Understanding the European Accessibility Act

Introduction

The European Accessibility Act (EAA) is a landmark piece of legislation that will reshape how private sector businesses deliver digital services across the European Union. From 28 June 2025, it becomes a legal requirement for companies that trade with or serve customers within the EU to ensure that their digital content, products, and services are accessible to everyone, including disabled people.

Although the law was introduced several years ago, many businesses remain unaware of what it entails or how it applies to them. This lack of awareness is deeply concerning, especially given the potential consequences of non-compliance. These include financial penalties, legal enforcement, damage to reputation, and significant operational challenges.

This guide has been written to help businesses of all sizes understand what the EAA means, why it matters, and what practical steps should be taken now to avoid risk and embrace inclusive digital practice.

Global Accessibility Law

Accessibility legislation has developed unevenly across different regions of the world, but the trajectory is clear: governments are tightening requirements to ensure that disabled people are not excluded from digital life.

In the United States, digital accessibility has been shaped largely through court cases. Section 508 of the Rehabilitation Act, updated in 1998, mandated accessibility for public sector websites. More recently, the Americans with Disabilities Act (ADA) has been interpreted by courts to apply to private websites as well, leading to thousands of lawsuits. This legal pressure has forced many US businesses to take accessibility seriously.

In contrast, the European Union and the United Kingdom adopted a more structured approach. In 2019, both introduced regulations requiring public sector websites and apps to be accessible. In the UK, this came in the form of the Public Sector Bodies Accessibility Regulations 2018. These mirrored the EU Web Accessibility Directive and laid the groundwork for future expansion.

That expansion has now arrived. The European Accessibility Act is the next phase. It extends digital accessibility requirements beyond the public sector and brings private companies within scope. Any organisation anywhere in the world that serves EU customers must comply. This includes websites, apps, self-service terminals, e-commerce systems, and other digital interfaces.

Current Awareness Gap

Despite having six years to prepare, most businesses have not been made aware of the EAA. There has been little formal guidance, almost no government-led campaigns, and only a small amount of industry communication.

Informal polling reveals the scale of the problem:

44 percent of businesses had never heard of the EAA at all.
44 percent only became aware of it through conversations with peers or suppliers.
12 percent learned of it via occasional mentions on social media.
Zero percent reported receiving direct government communication about it.

This vacuum of guidance has left businesses dangerously exposed. Many have continued operating under the assumption that digital accessibility is a public sector issue. Others believe that installing an accessibility widget or overlay meets their obligations. Neither is true. The enforcement date is fast approaching, and once it arrives, there will be no grace period.

Estimated Scale of Impact

The number of UK businesses affected by the EAA is substantial. While no official estimate has been published, even a conservative reading of the legislation suggests that between 200,000 and 400,000 businesses may be within scope.

This includes online retailers, professional services, software as a service platforms, banks, educational providers, content creators, consultants, and any other business that delivers digital services accessed by people in the European Union. Physical location is not the deciding factor. If EU customers are using your service, you are included.

Legal, Financial and Commercial Risks

The consequences of non-compliance are not theoretical. The EAA creates a wide range of risks that must be taken seriously by business leaders.

Financial penalties: Regulators in each EU member state will be able to issue fines for accessibility violations, using enforcement models similar to GDPR.

Contractual exposure: Companies may find themselves excluded from tenders or procurement frameworks due to non-compliance. Existing contracts may be terminated or challenged if digital access is restricted.

Legal enforcement: Businesses can be investigated and held accountable by regulators, even if they are based outside the EU. The EAA applies extraterritorially to anyone serving EU customers.

Reputation and ESG risk: Failures in accessibility are increasingly seen as failures in inclusion and social responsibility. Investors, partners, and customers expect better.

Operational cost: Trying to retrofit accessibility under legal pressure is far more expensive than planning for it in advance. It can also create major delays and disruptions to digital projects.

Why Overlay Solutions Are Not Enough

The demand for fast fixes has given rise to a new category of tools: accessibility overlays. These are bits of software added to websites via JavaScript that claim to automatically fix accessibility issues. They are marketed as instant solutions, often with vague or misleading claims about compliance.

Examples include AccessiBe, UserWay, and Recite Me. These companies present overlays as a way to avoid the cost and effort of proper remediation. However, they do not fix the real issues. In many cases, they create additional barriers, particularly for screen reader users and keyboard navigation.

In the United States, legal action has already been taken against companies relying on overlays. Courts have ruled that these tools do not meet legal standards and can actually make sites less accessible.

The EAA is clear: real accessibility is about removing barriers at the source. That means addressing your code, your content, and your design. Overlays do not deliver compliance. They deliver risk.

EAA Enforcement Model

Unlike the US, where enforcement is often driven by private litigation, the EAA introduces a centralised regulatory model.

Each EU member state will appoint a national regulator to oversee digital accessibility compliance.
These regulators will monitor businesses, investigate complaints, and apply penalties where appropriate.
The law applies to both EU-based companies and those located elsewhere if they provide services to EU customers.
Enforcement begins from 28 June 2025. Ignorance of the law will not be accepted as an excuse.

Steps to Compliance

1. Commission a full accessibility audit: Start with a professional review of your website and digital services. This should include live testing with disabled users and manual inspection against WCAG 2.2 criteria. Automated scans alone will not uncover the real barriers.

2. Publish a valid Accessibility Statement: This is a legal requirement. Your statement must accurately reflect your current level of accessibility and outline the steps being taken to improve it. It must also include contact information for user feedback.

3. Develop a remediation plan: Accessibility improvements often take time. A phased plan allows you to address the most urgent issues first while continuing toward full compliance. Document your progress clearly.

4. Work with accessibility experts: Avoid overlay vendors and fast-fix solutions. Partner with qualified professionals who understand inclusive design and have experience supporting businesses through genuine accessibility transformation.

5. Build accessibility into your governance: Make accessibility part of your standard processes. Train your team, update your content workflows, and ensure future developments do not undo your progress.

The Role of Government

One of the most serious concerns in the UK is the lack of government communication about the EAA. Businesses need clear, formal guidance. The silence so far has created confusion, delay, and unnecessary risk.

It is vital that UK authorities act now. They must inform businesses that:

The European Accessibility Act becomes enforceable from 28 June 2025
It applies to UK private sector companies serving EU customers
Compliance means full conformance with WCAG 2.2 standards
Overlay tools do not deliver legal compliance or protection

By acting now, the government can reduce the risk of litigation, improve compliance, and support the goal of a more inclusive digital society across Europe.

About the Author

This blog was written by Clive Loseby, an international accessibility compliance specialist, TED speaker, and Founder of Access by Design.

For over 18 years, Clive has advised organisations across the UK, EU, US and beyond on accessibility legislation, inclusive design, and WCAG standards. His team conducts detailed accessibility audits using live user testing by disabled people, supported by expert technical analysis and practical guidance.

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