Post-Deadline Risks: Why EAA Compliance Lawsuits are Expected to Rise
Post-Deadline Risks: Why EAA Compliance Lawsuits are Expected to Rise
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With the European Accessibility Act (EAA) deadline approaching, businesses that fail to comply with website accessibility standards face a growing risk of EAA compliance website lawsuits. Below, we’ll explore the risks surrounding non-compliance with the EAA and how to avoid a lawsuit in your organization.
The clock is ticking on one of the most significant digital accessibility regulations: the European Accessibility Act (EAA). If your business offers products or services in the European Union (EU), meeting EAA compliance isn’t just a best practice — it’s a legal requirement. And with the June 28, 2025 deadline fast approaching, the number of EAA lawsuits will likely increase as advocacy groups and regulators push for stricter accountability.
Below, we’ll look at some reasons why EAA compliance and web accessibility lawsuits are expected to rise and how you can minimize your legal risk. But first, let’s review exactly what the EAA is, what it requires, and who needs to comply.
What is the EAA and Why Does it Matter?
Designed to create a more accessible and usable experience for users with disabilities, the EAA requires businesses operating within the EU to ensure their websites, mobile applications, online documents, and digital products and services are accessible to individuals with disabilities. The act is designed to ensure individuals with disabilities have equal access to online spaces and can fully participate in them.
To comply with the EAA, organizations must meet the accessibility standards outlined in the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, which we’ll cover in more detail below.
EAA requirements apply to numerous industries, including eCommerce, banking, transportation, telecommunications, and digital service providers. Essentially, any business offering products or services within the EU market must meet compliance requirements.
Non-compliant businesses could face EAA compliance website lawsuits, financial penalties, and reputational damage. If the increase in lawsuits for non-compliance with the Americans with Disabilities Act (ADA) in the U.S. is any indication, businesses that ignore digital accessibility are opening the door for legal troubles — most of which come with expensive fines and penalties. The same trend is expected in the EU, where regulators and advocacy groups prepare to act against non-compliant companies.
The deadline to meet compliance requirements is June 28, 2025. Businesses that wait until the last minute risk rushing to make last-minute changes — or worse, being hit with a lawsuit.
Which Businesses are Most at Risk for Lawsuits?
While all organizations within the EU are required to comply with the EAA, some are more at risk for lawsuits than others due to the nature of their digital services. Some of these include:
- eCommerce websites: This industry is a prime target for legal action, considering the fact that Europe is the third biggest retail eCommerce market globally (with revenues of U.S. $631.9 billion) and the sheer volume of eCommerce sites available.
- Banking and financial services: Because a lack of accessibility can directly impact someone’s ability to manage their finances, the banking and financial sector is a key focus for legal enforcement.
- Public and private services: Any business providing essential digital services — like utilities, telecommunications, healthcare, and transportation — needs to meet EAA accessibility requirements. Government services, in particular, are likely to face an increased risk of legal action due to their obligation to serve all citizens.
- U.S. and non-EU companies serving EU customers: Even if a business isn’t based in the EU, it still must comply with the EAA if it sells products or services to EU consumers. U.S., UK, and other non-EU companies with a global customer base must ensure their digital content meets EAA standards or risk lawsuits and fines from EU regulators.
- Digital entertainment and streaming services: Due to their popularity, companies that provide video streaming, gaming, and online content platforms (like Netflix and Hulu) are high-profile targets.
- Travel and hospitality: Previous accessibility lawsuits have targeted travel and hospitality websites for failing to accommodate screen readers and other assistive technologies, making this a likely area for strict EAA enforcement.
Post-Deadline Risks: Why Non-Compliance Leads to Lawsuits
With the June 2025 deadline just around the corner, failing to take action puts you at risk — not just for compliance failures but for lawsuits and enforcement actions. The closer the deadline gets, the more scrutiny non-compliant companies will face. Here’s why EAA compliance website lawsuits are expected to rise:
1. More Legal Scrutiny from Regulators and Advocacy Groups
Once the compliance deadline passes, regulatory agencies across the EU will likely actively monitor businesses for violations. Digital accessibility advocacy groups — many of whom have successfully pushed for enforcement in other regions — are likely ready to hold non-compliant companies accountable for a lack of accessibility.
If history is any indicator, we can expect a sharp increase in lawsuits soon after the deadline. As mentioned above, ADA compliance lawsuits have drastically increased in recent years. Over 4,000 ADA lawsuits were filed in the first half of 2024 alone, showing a clear trend toward legal action against inaccessible websites. This same wave of litigation is expected to hit the EU, especially as regulators make high-profile examples of companies that fail to comply.
2. Growing Legal Precedents for Website Accessibility Lawsuits
Though the EAA is only a few years old (Parliament approved it in March 2019), digital accessibility lawsuits are not. Most European countries already enforce accessibility laws, and we’ve seen several companies face legal action for inaccessible websites. For example, in France, Germany, and the Netherlands, courts have ruled in favor of individuals with disabilities, setting legal precedents that strengthen the case for future lawsuits.
These rulings make it easier for individuals, consumer protection groups, and disability advocacy organizations to file website accessibility lawsuits under the EAA. And with regulators actively looking to enforce compliance, it won’t take long for companies to find themselves in courtrooms and settlement negotiations.
Once the EAA deadline passes, there is no grace period. Businesses that do not meet WCAG conformance standards will immediately be at risk of lawsuits, fines, penalties, demand letters, and regulatory action. As we’ve seen with the rise of ADA website accessibility lawsuits in the U.S., legal challenges will likely become a routine risk for EU companies that ignore accessibility.
The Cost of Non-Compliance: Fines and Legal Consequences
Ignoring the EAA’s requirements doesn’t just mean risking lawsuits — it means financial penalties, lost revenue, and reputational damage. Every EU member state has the authority to enforce fines. And most aren’t small:
- Germany: Up to €100,000 per violation
- France: Non-compliant products can be banned from the market, with daily fines for unresolved issues.
- Ireland: Persistent non-compliance could result in company directors facing up to six months in prison.
- Denmark: Fines based on a percentage of company revenue, ensuring steep financial penalties for larger businesses.
In some cases, fines for non-compliance can reach €250,000, and repeat offenses could result in criminal liability.
How to Avoid an EAA Website Compliance Lawsuit
Here’s the good news: Even though the EAA compliance deadline is right around the corner, there’s still time to prepare for the upcoming deadline. The best place to start is by familiarizing yourself with WCAG 2.1 Level AA standards. Doing so not only helps you stay compliant but also creates a better user experience for users with disabilities.
Here are some additional ways you can reduce your risk of an EAA compliance website lawsuit:
Audit Your Website for Compliance Gaps
The first step to minimizing your legal risk is understanding how accessible your existing digital content is. Doing a digital accessibility audit of your website, mobile apps, responsive mobile design, online documents, and other digital content can help you identify common accessibility issues that put you at risk, including:
- Missing alt text on images
- Poor color contrast
- Lack of keyboard navigation or screen reader compatibility
- Missing form fields
- Non-descriptive link text
While you can manually review your site for these issues, automated accessibility solutions — like AudioEye’s Web Accessibility Scanner — can automatically find these issues. These insights give you a great starting point to improve the accessibility of your existing content before it becomes a legal liability.
Integrate WCAG Standards into Your Content Creation Process
What is the best way to avoid accessibility lawsuits? Make accessibility a natural part of your content creation process. Doing so can help you lower your risk of legal action and save you a significant amount of rework. And incorporating accessible design best practices into your process is easier than you think. The following are some easy ways to enhance the accessibility of your site and come closer to meeting EAA compliance standards:
- Use clear, descriptive headings: Proper heading structures (H1, H2, H3) make it easier for assistive technologies and screen readers to navigate through.
- Ensure good color contrast: Text should have a minimum color contrast ratio of 4.5:1 with foreground elements. Using a color contrast checker during your design process can help you find the right balance.
- Write descriptive link text: Vague link text such as ‘Click here’ can confuse users; instead, use meaningful text like ‘Download our compliance guide to learn more.’
- Include captions and transcripts for videos: All video and audio content must include closed captions and transcripts according to WCAG Success Criterion 1.2.2: Captions.
- Ensure PDFs and online documents are accessible: EAA compliance requirements extend to online documents. Ensure all online documents are formatted for text-to-speech compatibility.
- Keep navigation consistent: Any elements that repeat across your web pages should be consistently labeled. For example, search bars and menus should have the same label in your navigation menu and footer.
- Ensure compatibility with assistive technologies: Your digital content should work well with keyboard commands and shortcuts, assistive technologies, screen readers, screen magnifiers, and text-to-speech software.
These are just some of the WCAG success criterion you should bring to your content creation process to ensure ongoing compliance with the EAA. For a more detailed list, check out our Comprehensive WCAG Checklist.
Stay Up-to-Date on Legal and Regulatory Changes
The EAA is likely to evolve in the coming years — as is WCAG. Staying informed of legal and regulatory changes can help you avoid compliance missteps and future lawsuits. Consider following EU regulatory updates and enforcement trends or subscribing to accessibility-focused newsletters to stay on top of trends.
Additionally, regularly training your internal team on accessibility best practices helps everyone understand how to create and maintain accessible, compliant digital content and what legal requirements they need to meet. For example, AudioEyeQ, a best-in-class accessibility learning platform, covers accessible coding and design and accessibility laws. The course ensures that your digital content creators know accessibility legal requirements and actively do their part to meet them.
The Cost of Inaction: Why EAA Compliance Can’t Wait
The EAA compliance deadline isn’t far away — and ignoring that deadline can put your business at serious legal risk. With regulators ramping up enforcement and advocacy groups keeping a close eye out for non-compliant websites, companies that fail to conform with WCAG 2.1 Level AA standards will likely face lawsuits, fines, reputational damage, and more.
The best time to prioritize accessibility was yesterday. The second-best time? Right now. And with AudioEye, getting started with accessibility is fast, easy, and cost-effective. From our Web Accessibility Scanner, which provides a high-level overview of your current accessibility level, to our Expert Audits and Automated Fixes that elevate your accessibility, AudioEye helps you meet EAA compliance standards with ease. Plus, with AudioEye Assurance, you’ll enjoy legal protection that’s up to 400% more effective than automation or consulting-only approaches.
Don’t wait for a lawsuit to start your path to accessibility — get started now with a free accessibility scan. Or schedule a demo to see how AudioEye lowers your legal risk and simplifies your path to compliance.
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