Organizations that operate in both the United States and the European Union can address ADA and EAA compliance through a single accessibility effort rooted in WCAG conformance. The ADA and the European Accessibility Act share a common technical foundation: both point to WCAG 2.1 AA (or higher) as the standard for digital accessibility. That overlap is the key to covering both regulations without duplicating work.
A well-structured accessibility project can satisfy both laws with one audit, one remediation cycle, and one set of documentation. The approach is more about coordination than extra labor.
| Factor | What to Know |
|---|---|
| Shared Standard | Both the ADA and EAA rely on WCAG 2.1 AA as the primary technical benchmark for web and digital content. |
| EAA Technical Standard | The EAA maps to EN 301 549, which incorporates WCAG 2.1 AA and adds requirements for non-web digital products. |
| Documentation | An ACR (completed from a VPAT template) serves U.S. procurement needs. The EAA may require an EU Declaration of Conformity and an accessibility statement. |
| Audit Scope | One manual WCAG 2.1 AA audit can serve as the technical foundation for both ADA and EAA conformance documentation. |
| Remediation | Fixing accessibility issues identified in a WCAG audit applies equally to both regulations. |
Why the ADA and EAA Share a Technical Foundation
The ADA does not name a specific web accessibility standard in its original text. But federal enforcement actions, court settlements, and the DOJ’s ADA Title II regulation all point to WCAG 2.1 AA as the benchmark. In practice, WCAG 2.1 AA conformance is what ADA compliance looks like for websites and digital content.
The EAA, which went into effect in June 2025 for EU member states, references EN 301 549. That European standard incorporates the full set of WCAG 2.1 AA criteria for web content. EN 301 549 also covers non-web software, hardware, and other ICT products, but the web layer is WCAG.
This means an organization that conforms to WCAG 2.1 AA has already done the core technical work for both laws. The differences are in documentation, scope of covered products, and enforcement structure, not in the underlying accessibility standard.
What Does a Combined Compliance Approach Look Like?
Start with a single manual WCAG 2.1 AA audit. This audit evaluates your website, web app, or digital product against the same criteria that both laws reference. An auditor identifies accessibility issues, documents them by WCAG criterion, and provides a report your team uses for remediation.
One audit, conducted by a qualified auditor, produces one set of results. Those results feed into both your ADA documentation and your EAA documentation. You are not paying for two separate evaluations of the same content against the same standard.
After remediation, the same conformance status applies to both regulatory contexts. A product that conforms to WCAG 2.1 AA is positioned for ADA compliance and EAA compliance equally.
Where the ADA and EAA Differ
The technical overlap is significant, but the two frameworks are not identical.
The ADA applies primarily through Title II (state and local government) and Title III (places of public accommodation, including commercial websites). ADA compliance is enforced through lawsuits and DOJ actions in the U.S. Documentation like an ACR, generated from a VPAT template, is commonly requested in procurement but is not an ADA statutory requirement.
The EAA applies to products and services sold within the EU. It covers websites, mobile apps, e-commerce platforms, self-service terminals, and more. Compliance is enforced by each EU member state’s market surveillance authority. The EAA expects an accessibility statement and, for many products, an EU Declaration of Conformity.
EN 301 549 also includes criteria beyond web content. If your product involves non-web software (desktop applications, for example) or hardware interfaces, you will need to evaluate those components against the additional EN 301 549 criteria that go beyond WCAG. For purely web-based products, the WCAG portion of EN 301 549 covers the requirement.
Documentation for Both Regulations
This is where most organizations need to plan carefully. The audit output is the same, but the documentation formats differ.
For U.S. purposes, an ACR is the standard document. The VPAT is the template; the ACR is what you produce once the template is filled in based on your audit results. The WCAG edition of the VPAT is the most common choice for SaaS companies and web products. If your product also needs to demonstrate Section 508 or EN 301 549 conformance, the INT edition of the VPAT covers all three.
For EAA purposes, you will likely need an accessibility statement published on your website and, depending on your product type, an EU Declaration of Conformity. The accessibility statement should reference EN 301 549 and describe the conformance status of your product, known accessibility issues, and contact information for users who encounter problems.
A single audit produces the evidence for all of these documents. One evaluation cycle, multiple documentation outputs.
Can You Use WCAG 2.2 AA Instead?
Yes, and it may be a smart move. WCAG 2.2 AA is backward-compatible with 2.1 AA. Conforming to WCAG 2.2 AA means you also conform to 2.1 AA. If you are investing in an audit and remediation cycle that will serve two regulatory frameworks, choosing WCAG 2.2 AA gives you a higher conformance level without adding significant cost.
More procurement requests are specifying WCAG 2.2 AA. Auditing to the newer version now means your documentation stays current longer. The ACR and accessibility statement both benefit from referencing the most recent applicable standard.
Scans Are Not Enough for Either Law
Automated accessibility scans are a useful monitoring tool, but they cannot determine WCAG conformance. Scans only flag approximately 25% of issues. Neither ADA compliance nor EAA compliance can be verified through scanning alone.
A manual accessibility audit, conducted by a qualified auditor, is the only way to determine WCAG conformance. That holds true whether you are documenting for an ACR, an EAA accessibility statement, or both.
How to Structure the Project
For organizations that need to take care of ADA and EAA compliance simultaneously, here is a practical sequence:
- Define scope: identify all digital products that fall under both the ADA and EAA. Websites, web apps, mobile apps, and e-commerce platforms are common.
- Conduct a WCAG 2.1 AA (or 2.2 AA) audit on the identified digital assets.
- Remediate the accessibility issues identified in the audit report.
- Generate documentation: complete an ACR from the VPAT template for U.S. procurement needs. Draft an accessibility statement referencing EN 301 549 for EAA purposes.
- Establish a monitoring plan: periodic scans to catch regressions, with follow-up audits after significant product changes.
This sequence works because the technical evaluation is the same. The outputs diverge only at the documentation stage.
Does the EAA require a VPAT or ACR?
No. The VPAT/ACR format is a U.S. convention used primarily in procurement. The EAA requires an accessibility statement and may require an EU Declaration of Conformity depending on the product. However, if your product is sold in both the U.S. and EU markets, having both an ACR and an accessibility statement is the right approach. The same audit data feeds both.
What if my product includes non-web components?
EN 301 549 extends beyond WCAG to cover non-web software, hardware, and other ICT. If your product has desktop software, kiosk interfaces, or other non-web elements, those components need to be evaluated against the relevant EN 301 549 criteria separately. The web portions still map directly to WCAG 2.1 AA.
How often should I update my compliance documentation?
ACRs do not have a formal expiration date, but updating after significant product changes is recommended. Accessibility statements should be reviewed on a similar schedule. If your product ships frequent updates, a quarterly review of both documents keeps them accurate and credible.
Addressing ADA and EAA compliance in a single, coordinated effort saves time and cost. The shared reliance on WCAG 2.1 AA makes it possible. The work is one audit, one remediation cycle, and two sets of documentation that draw from the same source.
Contact Kris Rivenburgh for guidance on structuring your ADA and EAA compliance project.