EAA Enforcement Begins: June 28, 2025 - -200 days remaining

EU Web Accessibility Directive vs European Accessibility Act

The European Union has two major accessibility laws that businesses need to understand: the Web Accessibility Directive (WAD) for public sector websites, and the European Accessibility Act (EAA) for private sector products and services. This guide explains both laws, their requirements, and how they affect your organization.

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Both laws require WCAG 2.1 AA conformance. Scan your website to see where you stand.

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Quick Comparison: WAD vs EAA

AspectWeb Accessibility DirectiveEuropean Accessibility Act
ScopePublic sector onlyPrivate sector (e-commerce, banking, etc.)
Effective DateSeptember 2020June 28, 2025
StandardWCAG 2.1 AA (EN 301 549)WCAG 2.1 AA (EN 301 549)
EnforcementMember state authoritiesMarket surveillance authorities
PenaltiesVaries by countryUp to €100,000+ per violation
Geographic ScopeEU public bodiesAny business serving EU customers

The Web Accessibility Directive (WAD)

What is the WAD?

Directive (EU) 2016/2102 on the accessibility of websites and mobile applications of public sector bodies was adopted in October 2016 and required transposition into national law by September 2018. It mandates that public sector websites and mobile apps be accessible to people with disabilities.

The directive applies to websites of government bodies, public hospitals, public universities, libraries, courts, and other public institutions across all EU member states. It references the European standard EN 301 549, which aligns with WCAG 2.1 Level AA.

Who Must Comply with WAD?

  • • Central government websites and apps
  • • Regional and local government bodies
  • • Public law bodies (hospitals, universities)
  • • Bodies governed by public law
  • • Associations formed by public authorities

WAD Requirements

  • • Conform to WCAG 2.1 Level AA (via EN 301 549)
  • • Publish an accessibility statement
  • • Provide a feedback mechanism for users
  • • Conduct regular accessibility monitoring
  • • Report compliance status to EU Commission

WAD Exemptions

Certain content is exempt from WAD requirements:

  • • Office file formats published before September 23, 2018
  • • Pre-recorded audio and video published before September 23, 2020
  • • Live audio and video
  • • Online maps (but accessible alternatives for essential info required)
  • • Third-party content not under authority's control
  • • Archived content not needed for ongoing administrative processes
  • • Intranets/extranets published before September 23, 2019 (until redesigned)
  • • Content of schools/kindergartens (except essential functions)

The European Accessibility Act (EAA)

What is the EAA?

Directive (EU) 2019/882 on the accessibility requirements for products and services was adopted in April 2019. Unlike the WAD which targets public sector, the EAA focuses on private sector products and services that are essential to daily life.

The EAA is a harmonization directive designed to create consistent accessibility requirements across EU member states, removing barriers to cross-border trade while improving accessibility for the 87 million people with disabilities in the EU.

Products Covered by EAA

  • • Computers and operating systems
  • • Self-service terminals (ATMs, ticketing machines, check-in kiosks)
  • • Smartphones and tablets
  • • TV equipment with computing capability
  • • E-readers
  • • Consumer terminal equipment for communication services

Services Covered by EAA

  • E-commerce websites and apps (online stores)
  • • Electronic communications services
  • • Banking services for consumers
  • • E-books and dedicated software
  • • Audio-visual media services (streaming platforms)
  • • Air, bus, rail, and waterborne passenger transport services

EAA E-commerce Requirements

For e-commerce businesses, the EAA specifically requires:

  • • Accessible product identification and selection
  • • Accessible payment and checkout processes
  • • Accessible customer support and feedback mechanisms
  • • WCAG 2.1 AA conformance for all web content
  • • Accessible mobile apps if offered
  • • Accessible PDF documents (invoices, receipts)

EAA Exemptions

The EAA provides exemptions for:

  • Microenterprises (fewer than 10 employees AND annual turnover/balance sheet under €2 million)
  • Disproportionate burden - when compliance would fundamentally alter the service or impose excessive costs
  • • Products/services placed on market before June 28, 2025 (grandfather clause - continues until June 28, 2030)

Note: Claiming disproportionate burden requires documented assessment and must be reassessed when service changes or every 5 years.

EAA Penalties and Enforcement

Potential Penalties

  • • Fines up to €100,000 per violation (varies by country)
  • • Orders to remove non-compliant products from market
  • • Prohibition of placing products/services on market
  • • Public notification of non-compliance
  • • Potential private legal action from consumers

Enforcement Mechanism

  • • Each member state designates market surveillance authorities
  • • Authorities can request compliance documentation
  • • Consumers can file complaints directly
  • • Disability organizations can represent consumers
  • • Cross-border enforcement cooperation between states

Key Dates and Timeline

2016

WAD Adopted

Web Accessibility Directive becomes EU law

2019

EAA Adopted

European Accessibility Act published in EU Official Journal

2020

WAD Fully Enforced

All public sector websites and mobile apps must comply

2022

EAA Transposition Deadline

Member states must incorporate EAA into national law by June 28, 2022

2025

EAA Enforcement Begins

June 28, 2025: All covered products and services must comply

2030

Grandfather Clause Expires

Products/services placed on market before 2025 must comply by June 28, 2030

How to Prepare for EAA Compliance

1

Audit Your Current Status

Run an accessibility scan to identify WCAG 2.1 AA violations across your website and apps.

2

Prioritize Critical Issues

Focus on checkout, payment, and essential functions that directly impact customer ability to complete purchases.

3

Create Remediation Roadmap

Plan fixes with clear timelines. Address Level A issues first, then AA requirements.

4

Document Everything

Keep records of accessibility efforts, audits, and fixes. You may need to demonstrate compliance to authorities.

5

Publish Accessibility Statement

Create a public statement describing your conformance level, known limitations, and contact for accessibility feedback.

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Both WAD and EAA require WCAG 2.1 AA conformance. Our free scanner identifies violations and provides prioritized fix recommendations.

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