European Accessibility Act:
what you need to know
The EAA became enforceable June 28, 2025. If you sell digital products or services to EU customers, this applies to you — regardless of where your business is based.
What is the European Accessibility Act?
The EAA is an EU directive that requires digital products and services to be accessible to people with disabilities.
Key facts about the EAA
Enforceable since June 28, 2025
EU member states have transposed the directive into national law. Enforcement is now active across all 27 member states.
EN 301 549 is the technical standard
The EAA references EN 301 549, which incorporates WCAG 2.1 Level AA. Some member states are already aligning with WCAG 2.2.
Applies to businesses selling to EU customers
Your company's headquarters location doesn't matter. If you offer digital products or services to EU consumers, you're covered.
Enforcement is actively ramping up
France has seen disability organizations issue demands against major retailers. Sweden's PTS has started regulatory cases against e-commerce operators. The Netherlands is prioritizing audits for early 2026. This is not a distant deadline — it's happening now.
Does the EAA apply to you?
The EAA covers a broad range of digital products and services sold to EU consumers.
Products and services covered
Limited exemptions
Microenterprises
Companies with fewer than 10 employees AND annual turnover under €2 million are exempt. Both conditions must be met.
Disproportionate burden
If compliance would require "significant change" to product nature or impose a disproportionate financial burden. Must be documented and reassessed.
Pre-existing contracts
Service contracts entered before June 28, 2025 may continue until they expire, up to a maximum of 5 years.
US and UK businesses: Yes, this means you
If your website or app serves EU customers — even if your company is headquartered in the US, UK, or elsewhere — you're subject to the EAA. The law applies to economic operators placing products or services on the EU market, regardless of where they're based.
This is similar to how GDPR applies to any business processing EU residents' data, regardless of company location.
What the EAA actually requires
The EAA references EN 301 549, which maps to WCAG 2.1 AA with additional requirements.
EN 301 549 includes
- All WCAG 2.1 Level A and AA success criteria
- Additional requirements for non-web documents
- Software accessibility requirements
- Hardware accessibility guidance
- Support services accessibility
Documentation requirements
- Accessibility statements describing conformance
- Contact information for accessibility issues
- Documentation of accessibility features
- Records of compliance assessments
- Evidence of remediation efforts
What regulators say about automated overlay approaches
The European Commission has indicated that automated overlay widgets will not provide compliance, noting that "claims that a website can be made fully compliant without manual intervention are not realistic." Regulators expect actual remediation of underlying accessibility issues, not widget-based workarounds.
Country-by-country penalties
Each EU member state enforces the EAA through national legislation with its own penalty structure.
Germany
Up to €100,000
Per violation, with potential for cumulative fines
France
Up to €75,000 or 4% of annual revenue
Per inaccessible service, whichever is higher
Ireland
Up to €60,000
Plus potential imprisonment for severe violations
Netherlands
Administrative fines
Prioritizing audits and enforcement in early 2026
Sweden
Regulatory orders
PTS actively pursuing cases against non-compliant operators
Spain
Up to €1,000,000
For very serious infringements of accessibility law
Beyond financial penalties
Market access restrictions
Non-compliant products may be prohibited from the EU market entirely.
Public disclosure
Some member states publish lists of non-compliant businesses.
Practical compliance steps
A roadmap for US and UK businesses working toward EAA compliance.
Determine applicability
Confirm whether your products or services fall within EAA scope. Review the exemptions to see if any apply to your situation.
Audit against EN 301 549
Run automated scans to identify WCAG 2.1 AA issues. This gives you a baseline of known accessibility problems.
Prioritize and remediate
Fix issues in your underlying code. Focus on high-impact issues first: navigation, forms, interactive elements.
Plan for manual testing
Automated tools catch approximately 40% of issues. Budget for manual testing with assistive technologies.
Create accessibility statement
Publish a statement describing your conformance status, known limitations, and contact information for accessibility feedback.
Document your efforts
Maintain records of audits, remediation work, and ongoing monitoring. This demonstrates good-faith compliance efforts.
How inclly helps
We provide honest, transparent accessibility scanning that fits into a complete compliance strategy.
WCAG 2.1 and 2.2 scanning
We scan against the criteria that EN 301 549 requires (WCAG 2.1 AA), plus the newer 2.2 criteria for future-proofing. Reports clearly indicate which version each issue relates to.
Audit trails for documentation
Track your remediation progress over time. Export reports that demonstrate your good-faith compliance efforts — useful for regulators, legal teams, and internal stakeholders.
Honest about limitations
We clearly flag which issues require manual testing. Automated scanning catches approximately 40% of WCAG criteria — we say so. Identifying your issues is the essential first step, not the complete solution.
EAA compliance requires more than automated scanning — but you can't fix what you don't know about. inclly helps you find the issues, prioritize fixes, and document your progress.
Frequently asked questions
Common questions about the European Accessibility Act and compliance.
Does the EAA apply to my US-based business?
If you sell digital products or services to EU consumers, yes. The EAA applies to economic operators placing products or services on the EU market, regardless of where the company is headquartered. This is similar to how GDPR applies based on who you serve, not where you are.
What's the difference between the EAA and WCAG?
The EAA is a law; WCAG is a technical standard. The EAA references EN 301 549 as its technical requirement, and EN 301 549 incorporates WCAG 2.1 Level AA. Meeting WCAG 2.1 AA is the primary technical path to EAA compliance for web content.
Is WCAG 2.2 required for EAA compliance?
Currently, EN 301 549 references WCAG 2.1. However, WCAG 2.2 is the current W3C recommendation, and some EU member states are aligning with 2.2. Targeting WCAG 2.2 AA ensures you meet 2.1 requirements while future-proofing your compliance.
What counts as a microenterprise exemption?
A microenterprise must have fewer than 10 employees AND annual turnover or balance sheet under €2 million. Both conditions must be met. Most companies serving the EU market professionally will not qualify for this exemption.
Can I use an accessibility overlay to comply?
European regulators have indicated that overlay widgets alone will not provide compliance. The EAA requires actual accessibility of products and services — this means fixing underlying code issues, not adding a widget on top. Overlays may help with some user preferences but don't address the root accessibility problems.
What documentation do I need?
You need an accessibility statement describing your conformance level, known limitations, and accessibility features. You should also maintain records of accessibility audits, remediation efforts, and any disproportionate burden assessments. These demonstrate good-faith compliance efforts.
Continue Learning
Explore related guides to support your European accessibility compliance.
EAA Compliance Checklist
EN 301 549 Chapter 9 web requirements mapped to WCAG 2.2 criteria.
EN 301 549 Guide
The European accessibility standard explained with chapter breakdowns.
EAA vs WCAG
How the European Accessibility Act relates to WCAG and what compliance means.
ACM Accessibility Requirements
Dutch EAA enforcement timelines and compliance steps for the Netherlands.
Start your compliance journey
Get a clear picture of your accessibility status. Identify WCAG issues, prioritize remediation, and build documentation that demonstrates your compliance efforts.