Non-Compliance FAQs: Everything You Need to Know About EAA Accessibility Requirements
Non-Compliance FAQs: Everything You Need to Know About EAA Accessibility Requirements
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The European Accessibility Act (EAA) sets strict digital accessibility requirements for businesses operating in the EU. But what are the dangers of non-compliance? Below, we’ll answer the most common questions surrounding EAA non-compliance and how to minimize business risk.
Set to take effect in June 2025, the European Accessibility Act (EAA) requires companies to ensure their digital products and services are accessible to people with disabilities. Regardless of the industry you’re in, the EAA does apply to you — and it’s going to change the way you do business.
So what does EAA compliance actually mean? And what happens if your business isn’t ready in time? The short answer is fines, penalties, and potential restrictions on doing business in the EU (we’ll cover that in more detail below).
These are just some of the questions you likely have around not just the EAA, but around non-compliance as well. Below, we’ll answer all your questions and explain how to ensure your digital content is compliant with the EAA and accessible to users with disabilities.
EAA Non-Compliance FAQs
What is the EAA and who does it apply to?
The EAA is designed to break down barriers for individuals with disabilities by setting clear accessibility requirements for businesses, pushing them to follow established accessibility standards like the Web Content Accessibility Guideline (WCAG) and EN 301 549.
More simply, the EAA “requires some everyday products and services to be accessible for individuals with disabilities.” The act applies to products and services, including:
- eBooks
- eReading devices or software
- eCommerce experiences and applications
- Digital rights management software
- Smartphones
- Televisions
- Self-service terminals
- ATMs and other banking services
- Check-in machines
The EAA applies to businesses that:
- Sell goods or services online to EU consumers. This includes U.S.-based businesses that sell to the EU.
- Operate in industries like eCommerce, banking, telecom, publishing, transportation, and media streaming.
- Provide self-service kiosks, such as ticket machines or ATMs.
- Develop software, mobile apps, or digital platforms used by EU customers.
The bottom line: if your business targets EU consumers in any way, shape, or form, you’re expected to comply with the accessibility standards outlined in the EAA and WCAG.
When is the deadline to meet EAA compliance requirements?
Organizations must comply with EAA compliance requirements by June 28, 2025. Businesses that don’t meet this deadline face post-deadline risks like fines, penalties, market restrictions, and potential lawsuits.
What are the accessibility requirements within the European Union?
The EU has numerous accessibility laws businesses are required to follow. However, each one forms a framework that improves the accessibility and usability of digital content. The EAA ties it all together, setting a clear accessibility standard for digital products and services across the EU.
To be compliant with the EAA, organizations must meet the following accessibility standards:
- WCAG: Businesses need to follow the accessibility standards outlined in WCAG 2.1 Level AA. This is considered the international standard for accessibility as it addresses the most common accessibility barriers experienced by individuals with disabilities. Our comprehensive WCAG 2.1 checklist can help you get started.
- EN 301 549: This is the EU’s official accessibility standard, which includes WCAG requirements and extends them to mobile applications, software, and ICT (information and communication technology) services.
- General Data Protection Regulation (GDPR): While GDPR is not an accessibility law, it does intersect with accessibility when it comes to ensuring businesses provide equal access to privacy controls, consent forms, and legal notices. Inaccessible cookie banners, for example, could be a compliance risk under both the GPDR and the EAA.
Who enforces the EAA?
Each EU country has its own enforcement authority responsible for overseeing EAA compliance. Each authority has the power to audit businesses, investigate complaints, and issue fines.
Enforcement is mainly complaint-driven, meaning customers, advocacy groups, or even competitors can report accessibility barriers — potentially triggering investigation from EU governing bodies. If businesses ignore compliance, regulators can impose financial penalties or restrict EU market access. Some violations (depending on the severity) can lead to accessibility lawsuits, similar to what we’ve seen under the Americans with Disabilities Act (ADA) in the U.S.
What happens if you don’t comply with the EAA?
We’ve touched on the dangers of non-compliance above, but let’s break it down further.
First, non-compliance can result in expensive fines and penalties. Each EU country sets its own financial penalties, and regulators have the power to issue fines based on the severity of the violation. Organizations that continuously violate the EAA can expect even higher penalties. For example, non-compliance fines in Germany can reach up to €500,000. Italy fines organizations up to €40,000 or, for certain private entities, up to 5% turnover.
Second, if your website, mobile app, or checkout process isn’t accessible, you’re locking out potential customers. Roughly 87 million people in the EU have a disability, meaning you’re risking millions of customers — customers who will more than likely take their business elsewhere if they struggle to interact with your brand.
Third, you risk serious damage to your brand’s reputation if you’re found to be non-compliant with the EAA. No company wants to be called out for excluding people with disabilities, especially in today’s market, where consumer trust is more important than ever.
Finally, non-compliance with the EAA can result in legal action, including lawsuits. Because EAA compliance is enforceable through consumer complaints, any user who experiences accessibility issues can trigger an investigation — or even sue. While the chances of facing an EAA lawsuit are low (you’ll likely face fines and penalties first), the risk is always there.
What are the most common accessibility issues that lead to non-compliance?
EAA compliance is contingent upon following the accessibility standards outlined in WCAG. Failing to incorporate these accessibility features not only creates accessibility issues in digital content but also puts organizations at risk for EAA non-compliance. Some of the most common issues that lead to EAA non-compliance include:
- Missing or poorly written alt text for non-text content (e.g., images, icons, graphs, charts, etc.)
- Keyboard navigation issues that prevent users from accessing various digital content.
- Lack of sufficient color contrast between text and other web elements.
- Forms that lack clear labels, error messages, or focus indicators or are not assistive technology-friendly.
- Missing captions or transcripts for videos or other auditory content.
- Online documents with no proper headings, missing alt text, or unreadable text.
Can EAA non-compliance lead to business restrictions?
The short answer: Yes, EAA non-compliance can limit your ability to do business in the EU altogether.
For example, EU regulators can prohibit the sale of non-compliant products and services, meaning if your business does not meet accessibility standards, you could lose the ability to operate within the EU.
Regulators can also restrict the availability of your products or services until they meet EAA compliance standards. This could result in delayed product launches or forced updates, costing your organization additional time and revenue.
Does EAA non-compliance damage customer trust?
Absolutely. Accessibility is becoming an increasingly important trust signal for customers, especially within the EU market. When your digital content is not accessible, it essentially tells customers with disabilities (and their allies) they’re not a priority. This can result in social media backlash, negative PR, and public complaints, all of which lower customer trust and loyalty.
Think of accessibility as a competitive advantage. Get it right, and you’ll build a more loyal, engaged customer base. Ignore it, and you risk losing both customers and credibility.
How do I lower my risk of EAA non-compliance?
The best way to avoid EAA non-compliance risks: Make accessibility a priority now — not an after thought. Here’s how:
- Start with an accessibility audit: You can’t fix what you don’t know is broken. An accessibility audit helps you identify barriers on your website, mobile apps, PDFs, and other digital content, enabling you to address them before they become compliance risks.
- Build accessibility into your content from the start: Rather than scrambling to fix issues later, incorporate it into your content creation process from the start by:
- Using clear, descriptive alt text for images.
- Ensuring videos have accurate captions or transcripts.
- Designing with color contrast in mind so text is readable (a color contrast checker can help with this).
- Using headers in a hierarchical order (e.g., H1, H2, H3, etc.)
- Ensuring online documents include accessibility features.
- Optimizing digital content to be compatible with assistive technologies, including screen readers, screen magnifiers, and text-to-speech software.
- Avoiding keyboard traps for keyboard users.
- Monitor and maintain accessibility over time: Accessibility is not a one-time fix. It’s an ongoing commitment that requires regular testing, feedback, and updates to address evolving accessibility requirements and user needs.
Can working with an accessibility expert help lower my risk of non-compliance?
Yes. EAA compliance is complex, and guessing your way through it is risky. Working with an accessibility expert (like AudioEye) gives you the tools, testing, and guidance needed to stay compliant.
For example, accessibility experts usually have in-depth knowledge of the accessibility industry, including laws and best practices. They can help you identify and fix issues before they become compliance issues. They can also provide guidance on how to incorporate accessibility features into your content from the start.
Most accessibility experts offer accessibility testing tools to help streamline your path to EAA compliance. AudioEye, for instance, includes free tools like our Web Accessibility Scanner and Color Contrast to provide a clear starting point for accessibility. Additional accessibility tools, such as our Automated Fixes, Expert Audits, and Developer Tools, further enhance your content’s accessibility and compliance. By partnering with AudioEye, you’ll achieve industry-leading compliance with accessibility laws quickly, easily, and cost-effectively.
Avoid EAA Compliance Risks and Unlock Business Growth with AudioEye
Complying with the EAA is about more than just avoiding fines—it’s about creating a better user experience, building brand trust, unlocking new market opportunities, and gaining a competitive advantage over your competitors.
The best way to avoid non-compliance risks? Start now. Conduct an accessibility audit, fix common barriers, and make accessibility a key part of your content creation process. Taking a proactive approach to accessibility can help you detect and fix accessibility issues before they become compliance issues. If you want to ensure your compliance efforts are effective, AudioEye can help.
AudioEye takes a three-pronged approach to accessibility, using both automated and expert testing to detect and fix accessibility issues that put your organization at risk for EAA non-compliance. Our AI-driven automation technology, audits from experts and individuals from the disability community, and testing during the development process provide a comprehensive approach to accessibility, saving time and up to 90% in costs compared to traditional methods. Plus, with AudioEye Assurance, you’ll enjoy a level of protection that’s 400% better than consulting or automation-only approaches, giving you peace of mind that your digital content is legally protected.
Ready to protect your brand and create more accessible digital content? Get started with a free accessibility scan. Or schedule a demo to see how AudioEye provides unbeatable legal protection.
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