If your US company sells digital products or services to customers in the European Union, the European Accessibility Act (EAA) applies to you. The EAA went into effect on June 28, 2025, and it requires that covered digital products and services meet accessibility standards aligned with EN 301 549 and WCAG 2.1 AA. This is not limited to European businesses. Any company placing products or services into the EU market falls within scope.
For US companies with European customers, the EAA creates a new compliance obligation that did not previously exist at this scale. Understanding what is required now is more productive than reacting to enforcement later.
| Factor | Detail |
|---|---|
| Effective Date | June 28, 2025 |
| Standard | EN 301 549, which maps to WCAG 2.1 AA |
| Who It Covers | Any company offering covered products or services in the EU market, regardless of where the company is headquartered |
| Covered Digital Assets | Websites, web apps, mobile apps, e-commerce platforms, eBooks, and other digital services |
| Enforcement | Each EU member state enforces through its own authority, with penalties varying by country |
| Path to Conformance | A (manual) accessibility audit against WCAG 2.1 AA, followed by remediation |
Does the EAA Apply to Companies Outside Europe?
Yes. The EAA does not care where your company is incorporated. It cares where your customers are. If a US-based SaaS company sells subscriptions to users in Germany, France, or any other EU member state, the EAA applies to that product.
This is similar to how GDPR works. The regulation follows the customer, not the company’s headquarters. US companies that serve EU customers through ecommerce, web apps, mobile apps, or digital platforms are within scope.
What Digital Assets Are Covered?
The EAA covers a wide category of digital products and services. For most US companies, the relevant assets include websites used to sell products or services to EU customers, web applications and SaaS products accessed by EU users, mobile apps distributed in EU app stores, ecommerce platforms including Shopify stores serving EU markets, self-service terminals and kiosks (hardware with digital interfaces), and electronic documents including eBooks.
If your digital product touches the EU market, it likely falls under the EAA. The act is broad by design, covering banking services, transportation, telecommunications, and general ecommerce.
What Standard Does the EAA Require?
The EAA references EN 301 549 as the harmonized European standard for digital accessibility. EN 301 549 incorporates WCAG 2.1 AA for web and mobile content. In practice, achieving WCAG 2.1 AA conformance is the core technical requirement.
Some US companies already target WCAG 2.1 AA or WCAG 2.2 AA for ADA compliance purposes. If your digital assets conform to WCAG 2.1 AA, you are well positioned for EAA compliance. The underlying technical criteria overlap significantly.
Audits evaluate against WCAG 2.1 AA and WCAG 2.2 AA, and many companies pursuing EAA compliance start with an audit to identify where their product currently stands.
How Does the EAA Differ from ADA Requirements?
The ADA does not explicitly name WCAG as a technical standard for private businesses (Title III). Courts have interpreted ADA obligations to align with WCAG, but there is no codified requirement specifying a version or conformance level for most private-sector websites.
The EAA is different. It directly references EN 301 549 and, by extension, WCAG 2.1 AA. The requirement is explicit, not inferred. And enforcement is structured through designated national authorities in each EU member state, not through private litigation.
For US companies, this means two separate but related compliance tracks. ADA compliance addresses the US legal environment. EAA compliance addresses the European one. The good news: the technical work overlaps almost entirely. A product that conforms to WCAG 2.1 AA satisfies the core technical requirement for both.
What Happens If a US Company Does Not Comply?
Each EU member state is responsible for establishing its own enforcement mechanism and penalties. The consequences vary by country but can include fines, orders to remove non-conforming products from the market, or restrictions on selling into the EU.
Enforcement is still developing in many countries, but the directive is active. Companies that wait for enforcement actions before addressing accessibility are accepting unnecessary risk.
What Should US Companies Do Now?
The most direct path forward is clear:
- Identify which digital assets are accessed by EU customers
- Conduct a (manual) accessibility audit of those assets against WCAG 2.1 AA (scans only flag approximately 25% of issues)
- Prioritize and remediate the issues the audit identifies
- Document conformance through an ACR or accessibility statement
- Establish a maintenance plan to keep accessibility current as your product changes
A (manual) accessibility audit is the only way to determine WCAG conformance. Automated scans are useful for monitoring but cannot evaluate the full scope of WCAG criteria. Starting with an audit gives your team a clear, accurate picture of what needs to be addressed.
For companies that also need procurement documentation, a VPAT (filled out as an ACR) based on the WCAG or EN 301 549 edition maps directly to EAA requirements.
Does a VPAT or ACR Help with EAA Compliance?
A VPAT is the template. An ACR is the completed document that reports your product’s conformance status against a specific standard. For EAA purposes, an ACR based on the EN 301 549 edition directly addresses the European standard.
Many enterprise buyers in Europe already request ACRs during procurement. Having a current ACR demonstrates that your company has evaluated its product and can substantiate its accessibility claims. This is not a legal shield, but it is strong evidence of good faith and due diligence.
ACRs do not have a formal expiration date. Updating your ACR after significant product changes keeps the document meaningful and credible.
Can One Audit Cover Both ADA and EAA?
In most cases, yes. A WCAG 2.1 AA audit covers the technical criteria referenced by both ADA expectations and the EAA (through EN 301 549). One thorough audit can serve as the foundation for both US and European compliance.
The difference is in documentation and framing. For ADA purposes, you may want an accessibility statement and certification documents. For EAA compliance, an ACR on the EN 301 549 edition and a conformance declaration may be appropriate. But the underlying evaluation is the same.
Frequently Asked Questions
Do I need a separate audit for EAA compliance if I already have one for ADA?
Probably not. If your existing audit evaluated against WCAG 2.1 AA, the technical assessment already covers what the EAA requires. You may need to produce an ACR on the EN 301 549 edition for European procurement, but the audit work carries over.
Does the EAA apply to small US businesses selling to a few EU customers?
The EAA includes a microenterprise exemption for businesses with fewer than 10 employees and annual turnover under 2 million euros. If your US company exceeds those thresholds and serves EU customers, the EAA applies regardless of how many EU customers you have.
What is the difference between EN 301 549 and WCAG 2.1 AA?
EN 301 549 is the broader European standard that covers ICT products and services. For web and mobile content, it incorporates WCAG 2.1 AA directly. EN 301 549 also includes additional requirements for hardware, documentation, and support services that go beyond WCAG.
How much does it cost to become EAA compliant?
The primary cost is the accessibility audit and subsequent remediation. Audit pricing depends on the number of pages or screens, complexity, and the standard being evaluated. Remediation cost depends on how many issues the audit identifies and the severity of those issues. Companies that have already invested in WCAG conformance will have lower costs.
The EAA is now active, and US companies with European customers have a concrete compliance obligation. The technical path, achieving WCAG 2.1 AA conformance through a thorough audit and remediation, is the same work that supports ADA compliance. Addressing both with one effort is practical and efficient.
Contact Kris Rivenburgh for guidance on EAA compliance and accessibility audits for your digital products.