how the service meets accessibility criteria, what features are available, and whom to contact about accessibility issues. It should name the relevant enforcement authorities too. (This is similar to what the EU’s Web Accessibility Directive already requires for public-sector websites.)
  • Provide accessible support: The law calls for accessible customer support and information. For digital services, this means providing help desks or support channels (e.g. online chat, phone support) that are usable by people with disabilities. For example, voice call centers should accept text/video relay calls, and chatbots or email should be compatible with assistive tech.
  • Training and processes: Although the EAA itself is principle-based, most countries will require organisations to train staff on accessibility and to include accessibility in procurement and design processes. Integrating accessibility early in development is advised (often phrased as “design and test for accessibility from the outset”).
  • Documentation and compliance records: Suppliers may need to keep technical documentation or conformity declarations showing that products/services comply with EN 301 549. (This is analogous to the CE-marking regime for hardware, but some rules apply to services too.) In practice, this means maintaining records of audits or tests and any remediation efforts.

Risks of Non-Compliance

Failing to meet EAA requirements can have serious consequences. EU authorities or competitors can report violations; Member States can fine or even ban accessibility‑inaccessible services from the EU market. For example, a retailer whose EU website is not accessible could face fines and be forced to take the site offline until fixed. US companies have already been warned that ignoring the EAA “could result in your products or services being banned from the European market”. In addition, non-compliance can damage reputation: customers and business partners increasingly expect accessible digital experiences, and failing to comply may harm trust.

Practical Steps for US Companies

US businesses selling or serving EU users should act now to prepare. Key recommended actions include:

  • Determine if EAA applies: Confirm whether your products/services fall in scope and are offered to EU consumers. This includes checking if your website, app or digital platform is used by EU customers. Even without a European subsidiary, any service available to EU users may trigger EAA coverage.
  • Conduct an accessibility audit: Assess your existing websites, mobile apps, and digital materials against WCAG 2.1/2.2 AA criteria (the EN 301 549 baseline). Many experts recommend professional audits or automated tools to identify barriers. If you already follow US standards (like Section 508 or ADA best practices), you are partly prepared, but you should ensure you meet all relevant WCAG AA success criteria.
  • Develop a remediation roadmap: Create a plan to fix identified issues. This should prioritize user interface elements (menus, forms, images, etc.) that impact navigation and understanding. Involve users with disabilities in testing changes if possible, as recommended by experts.
  • Integrate accessibility into design and processes: Update your product development lifecycle to include accessibility checks. For example, train developers and content creators on accessible design (alt text, captioning, etc.), and make accessibility part of QA testing. Document these practices as part of your compliance strategy.
  • Publish an accessibility statement: Draft and display a clear statement on your site/app explaining how accessibility is addressed, referencing the applicable standards, and listing a contact for accessibility feedback.
  • Monitor EU requirements: Since the EAA is enforced by each Member State, stay informed of national implementation laws (especially in your key markets). For instance, some countries may require periodic accessibility reporting or have specific public complaint processes. Engaging legal counsel familiar with EU accessibility law is wise to navigate any jurisdictional nuances.
  • Engage users and experts: Consider third-party testing (VPAT or accessibility certifications) and user testing with people with disabilities. Leading accessibility consultants note that involving actual users and maintaining robust documentation are “best practices” for compliance.

By taking these steps US companies can greatly reduce legal risk and open themselves to the large EU market. Not only is this required by law, but it also makes good business sense: accessible digital services reach more customers and enhance brand reputation. As one analysis puts it, ensuring your e-commerce site or app meets accessibility standards is no longer a “nice-to-have” but a legal necessity for doing business in Europe.

Sources: Official EU publications and legal analyses of the EAA, and expert commentary from accessibility and legal professionals. These confirm that any US company engaging the EU market must assess and adapt its digital services now to comply by June 28, 2025.

levelaccess.com
dwt.com
farrer.co.uk
accessible.org
commission.europa.eu
allyant.com

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