The European Accessibility Act (EAA), set to take effect in June 2025, is a significant regulatory framework designed to ensure that products and services sold in the European Union (EU) are accessible to people with disabilities.
While this legislation is European, one of the factors being lost is the impact.
The EAA will have an impact that will extend well past Europe’s borders. These regulations will affect companies worldwide, including those in the United States.
U.S. companies, specifically those in the private sector or Title III space, should pay close attention to the EAA. If you’re selling products to European consumers or software to European businesses, the EAA is a regulation you cannot ignore.
For this reason, this article will explore how the EAA affects U.S. companies, the implications for those shipping products to Europe, and why conformance with WCAG 2.2 AA could be crucial for your business within the next 12 months.
We’ll also dive into specific U.S. business verticals most likely impacted by the EAA, such as e-commerce and hospitality.
Why Does the European Accessibility Act Affect U.S. Companies?
The EAA requires that all products and services sold within the EU be accessible to people with disabilities. This regulation extends to companies outside of Europe if their products or services reach European consumers.
For U.S. companies, this means that if your business engages with the European market in any capacity—whether through direct sales, online services, or software deployment—you must ensure that your offerings are accessible.
Key Points Your Business Must Consider:
- Market Access: The EAA acts as a gatekeeper for access to both B2C and B2B consumers in the EU market. Simply ignoring the EAA and not having a reasonable roadmap or focus on conformance could result in your products or services being banned from the European market, one of the largest global consumer markets. In fact, the European Trade Commission reports they have 440 million consumers looking for goods and services.
- Global Standards Alignment: The EAA aligns closely with international accessibility standards such as the Web Content Accessibility Guidelines (WCAG). U.S. companies that already have a strong accessibility roadmap and ongoing testing in place to confirm ADA regulations should find it much easier to comply. Still, the EAA introduces specific requirements that must be met to avoid penalties (more below). Unifying global accessibility standards between the EAA, the Accessible Canada Act, and legal demands in the U.S. for non-conformance with the ADA should be a driving factor in budgeting for a strong accessibility roadmap for every organization with a global footprint. Website and Digital Accessibility regulations continue to expand globally, and ensuring that your website and mobile applications are accessible is no longer a nice-to-have for businesses.
If a United States-based Company Ships Products to European Consumers, Does the European Accessibility Act Affect Them?
Yes, the EAA affects U.S.-based companies that ship products to European consumers. Even if your business operations are entirely within the United States, the moment your products or product availability cross into the European market, you must comply with the EAA.
Considerations for U.S. Companies:
- Website and Digital Accessibility: If your company operates an e-commerce platform that serves European customers, you must ensure that your website and mobile apps comply with accessibility requirements. This is particularly critical for sectors like retail, where a significant portion of sales occur online.
- Product Accessibility Compliance: If your company ships or deploys software or digital services to Europe, these products must meet the EAA’s accessibility standards. This includes ensuring that your products are usable by people with disabilities, which may require significant changes to your product design and development processes, as well as the desire and requirement to obtain a third-party VPAT or ACR.
- Reputation and Trust: Accessibility is increasingly seen as a marker of corporate responsibility, specifically with global organizations embracing and publicizing DEI and Accessibility success through the Disability:IN Disability Equality Index. Companies that fail to comply with accessibility standards risk damaging their reputation both to consumers and their internal employees, both in Europe and globally. Compliance with the EAA can enhance your brand’s reputation and foster trust among European consumers.
Key Examples of the Risk for U.S.-Based Business Verticals
To provide some context, let’s examine how the EAA regulations play out across U.S.-based business verticals, which are likely the most high-risk for claims of non-conformance.
- E-Commerce & Retail
Business Example: You are a U.S.-based cosmetics brand with a Shopify storefront that sells and ships to the European market; the website (and mobile applications) you provide to consumers to purchase your products is required to meet compliance with the EAA. Essentially, if you are an e-commerce merchant selling or shipping to European consumers, you must provide a WCAG-conformant shopping experience. - Hospitality & Tourism
Business Example: You are a U.S.-based hotel that allows visitors to book through your website or mobile application, and you likely have visitors from Europe at your property each year. The ability to obtain information and book at your location, if offered to travelers from Europe, would need to be in compliance with the EAA. Hotels, Cruise Lines, and travel companies often rely on their websites and apps to reach global customers, including those in Europe. According to Trade.gov, roughly 30% of international travelers to the U.S. in 2023 were from Europe – placing a clear spotlight on the need for U.S.-based hospitality companies to ensure they are in compliance with the WCAG guidelines by June 2025. - Telehealth and Teletherapy
Business Example: You are a U.S. Telehealth organization that accepts patients or health insurance from individuals based in Europe. The access points (website) and web or mobile applications that service your patients must be in WCAG compliance. U.S.-based telehealth and teletherapy vendors offering services to European patients could face regulatory issues if their digital services do not comply with the EAA. Of note, the EAA compliance deadline is June 2025, roughly 12 months ahead of the HHS regulations, meaning compliance with the EAA would ensure you are also ahead of schedule in complying with these U.S. healthcare requirements!
What is the business case for aiming for WCAG 2.2 AA Conformance?
At Allyant, we emphasize to our clients the importance of live-user testing as a cornerstone of our approach to ensuring their websites and mobile or web applications can be tested in full to WCAG 2.2 AA conformance.
By engaging with users who have disabilities, your organization can identify and rectify accessibility barriers that might otherwise go unnoticed.
When building a compliance roadmap for the EAA, businesses face the research challenge of what it means to comply.
Ultimately, the EAA points to EN 301 549 as the standard for compliance. In its current state, EN 301 549 defines WCAG 2.1 AA as the baseline for conformance. Of note, this standard also outlines some additional conformance requirements that expand beyond just web content, as it applies to a broad range of ICT products—almost akin to a WCAG 2.1 AA “plus.”
The largely undocumented “plus” to this, specifically for digital products, adds some gray area in how to accurately document testing and compliance with the EAA regulations under EN 301 549.
Additionally, there are industry whispers that by the time June 2025 rolls around, this might be updated to WCAG 2.2 AA as it layers in more success criteria that apply to content and digital devices that expand beyond just web-based content.
In fact, here at Allyant, all our website and mobile accessibility audits are performed to WCAG 2.2 AA to ensure we are painting the full breadth of accessibility and usability issues to our clients, regardless of their business vertical or global footprint.
Technical Benefits of WCAG 2.2 AA Conformance:
- Alignment with EN 301 549: WCAG 2.2 AA conformance ensures alignment with EN 301 549, the EU’s standard for ICT accessibility, as it will ensure testing in full to WCAG 2.1 AA and beyond. This alignment is crucial for U.S. companies seeking to comply with the EAA, as it guarantees that their digital products meet European accessibility requirements while also ensuring they follow all U.S.-based legal requirements.
- Future-Proofing Your Results: By achieving WCAG 2.2 AA conformance, companies not only comply with current standards but also position themselves to adapt to future regulations. Companies could face a severe waste of business resources if they focus only on WCAG 2.1 AA compliance and testing, only to be required to comply with WCAG 2.2 AA by the time June (or shortly after that) rolls around if EN 301 549 regulations are updated. This proactive approach minimizes the risk of future legal challenges and ensures ongoing access to the European market.
- Enhanced User Experience: Accessibility improvements benefit all users, not just those with disabilities. By focusing on accessibility to the fullest extent, companies can enhance the overall user experience, leading to increased customer satisfaction and retention. This is one of the ultimate goals of WCAG 2.2, as it expands to devices and digital access points that align with heavily used technologies in today’s day and age. (Not just laptops and websites!)
Conclusion
The European Accessibility Act represents a significant shift in how web and digital accessibility is regulated in Europe, with implications extending globally far outside the European borders.
U.S. companies, especially those in the private sector or Title III space, must take the EAA seriously if they sell or offer digital services to European consumers.
By prioritizing WCAG 2.2 AA conformance and leveraging Allyant’s expertise in live-user testing and accessible procurement, your company can navigate the complexities of the EAA, ensuring compliance and continued access to the lucrative European market.
It is also important to note strongly that you cannot wait until the EAA deadline approaches.
Start assessing your website and mobile applications soon. It usually takes businesses 4-6 months to move their website or apps into WCAG 2.2 AA conformance or good standing. The deadline for EAA conformance is roughly nine months out, so time is of the essence!
By addressing these key areas, U.S. companies can comply with the EAA, strengthen their global market position, and build a more inclusive brand, meaning the return on accessibility investment is far-reaching.
For more information on how Allyant can help your business achieve WCAG 2.2 AA conformance and EAA compliance, contact our team below!
