European Accessibility Act: Ultimate Guide to Compliance
European Accessibility Act: Ultimate Guide to Compliance
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Thanks to two European Union directives, EU Member States share common standards for web accessibility. Below, you’ll learn more about those two directives and how to ensure your digital content is compliant.
Originally Posted on April 30, 2024
Currently, there are 87 million people in Europe living with a disability. That number is only expected to grow as the population ages. As this number grows, the European Union (EU) has increased its focus on creating and enforcing digital accessibility laws. The European Accessibility Act (EAA) is just one of the accessibility laws designed to increase accessibility and usability for disabilities. It’s also one of the laws the EU is enforcing more strictly, with organizations having until June 28, 2025, to meet compliance requirements.
Below, we’ll review what the EAA is, who it applies to, and how complying with the standards included in the EAA benefits both organizations and users.
The Web Accessibility Directive and the European Accessibility Act
In 2011, the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) became the first international, legally binding instrument to establish minimum standards for the rights of people with disabilities. All EU Member States signed and ratified the convention, which started the standardization process.
The Member States signed the Web Accessibility Directive in 2016. This 15-page document applies to all public sector agencies and organizations financed through public contracts (for example, contractors hired to create an online portal for an EU Member’s website).
Key features of the Directive include:
- Each Member State must develop accessibility standards based on guidance from the European Standards Organization (ESO). The ESO’s web standards are based on WCAG Level AA requirements.
- Organizations must publish an accessibility statement on their websites and mobile content.
- Users must have a way to provide feedback about accessibility issues.
- The Directive also applies to websites, mobile apps, payment terminals, ticket dispensers, and other electronic communications technologies.
The Directive was enacted in 2016 and, like many accessibility laws, was rolled out gradually. As of September 2020, all new and existing websites covered by the Directive must meet its requirements.
Although the Web Accessibility Directive covers public organizations, it isn’t directly applicable to private companies. In 2019, the Member States passed the European Accessibility Act, which has broader implications for digital accessibility in the EU.
What is the European Accessibility Act (EAA)?
The European Accessibility Act (EAA) is a European accessibility law that “requires some everyday products and services to be accessible for persons with disabilities.” The act is designed to increase the rights of people with disabilities by providing them with easier access to products and services such as:
- eBooks
- eReading devices and software
- eCommerce experiences or applications
- Digital rights management software
- Smartphones
- Televisions
- Self-service terminals
- ATMS and other banking services
- Check-in machines
The EAA was enacted in June 2019, and organizations have until June 2025 to comply with its specific requirements.
Similar to the Web Accessibility Directive, the EAA requires Member States to implement universal accessibility standards based on the 301 549 standard, Accessibility Requirements for ICT Products and Services (PDF), which incorporates standards outlined in the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA by reference.
The EAA applies to any product or service that is sold or used within the Member States, regardless of origin. More simply, even if your business is based in the United States, you must comply with the EAA if you sell to customers in the EU.
The Importance of Compliance
There are numerous reasons why EU organizations should prioritize digital accessibility.
First, it decreases the chances of legal action. As mentioned above, EU organizations have until June 2025 to comply with WCAG 2.1 Level AA accessibility standards. After this date, enforcement actions will begin that may result in costly legal fees and damage to reputation.
Second, digitally accessible organizations are better positioned to serve the 87 million Europeans with disabilities. Creating digital experiences and accessible products can expand your customer base, which may result in more revenue opportunities.
For example, in the UK alone, the disabled community and members of their households wield £274 billion in spending power. UK organizations that don’t have an accessible website may miss out on £24 billion per year.
Third, enhancing digital accessibility can improve organizations’ SEO rankings. Well-structured and easy-to-read content makes it easier for search engines to understand a page’s context, which may increase its ranking position. Additionally, including strategic keywords in alt text can improve the usability of your site and its overall ranking.
Finally, complying with digital accessibility standards increases the accessibility and usability of your site. Essentially, these standards ensure that anyone — regardless of ability — can interact with your digital content.
Who Needs to Comply with the EAA?
Unlike previous accessibility laws (such as the Public Sectors Bodies Accessibility Regulations (PSBAR)), which only applied to public-sector organizations, the EAA also applies to public companies. Below are some examples of organizations that must comply with the EAA:
- E-commerce sites and online service providers, including consumer-facing websites and mobile apps.
- Shops and restaurants and their point-of-sale devices, such as kiosks or mobile apps.
- Business-to-business (B2B) and business-to-government (B2G) organizations that sell or provide services in the public or private sector.
- Media streaming companies and their media, telephony, and communication equipment with computer capabilities.
- Transportation companies with electronic ticketing service devices.
Additionally, as mentioned above, if you’re a U.S.-based company selling to EU customers, your digital content must comply with the EAA.
The EAA has limited exemptions regarding compliance; for example, micro-enterprises with a small number of employees (less than 10) and an annual turnover below €2 million do not need to comply with the EAA.
However, the EAA does encourage these small businesses to provide accessible products and digital services to comply with WCAG 2.1. Aside from legal compliance, creating accessible, inclusive products increases your company's reach, establishes your social values, and increases brand reputation.
EU Accessibility Law Compliance and WCAG
The Web Accessibility Directive and the EAA share the same goal: To make the Internet a better place for people with disabilities. To that end, both accessibility legislations incorporate WCAG 2.1 success criteria, which are pass-or-fail statements used to test (and fix) accessibility issues. By enforcing WCAG recommendations, many of the common accessibility issues are improved, creating a more accessible experience for users with disabilities. Some of these issues include:
- Poor color contrast: Insufficient color contrast can make text difficult to read for individuals with vision disabilities.
- Misused semantic HTML: This can make internet content difficult to navigate for keyboard users or assistive technologies such as screen readers.
- Missing image alternative text: Also called alt text, these descriptions accommodate people who cannot perceive content visually.
- Keyboard accessibility issues: This impacts people who use a keyboard alone (without a mouse) to browse the internet.
- Excessive use of flashing or blinking content: These actions can trigger reactions in people with photosensitivity conditions.
In total, WCAG 2.1 contains 78 success criteria, which are organized into three levels of conformance: Level A (the least strict requirement), Level AA, and Level AAA (the most strict requirement). EU accessibility laws require websites to meet the Level A and Level AA standards.
It’s important to note that WCAG accessibility standards also apply to mobile content. Despite being originally created for web content, WCAG has expanded accessibility recommendations to mobile apps and content as the use of mobile devices such as smartphones or tablets has increased.
Consequences of EAA Violations
Compliance with the EAA is not optional. Organizations must meet WCAG 2.1 Level AA accessibility requirements by June 28, 2025, or risk both financial, legal, and reputational consequences.
From a financial perspective, non-compliance with the EAA can result in costly fines, penalties, and demand letters. In more severe cases, organizations can be banned from selling in the EU market altogether. Additionally, organizations that delay EAA compliance may face higher costs in the long run, as retrofitting digital services after the fact can be more expensive than building accessibility in from the start.
Beyond financial consequences, failing to meet the EAA’s requirements can alienate millions of potential customers with disabilities. This can result in a loss of revenue, decreased customer trust, and serious damage to their brand reputation — especially as consumers and advocacy groups increasingly push for inclusive practices.
How To Comply With the EAA and Web Accessibility Directive
To comply with the European Union’s digital accessibility laws, you need to think about people with disabilities when creating your digital products. WCAG provides a framework for finding and fixing accessibility issues, and reviewing the guidelines can help you develop an accessibility-first mindset.
If you’re ready to build a more accessible website, here’s how to get started (and how AudioEye can help).
1. Test Your Content Against WCAG
The first step in your journey to compliance is testing your existing content against WCAG standards. Most common accessibility issues can be identified through automated testing. However, some accessibility issues — like non-descriptive links or unhelpful alt text — cannot be detected by automation alone. To find more complex issues, you may need to use a team of human testers.
For example, AudioEye starts your path to EAA compliance with a free accessibility scan that finds 30 WCAG violations (more than any other tool on the market). From here, our Automated Accessibility Platform provides automatic issues for those violations. We supplement this testing with Expert Audits from accessibility experts and members of the disability community. With our three-pronged approach to accessibility, you’ll create digital content that is both accessible and compliant.
2. Fix Accessibility Issues
Based on the results of your WCAG audit or accessibility testing, you’ll then need to prioritize which accessibility errors to fix first. We recommend starting with quick wins or easy fixes before moving on to bigger issues. You’ll want to create a remediation plan for larger issues to minimize disruptions. As you’re creating a remediation plan, you may want to consider bringing on the help of an expert, like AudioEye, to help you navigate evolving regulations and best practices.
3. Create an Ongoing Testing and Remediation Strategy
Accessibility requires commitment. Even if you address every WCAG issue, you might accidentally introduce new barriers when adding new content, applying updates, or implementing new technology — that’s why regular testing is essential for long-term digital compliance.
Using Active Monitoring, AudioEye regularly tests your digital content for accessibility issues. Through our Issue Reporting dashboard, you can monitor your website’s accessibility in real-time and provide users with a more accessible experience.
4. Publish an Accessibility Statement
Accessibility requires commitment. Even if you address every WCAG issue, you might accidentally introduce new barriers when adding new content, applying updates, creating new products, or implementing new technology — that’s why regular testing is essential for long-term digital compliance.
For example, AudioEye uses Active Monitoring to regularly test your digital content for accessibility issues, enabling you to monitor your website’s accessibility in real time. Plus, with AudioEye Assurance, you’ll enjoy legal protection that’s 400% better than consulting or automation-only approaches. If you receive a demand letter for non-compliance, AudioEye will provide expert legal support throughout the process and bring you into compliance as quickly as possible.
Start Building For Web Accessibility Directive and EAA Compliance
While the EU’s accessibility laws might seem complicated, they’re designed to increase accessibility for all web content. By increasing accessibility, you create more accessible, user-friendly digital content for users. This results in more user engagement, satisfaction, and loyalty, which results in a wider customer base and more revenue opportunities.
Want to see how accessible your existing digital content is? Scan your content using AudioEye’s free Website Accessibility Checker.
Ready to see how AudioEye can streamline your path to EAA compliance? Schedule a demo today.
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