As the European Accessibility Act (EAA) transitions to full enforcement, U.S. companies providing any covered digital products or services to EU consumers should, by now, have checked whether they fall within its scope.
(Not sure if the EAA applies to you? See our primer “Why US companies need to pay attention to the EAA”).
So what should you actually do about it?
We’ve outlined five critical realities that U.S. companies need to understand, along with practical next steps to help you move towards compliance.
1. “One-line-of-code” overlays won’t satisfy regulators
You’ve likely seen ads for accessibility widgets or browser add-ons that promise “instant compliance”. The idea is you put a snippet of code into your website’s header, and then subsequent visitors will see an “overlay” – a popup window – that enables them to manage some things, like font sizes and font colors.
Instant accessibility? If only it were that simple.
The EAA isn’t looking for window dressing. It requires accessibility to be baked into the code, design, and content of your product or service, not layered on top.
EN 301 549 version 3.2.1 is the EU-harmonized technical benchmark for products and services. Using it is optional, but meeting all its clauses creates a legal presumption of EAA conformity – regulators will assume you comply unless they find evidence otherwise. The standard references the Web Content Accessibility Guidelines (WCAG) 2.1 AA and adds extra requirements for information and communications technology (ICT) – essentially, any tech that stores or transmits data, including software, hardware, biometrics, documentation, and support services.
A draft revision is set to adopt WCAG 2.2 AA while keeping all the extra ICT and hardware rules that go beyond WCAG (as examples, raised tactile markers on physical buttons and non-biometric login alternatives).
Overlays alone won’t get you there. Worse, they can even interfere with real assistive tech like screen readers.
Regulators know this. The European Commission makes it clear:
“The legal accessibility requirements in the EU are underpinned by technical criteria specified in the harmonised European standard EN 301 549 v3.2.1. (…) Overlays, or any other tools which do not ensure the website itself meets the detailed criteria of the standard, are not an appropriate solution.”
So if your site relies on an overlay, don’t be surprised if you still get flagged for non-compliance.
Next Step: Do the work. There are no shortcuts, but there are smart, scalable ways to get there.
- At a Minimum: Commission an audit that tests with real assistive tech, combines automated tools with manual verification, and develops a punch list of code, design, and content issues to fix. This would just serve as a stopgap, however, as gaps will reopen as the product evolves. But it will be better than doing nothing.
- Our Recommendation: Budget for, and equip your team with, the people and tools to fix structural and semantic code issues and ensure accessible design and content. There are excellent solutions available that will enable your designers and developers to build accessible experiences on an ongoing basis. And without needing to train your entire team on EN 301 549.
2. Fixing bugs isn’t enough: you need to fix your development cycle
Accessibility isn’t a one-time fix, since the list of problems your team received in an audit several months ago is probably already partially obsolete. Instead, accessibility requires a mindset shift embedded into every layer of your product lifecycle.
Teams that “shift left” — industry shorthand for moving testing activities to earlier in the development process — spend less on rework, scale better, and get to market faster. Even better? Prevent those defects at the design and coding steps. When accessibility is integrated effectively, companies deliver better UX to their customers, and reduce legal risk down the line.
The logic is simple: the earlier you fix it, the cheaper and more effective it is to fix. Waiting until QA (or worse, fines and corrective orders) means spending way more to retrofit solutions. And even then, compliance gaps often remain.
It’s easier (and smarter) to build accessibility in right from the start.
Next Step: Shift Left. Start embedding real accessibility into your SDLC.
- Start simple: If you haven’t, hire one accessibility expert. If you can’t, assign a small task force to coordinate accessibility efforts across teams. This group can own your initial audits, track issues, and begin building awareness across design, development, and QA.
- Best-case scenario: If resources allow, embed prevention and detection tools across each stage of the development lifecycle.
3. Documentation matters – especially under scrutiny
If your company is subject to the EAA and still behind on compliance, your best move is to contact the overseeing authority in each country where you operate – before they contact you.
While it may not prevent a fine, a proactive approach could make a difference. The harshest penalties are levied on companies that are overtly non-compliant and unresponsive to local regulators.
Keep in mind that enforcement is decentralized and even a single oversight, like a broken checkout flow, can trigger investigations in multiple countries at once. If that were to happen, regulators will want to see evidence of genuine, documented efforts to comply, especially if you’re relying on self-assessment routes.
So yes, it pays to have your (documentation) house in order.
Next Step: Assume you’ll be audited. Prepare accordingly.
- Map the authorities that cover your sector in every EU market you serve. Each Member State divides “surveillance” tasks differently. In France, for example, DGCCRF handles some consumer-product checks, while ARCOM regulates audiovisual and online media, and the AMF oversees financial markets and banking services.
- Publish a required ‘declaration of conformity’ for any physical product and display the CE Conformity Mark confirming EAA compliance. Services do not get a CE mark, but service providers have to publish information assessing how the service meets the accessibility requirements. This may be in the terms and conditions, or in a different statement.
- While not required by the EAA, we suggest that you provide a way for users to submit accessibility complaints. This lets problems get flagged early, and gives you a record of timely responses, which is evidence of good faith if regulators investigate. Of course, if you don’t respond, it’s a record of un-timely responses, too.
4. Even if you’re a B2B company, you’ll feel the impact
At first glance, the EAA may appear to affect only the business-to-consumer (“B2C”) world. And it’s true, the law does target “economic operators” that place consumer products or services on the EU market — manufacturers, importers, distributors, and service providers – and spells out their specific obligations.
But if you’re a business‑to‑business (“B2B”) company, you don’t get to ignore it.
If your software, platform, or hardware is embedded in a consumer-facing experience, or is ultimately sold to consumers down the line, you will still feel the impact: your clients still need to meet accessibility requirements. They won’t risk non-compliance because your component creates a barrier. EU buyers, especially in the public sector, already include accessibility clauses in procurement under Article 42 of the Public Procurement Directive.
Overlook that ripple effect and you risk being fenced out of the world’s largest single market. The European B2B e-commerce sector was valued at $1.3 trillion in 2022, and is projected to grow to $2.2 trillion by 2027–a 10.2% growth rate.
You probably don’t need us to say it, but that’s too big a market to miss because of accessibility gaps.
Next Steps:
- Assess whether your products or services feed into any consumer-facing products or workflows. Ensure your offerings align with recognized accessibility standards, specifically the EN 301 549 and any other relevant European standards for your sector, to remain competitive in procurement processes.
- Prepare EU-friendly accessibility documentation proactively, so you’re ready when buyers ask. While Voluntary Product Accessibility Templates (VPATs) are commonly used in the U.S., EU buyers will expect clear conformance statements aligned with EU standards.
5. Exemptions and grace periods are narrow (and probably don’t apply to you)
The EAA expects full compliance for products placed on the EU market and services provided on or after June 28, 2025, but it does include a few clearly defined exemptions and transition periods. These carve-outs are limited in scope, however, and strictly regulated.
“Micro-enterprise” exemption: If you have fewer than 10 employees, less than (or equal to) €2 million in annual turnover, and provide covered services only, you’re exempt, per the EAA. Once you make or distribute a covered product, the product-accessibility rules apply – though some administrative requirements are waived.
Transitional measures & grace periods: The EAA offers narrow transition allowances for products and services that were already on the EU market prior to June 28, 2025:
- Existing service contracts signed with consumers before June 28, 2025 can continue unchanged for up to five years after signing them.
- Products already in use – within these compliant service contracts – may also remain in operation until June 2030.
- Installed self‑service terminals (e.g. ATMs, ticket kiosks) can stay in use until the end of their economic life, potentially up to 20 years, but only in member states that opt in to this clause.
Anything launched, or materially updated after June 28, 2025 must comply from day one.
“Disproportionate burden” or “fundamental alteration” exemptions: If meeting every EAA requirement would impose an unreasonable cost (considering the estimated benefits for persons with disabilities), or require redesigning your product or service beyond recognition, you may request a limited exemption. To qualify, you must:
- Run a formal assessment against the EAA’s criteria for disproportionate burden claims.
- Document costs, constraints, and alternatives considered, and
- Review and update the assessment at least every five years.
File your request proactively with the competent authority in every member state where you want relief, and keep the documentation handy; regulators can ask for it at any time.
Next Step: Prioritize remediation, whether or not the deadline has passed.
- Fix the biggest accessibility blockers first: keyboard traps, broken navigation, inaccessible forms, missing alt text/captions.
- If you missed the June 2025 date, show ongoing effort towards compliance. Even though the EAA doesn’t require it, consider including a remediation roadmap with your internal documentation or product conformity declarations.
- If you’re invoking an exemption, be proactive and inform authorities early. Budget for both the initial assessment and scheduled reviews.
Don’t wait; make EAA compliance part of your growth strategy
The EAA marks a shift in how products and services are built, sold, and regulated across Europe – and increasingly, across global markets.
It’s also a strategic inflection point, and one your company can’t afford to miss. The business case speaks for itself: around 101 million people in EU countries (that’s roughly 1 in 4 adults) report having a disability. And in a region with an aging population, that number is only growing. ROI studies from the UK and the U.S. show how often these shoppers abandon inaccessible sites and reward the ones that are accessible. The same takeaways apply to any company selling in the EU:
- The UK’s “Click-Away Pound” surveys (2016 and 2019) found that almost 70% of consumers with accessibility needs abandon purchases on websites that are difficult to use. That’s revenue walking out the door.
- Tesco reportedly generated £13 million in additional annual revenue after investing just £35,000 in making its website accessible.
- A Forrester Total Economic Impact study modeled a €2.28 million revenue increase for a midsize retailer, just by making its site easier for users with disabilities. The gains came from capturing purchases that were previously abandoned due to access barriers.
What these highlight is that accessibility isn’t just a compliance box to check: it’s a growth strategy hiding in plain sight.
Special thanks here to Susanna Laurin, an original contributor to the European Accessibility Act and Managing Director of the Funka Foundation in Sweden, for her comments.