Does the European Accessibility Act (EAA) Apply to the US?

With the European Accessibility Act compliance deadline approaching, many US businesses that operate in the EU are asking the same question: Does the EAA apply to the US?

In this article, we’ll break down who the EAA applies to, how it affects US-based companies, what’s required for compliance, and how to prepare if you serve customers in the EU.

Does the European Accessibility Act (EAA) Apply to the US?

The European Accessibility Act (EAA) doesn’t automatically apply in the United States (US).

However, if your US business sells products or services to consumers in the EU, you must still comply with the EAA. This is similar to how GDPR applies to U.S. companies that handle personal data from EU residents.

For small businesses, there’s an exemption. If you have fewer than 10 employees and annual revenue below €2 million, you’re not required to comply. Otherwise, EAA compliance is mandatory to operate in the EU.

Already Compliant with ADA Title III? You’re Almost There!

If your business follows US accessibility laws like the Americans with Disabilities Act (ADA) Title III, you’re already halfway there.

Both the ADA and EAA are based on WCAG standards for digital accessibility. So, if your website or app is already WCAG-compliant, you’ve met a core requirement of the EAA. However, there are version differences, so some updates are still needed.

The ADA references WCAG 2.1 Level AA, while the EAA requires WCAG 2.2 Level AA compliance. That means you’ll need to meet 13 additional success criteria to achieve WCAG 2.2 compliance and fully satisfy the EAA requirements.

But the EAA goes even further.

It doesn’t stop at websites and apps – the EAA also applies to products, both physical and digital. If you sell products like e-readers, smartphones, or operating systems to customers in the EU, those products must meet specific accessibility standards.

And it’s not just about the end product – it’s about the entire process.

The EAA Requires Process-Oriented Compliance

Unlike the ADA, which focuses on whether a product or service is accessible at a point in time, the EAA takes a process-oriented approach. It expects businesses to treat accessibility as an ongoing responsibility – not a one-time fix.

That means:

• Accessibility must be part of how you design, build, and maintain your products and services
• Your teams should have documented accessibility guidelines and regular testing cycles
• You need training, feedback loops, and procurement policies that support accessibility

This shift requires US businesses to bake accessibility into their workflows, not just their outcomes. It’s a mindset – and system – designed for long-term accessibility.

How to Be EAA Compliant as a US Business

To be EAA compliant as a U.S. business, your website and app must meet WCAG 2.2 Level AA, and any physical products you sell in the EU must follow accessibility standards such as EN 301 549 and other harmonised European requirements.

But compliance isn’t just about meeting technical criteria at a single point in time. The EAA requires an ongoing, process-oriented approach – meaning accessibility must be built into how you design, develop, test, and maintain your products and services over time.

Follow these steps to ensure your products and services comply with the EAA and remain accessible in the EU market.

Step 1: Check if the EAA applies to you

• Confirm whether your digital services or physical products fall under the EAA
• If you sell to EU consumers, you’re likely within scope

Step 2: Audit your products

• Review websites, apps, and physical products for accessibility gaps
• Use WCAG 2.2 Level AA for digital services
• Use EN 301 549 for physical products and related digital interfaces

Step 3: Fix accessibility issues

• Apply the POUR principles to websites and apps
• Follow universal design principles for physical products
• Ensure compatibility with assistive technologies

Step 4: Integrate accessibility into your workflow

• Embed accessibility into design, development, testing, and procurement
• Train your team and document standards
• Require accessibility from vendors and third-party tools

Step 5: Publish an accessibility statement

• Share your compliance status, known issues, and ongoing efforts
• Make it visible on your website or app

Step 6: Monitor and maintain compliance

• Run regular website audits
• Stay updated with WCAG and EU standard changes
• Collect feedback from users with disabilities

What Happens If You Don’t Comply with the EAA?

While the EAA is an EU law, it’s enforced individually by each EU member state – not by a central EU authority. That means if your US business sells to customers in the EU, you’re subject to local enforcement in each country where you operate.

If you’re non-compliant, you could face penalties in multiple countries, even for the same issue.

Here’s what enforcement can look like across the EU:

• Fines for non-compliance: These vary by country and can range from fixed amounts (e.g., €5,000–€250,000) to percentage-based penalties (up to 5% of your revenue).
• Daily fines: Some countries charge daily penalties (e.g., €1,000/day) if you miss accessibility deadlines.
• Sales bans: Authorities can block your product or service from being sold in their country until it meets EAA standards.
• Contract terminations: EU businesses and government agencies may cancel contracts with suppliers who fail to comply.
• Criminal charges: In rare cases, directors can face criminal liability – some countries (like Ireland) allow jail time for severe violations.

How WebYes Helps You Meet EAA Compliance

WebYes is here to make your website EAA compliant. If you’re unsure where to begin, our tool provides a clear starting point to help you work toward EAA website requirements.

With a detailed accessibility audit, WebYes identifies WCAG 2.2 violations that could impact users with disabilities. This gives you insight into what needs improvement to meet essential standards.

Note that automated tools alone can’t guarantee full WCAG compliance. After running an audit, WebYes will flag areas that require manual review.

By manually auditing these areas and addressing any issues, you can meet WCAG 2.2 Level AA requirements. That brings your website in line with the EAA’s digital accessibility expectations.