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Accessibility Icon with EU stars overlaying globe showing Europe and US - EAA EN 301 549

EAA & EN 301 549 Compliance: European Accessibility Act Lands in June

David Gibson

For any company engaging with the European market, you need to be very aware of the European Accessibility Act (EAA). This act is quite similar to GDPR, but instead of addressing data and privacy, it requires accessibility compliance of web apps, ecom website, and mobile apps by June 2025. The standard for compliance is EN 301 549 (WCAG 2.1 AA). In short providers of web app and cloud software, ecommerce, and mobile apps who engage in the European market need to move quickly to ensure their digital properties and content are EN 301 549 / WCAG compliant.

What is the European Accessibility Act (EAA)?

Think of the EAA as the GDPR for accessibility. Just as GDPR reshaped how businesses handle data, the EAA is set to redefine how digital products and services accommodate people with disabilities. 

The EAA law is designed to ensure equal access to products and services across the European Union. Enforced by EU member states, the EAA applies to a wide range of digital and physical products, including websites, mobile apps, software, and ecommerce platforms. Its primary goal is to break down barriers for people with disabilities, fostering inclusivity and equal participation in society.

The EAA sets out clear accessibility requirements for any company doing business in the EU, with a focus on harmonizing standards across the EU. This consistency not only benefits consumers but also simplifies compliance for companies operating in multiple countries. For digital products, EN 301 549 serves as the technical standard to achieve compliance under the EAA. 

What is EN 301 549?

EN 301 549 is the technical standard underpinning the EAA. Built on WCAG 2.1 Level AA guidelines, it ensures that websites, software, mobile apps, and other ICT products are accessible to people with disabilities. So if your ecommerce site, cloud software / SaaS/ web software or mobile apps are WCAG 2.1 AA compliant, they're also compliant with EN 301 549.

Why EN 301 549 Compliance is Critical for Mobile, SaaS and Ecommerce Providers

Global Compliance Implications

For U.S. businesses operating in the EU, compliance with EN 301 549 is non-negotiable. The EAA mandates accessibility for ICT products and services, with each EU member state responsible for enforcement. Non-compliance can result in fines, reputational damage, and exclusion from lucrative markets.

Expanding Markets

Globally, there are over 1 billion people with disabilities, representing a significant, often underserved market. Additionally, seniors, a rapidly growing demographic, face similar accessibility challenges. By prioritizing accessibility, businesses can tap into this vast market segment, fostering inclusivity and driving growth. In the U.S. alone, the spending power of seniors exceeds \$548 billion annually, making them a critical audience for SaaS, ecommerce, and mobile app providers.

For U.S. businesses operating in the EU, compliance with EN 301 549 is non-negotiable. The EAA mandates accessibility for ICT products and services, with each EU member state responsible for enforcement. Non-compliance can result in fines, reputational damage, and exclusion from lucrative markets.

Enhanced User Experience

Accessibility is not merely a matter of compliance; it’s a chance to rethink and elevate the digital experience for all users. Features like keyboard navigation, screen reader compatibility, and clear visual contrast don’t just benefit users with disabilities and seniors; they enhance usability for everyone. Good usability increases engagement, which in turn boosts conversions, helping businesses achieve both accessibility and growth goals.

SEO and Discoverability

EN 301 549 compliance aligns with many SEO best practices. Structured data, descriptive alt text, and well-organized content not only improve accessibility but also boost search engine rankings and visibility.

Steps to Achieve EN 301 549 Compliance

1. Conduct an Accessibility Audit

An accessibility audit is the foundation of any compliance effort, and its success hinges on the expertise behind it. Our approach at Accessibility.Works combines automated scans with manual testing conducted by seasoned accessibility professionals. This ensures that even nuanced issues, like screen reader functionality or keyboard navigation gaps, are identified and addressed. Unlike automated tools (that can only detect ~ 60% of WCAG criteria) or junior-level testers, our team brings decades of experience to pinpoint issues and provide actionable, developer-friendly guidance.

  • Use both automated tools and manual testing to identify barriers.
  • Focus on key areas like keyboard navigation, screen reader compatibility, and mobile responsiveness.

2. Prioritize Remediation

  • Address critical issues first, such as color contrast and missing alt text.
  • Ensure that SaaS interfaces, mobile apps, and ecommerce platforms meet compliance criteria.

3. Integrate Accessibility into Development

  • Make accessibility a core part of your design and development workflows.
  • Provide ongoing training for your teams to maintain compliance.

4. Leverage VPATs and ACRs

  • Document your compliance efforts with Voluntary Product Accessibility Templates (VPATs) and Accessibility Conformance Reports (ACRs).
  • These tools not only demonstrate compliance but also build trust with clients and partners.

Overlays: The Quick Fix That Falls Short

Some businesses may be tempted to use accessibility overlays—automated tools that claim to make digital products instantly compliant. However, as the European Commission pointed out in 2023, “Claims that a website can be made fully compliant without manual intervention are not realistic.” Overlays may address surface-level issues but fail to meet the robust standards set by EN 301 549 and WCAG 2.1 AA. Genuine accessibility requires a combination of automated tools and human intervention. Here is the full story on overlays and their problems.

Are There Any Exceptions for EAA Compliance?

While the EAA establishes rigorous accessibility requirements, it does acknowledge that achieving full compliance may not always be feasible. The "Disproportionate Burden Clause" allows entities to claim exceptions if they can demonstrate that meeting the requirements would impose undue hardship. However, this isn’t a free pass—companies must provide clear documentation and justification for why compliance cannot be reasonably achieved. Additionally, even if an exception is granted, businesses are still expected to take reasonable steps to maximize accessibility wherever possible.

Risks of Inaction

Failing to comply with EN 301 549 isn’t just a missed opportunity; it’s a liability with tangible repercussions for your business:

  • Legal Consequences: Penalties, fines, and lawsuits can be levied by EU member states.
  • Market Exclusion: Non-compliance may shut your business out of lucrative European markets.
  • Reputational Damage: Failing to prioritize accessibility can erode trust among customers and partners, especially in a market that values inclusivity.

Enforcement Structure and Process

Each EU member state plays a pivotal role in enforcing EAA compliance, creating a decentralized enforcement model. Businesses must be prepared to navigate varying national procedures, which may include:

  • Routine Audits: Authorities may conduct periodic evaluations of accessibility compliance.
  • Fines and Corrective Actions: Non-compliance can result in financial penalties and mandatory remediation orders.
  • Transparency Mechanisms: Public reporting of accessibility efforts increases accountability and encourages businesses to proactively comply.

Proactive measures, such as maintaining robust documentation like VPATs and ACRs, not only demonstrate compliance but also mitigate risks in the event of an audit. Companies that embrace compliance position themselves as industry leaders, setting a benchmark for inclusivity and innovation.

Wrap Up: Accessibility as a Strategic Imperative

Investing in accessibility compliance isn’t just about avoiding fines—it’s about building better digital experiences, expanding your market reach, and future-proofing your business. As EN 301 549 and the EAA come into full effect, the companies that prioritize accessibility today will lead the way in 2025 and beyond.

Ready to get started? Accessibility.Works offers human-led WCAG audits, remediation guidance, and VPAT authoring to help you meet and exceed accessibility standards. Let’s build a more inclusive digital world together.

 

Additional Reading: European Accessibility Act Compliance Requirements: The Next GDPR