ADA vs EAA – Key Differences and How to Comply
Both the Americans with Disabilities Act (ADA) and the European Accessibility Act (EAA) aim for the same goal: equal access. But there are some differences between the ADA and EAA.
In this guide, we’ll break down those differences, explain who each law applies to, and show you what your website needs to do to stay compliant.
What Are the Key Differences between EAA and ADA?
The key differences between the EAA and ADA lie in their scope of coverage, types of organisations covered, geographic reach, technical standards, and enforcement authorities. Here’s a quick comparison between the two.
| ADA (Americans with Disabilities Act) | EAA (European Accessibility Act) | Note | |
|---|---|---|---|
| What It Is | A comprehensive civil rights law that prohibits discrimination against individuals with disabilities. | An EU directive aimed at improving the accessibility of products and services for persons with disabilities. | ADA is a law. EAA (opens in a new tab) is a directive that each EU Member State converts into law. |
| Scope of Coverage | Very broad – includes websites, buildings, transport, employment, and communication | Narrower – focuses only on digital and physical products and services | – |
| Who It Applies To | U.S. state/local governments (Title II) and private businesses open to the public (Title III) | Private businesses offering digital and physical products and services to EU customers | Both laws include exemptions in specific cases. Learn about ADA exemptions (opens in a new tab) and EAA exemptions (opens in a new tab). |
| Where It Applies | Applies across the U.S. and its territories. Also applies to non-U.S. businesses serving U.S. users | Applies across all EU Member States. Also affects non-EU businesses serving EU users. | – |
| Technical Standards | Uses WCAG 2.1 AA for digital accessibility. Broader ADA covers many non-digital standards, too. | Based on EN 301 549, which includes WCAG 2.1 AA plus additional technical and hardware accessibility requirements | – |
| Enforcement Authority | Primarily enforced by the U.S. Department of Justice (DOJ), with other federal agencies involved in some cases | Enforced by national authorities designated by each EU Member State | Enforcement varies by region and sector. See how ADA is enforced (opens in a new tab) and how EAA enforcement (opens in a new tab) works. |
How the ADA and EAA Overlap
While the ADA and EAA differ in structure and enforcement, they share one big thing in common: they both point to WCAG 2.1 AA as the benchmark for digital accessibility.
The EAA requires compliance with EN 301 549 (opens in a new tab), which references WCAG 2.1 AA for websites and apps. The ADA recommends WCAG 2.1 AA for public websites and apps, and although it doesn’t explicitly mention WCAG for private businesses, it is widely considered the de facto standard.
In practice, this means you don’t need two separate strategies. If your website meets WCAG 2.1 AA, you’re compliant with both the ADA and EAA (as things stand). You don’t need to follow different guidelines for each law; one accessibility approach covers both.
How to Make Your Website Compliant with the ADA and EAA
To make your website compliant with the ADA and the EAA, you simply need to meet WCAG 2.1 Level AA. Easier said than done – we know. But here are five steps that will help you achieve compliance and stay that way.
- Run an automated audit to catch common accessibility issues
- Conduct a manual audit to identify more complex errors
- Fix the issues found during the audits to make your website accessible
- Publish an accessibility statement to show your compliance
- Monitor your website regularly to maintain compliance
Let’s take a closer look at each step.
1. Run an automated audit to catch common accessibility issues
Start by evaluating how well your website currently complies with ADA and EAA standards. An automated audit can help you identify compliance gaps and common, easy-to-fix issues such as missing alt text, low contrast, and empty buttons.
For this purpose, you can use the WebYes ADA and EAA Compliance Checker below. Just enter your URL to get a quick snapshot of your accessibility compliance percentage. It’s a starting point – not the full picture – but it helps you focus on the low-hanging fruits first.
2. Conduct a manual audit to identify more complex errors
Automated tools (opens in a new tab) can’t catch everything, especially the ones that require human judgment (like screen reader behaviour). To get the full picture of your website’s accessibility, you need a manual audit. It helps you identify all WCAG 2.1 Level AA violations.
Manual audits are best done with the help of accessibility experts or trusted services. But you can also try a guided manual audit using tools like WebYes or Accessibility Insights. Just keep in mind, it can be tedious and requires patience and attention to detail.
3. Fix the issues found during the audits to make your website accessible
Once you’ve identified accessibility problems through automated and manual audits, the next step is to fix them. This may include adding alt text, improving contrast, fixing focus order, updating headings, or making interactive elements usable with a keyboard and screen reader.
Start with high-impact issues on your high-traffic pages. You don’t have to fix everything at once. Partial compliance is okay, as long as you’re transparent about what’s still inaccessible and share a clear roadmap for addressing it in the future.
4. Publish an accessibility statement to show your compliance
An accessibility statement helps you stay transparent about your website’s current status and accessibility efforts. It shows both users and regulators that you’re taking accessibility seriously. The EAA requires it, and under the ADA, it’s considered best practice.
You can generate one using tools like the WebYes Accessibility Statement Generator (opens in a new tab) or follow templates from the W3C or national authorities. We also have a dedicated guide on creating an accessibility statement for EAA compliance (opens in a new tab).
5. Monitor your website regularly to maintain compliance
Accessibility isn’t a one-time fix. Websites change often, and new issues can appear without you realising it. Regular monitoring helps you catch problems early, especially after design updates, content changes, or adding third-party tools.
For ongoing website accessibility monitoring, you can use WebYes. It runs automated audits and tracks your accessibility score over time, helping you stay on top of compliance. If you’d like to give it a try, just sign up for free (opens in a new tab) and start exploring the tool.
FAQs
The ADA is a U.S. law that covers both physical and digital accessibility. The EAA is an EU directive focused only on digital and physical products and services. While their scope is different, both aim for accessibility and inclusivity.
Yes, if your website serves users in both the U.S. and the EU. The ADA applies to businesses operating in the U.S. or targeting U.S. customers. The EAA applies to businesses offering digital and physical products and services to EU consumers, even if the business is based outside the EU.
Yes, the website accessibility requirements under the EAA and ADA are the same. The EAA requires compliance with EN 301 549, which references WCAG 2.1 AA for websites and apps. The ADA recommends WCAG 2.1 AA for public websites and apps, and although it doesn’t explicitly mention WCAG 2.1 AA for private businesses, it is widely considered the de facto standard.
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