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  • Will the EAA Really Affect U.S. Businesses?

    If you’re a U.S.-based e-commerce entrepreneur, website owner, or digital compliance professional, you’ve probably heard of the European Accessibility Act (EAA). This legislation aims to standardize accessibility requirements across the European Union (EU), impacting everything from e-commerce and banking to transportation. At first glance, it may seem like yet another global regulation lurking on the horizon. But here’s the good news: for most U.S. businesses, the EAA is far less of a legal threat than you might think.

    While there’s been chatter that EAA-related fines could reach American shores, practical realities—like jurisdiction limits and the complexities of cross-border enforcement—mean it’s unlikely to affect you unless you have a substantial European footprint. Still, that doesn’t mean you should shrug off accessibility. Stateside, legal obligations are mounting quickly, and both federal and state-level regulations on web accessibility are gaining traction. In fact, ADA lawsuits connected to digital accessibility are soaring, putting genuine pressure on U.S. businesses to ensure inclusivity.

    In this article, we’ll take a closer look at why the EAA probably won’t keep you up at night if you’re mostly serving U.S. customers. We’ll also explore why your real focus should stay on meeting domestic accessibility requirements—and how investing in accessibility can not only protect you from legal headaches but also help you reach new customers.

    The EAA and Its Scope

    At its core, the EAA is designed to make sure products and services in the EU are accessible to people with disabilities. Think of it as a catch-all that covers a wide range of areas, including:

    • Websites and Mobile Apps: E-commerce sites and other digital platforms should be compatible with assistive technologies like screen readers, offering clear, user-friendly layouts.
    • Financial Services: Online banking platforms must be workable for people with visual, mobility, or other impairments.
    • Transportation Services: Booking and ticketing systems should be built with inclusive design principles in mind.

    Although these rules zero in on European markets, any company that aggressively sells to EU residents might need to comply. The bottom line: if you’re physically located in the EU or do a significant amount of business there, you’re on the EAA’s radar. But if you’re a small U.S. boutique that only very occasionally ships overseas, the likelihood of direct EAA enforcement is pretty slim.

    Application to U.S. Businesses

    Let’s say you’re a U.S.-based e-commerce owner who sells mostly to Americans. The odds are that you won’t need to stress about the EAA in a strict sense. If 95% of your customers are stateside, EU regulators won’t have much reason to come knocking. On the other hand, if you’ve set up localized sites for different European countries, handle EU shipping logistics, or run targeted campaigns in Europe, then yes, the EAA becomes more relevant.

    In short, the EAA matters most to companies that are genuinely active in Europe. If that’s not you, you can breathe a little easier—but remember that web accessibility is still a big deal in the U.S.

    The Limited Reach of EAA Enforcement in the U.S.

    Cross-Border E-Commerce Engagement

    One of the main reasons the EAA might not impact smaller American businesses is the nature of cross-border e-commerce itself. While online selling is global in principle, a lot of U.S. companies still cater primarily to domestic buyers. In fact, about 25% of North American e-commerce is cross-border; that leaves 75% as local, and a stronger domestic focus typically means lower risk of EU regulatory scrutiny.

    If you’re not set up for international shipping or don’t localize your site for EU customers, you’re even less likely to get attention from European authorities. An occasional European sale here or there usually won’t land you under the EAA umbrella.

    Challenges in International Enforcement

    The EU can’t just wave a wand to enforce its laws on businesses located in other countries; it needs legal jurisdiction and international cooperation. Historically, European regulators tend to target bigger players—those with a notable EU presence and significant resources—rather than chasing smaller American businesses that ship an item or two overseas.

    Potential Business Responses

    Some companies respond to foreign regulations like the General Data Protection Regulation (GDPR) by blocking traffic from EU regions altogether. While that certainly sidesteps EAA compliance, it also shuts the door on potential European customers. Another approach is adopting accessibility best practices proactively. Even if you never hear from EU regulators, making your site inclusive can keep you safe from domestic lawsuits and win you new fans at home and abroad.

    Why EAA Compliance May Not Be a Top Priority for U.S. Regulators

    GDPR Enforcement as a Precedent

    When the GDPR went live in 2018, a lot of U.S. businesses scrambled to post cookie consent banners or even block European visitors. Over time, though, we saw that heavy fines usually targeted giants like Meta and Google—companies that clearly operate in the EU. Most smaller U.S. entities, especially those without a European presence, didn’t face the same scrutiny.

    The EAA will follow a similar pattern. Regulators will focus first on the big fish: major corporations that do a lot of business in Europe. If you’re not among them, your risk goes down considerably.

    Focus on EU-Based Entities

    Enforcement agencies work most effectively with entities physically or legally based in the EU. If you’re a mid-size American seller without any EU office or significant European operations, you’re unlikely to draw regulator attention. This doesn’t mean zero risk—it just means the probability is low compared to the very real possibility of an ADA lawsuit in the U.S.

    The Real Risk: U.S. Web Accessibility Laws & State-Level Legislation

    ADA and Web Accessibility Lawsuits

    While the EAA might sound intimidating, the Americans with Disabilities Act (ADA) is the real concern for many U.S. businesses. In 2023 alone, over 4,600 ADA-related web accessibility lawsuits were filed in the U.S., most notably in states such as New York, Florida, and California. 

    These lawsuits often ask questions like:

    • Is your website easily navigable with a screen reader?
    • Do you have captions for your videos?
    • Can users complete a purchase using only a keyboard?

    Lacking these features can land you in hot water, resulting in demand letters, lawsuits, and potentially hefty legal costs. Even if you avoid a lawsuit, states like California and New York are increasingly pushing for stricter rules around digital accessibility. If you have customers in these states, you can’t afford to ignore these developments.

    The Imperative of Web Accessibility

    Accessibility is more than a legal shield—it’s also good business. Almost one in four adults in the U.S. lives with some form of disability, which means making your website inclusive can significantly broaden your audience. On top of that, accessible sites often provide a smoother overall user experience and align well with search engine optimization (SEO) best practices.

    Focus on What Really Matters for U.S. Businesses

    The EAA is critical for businesses with a genuine stake in EU markets, but if your customer base is mostly American, the EAA probably won’t become your biggest legal headache anytime soon. EU regulators usually set their sights on larger players with a visible European footprint, so a small U.S. business with minimal European sales isn’t high on their list.

    Prioritizing Domestic Compliance

    Instead of stressing over the EAA, channel your energy into meeting domestic accessibility standards. ADA lawsuits and state-level rules in the U.S. are ramping up, and that’s where your real vulnerability lies. By aligning with ADA guidelines and the Web Content Accessibility Guidelines (WCAG), you minimize the risk of legal trouble here at home.

    Benefits of Accessibility

    Beyond reducing legal risks, accessibility has plenty of other perks:

    • Better User Experience: A clean, inclusive layout helps everyone.
    • Bigger Audience: You’ll welcome people with disabilities, which is a sizable market segment.
    • Stronger Brand Reputation: Consumers appreciate businesses that take inclusivity seriously.
    • SEO Boost: Search engines favor structured, easy-to-navigate websites.

    Protect Your Business Where It Counts Most

    It’s easy to feel overwhelmed by headlines about the EAA and worry that European regulators might suddenly target American businesses. However, realistically, their enforcement focus is primarily on companies with strong ties to the EU. If you’re mostly selling to an American audience, the European Accessibility Act shouldn’t keep you up at night.

    Instead, put your energy where it matters most—your website’s domestic accessibility. ADA compliance is not just about avoiding lawsuits; it’s an opportunity to connect with a broader audience and build a more inclusive, trustworthy brand.

    If you’re unsure where to start or want to ensure your business is fully protected and accessible, reach out to our team at 216digital. Our experts will help you identify your accessibility gaps, guide you through compliance, and ensure your site delivers an inclusive experience for everyone.

    Don’t wait until accessibility becomes an emergency—contact 216digital today and get ahead of the curve.

    Greg McNeil

    March 12, 2025
    Legal Compliance
    Accessibility, accessibility laws, EAA, European Accessibility Act, Legal compliance, Web Accessibility, Website Accessibility
  • The EAA Lands in June

    The European Accessibility Act (EAA) is set to shake things up for businesses operating in the European market. Starting in June 2025, the EAA will require companies to meet strict accessibility standards for websites, mobile apps, and digital products. If you’re working in or serving customers in the European Union (EU), this isn’t just about meeting requirements—it’s a chance to grow your reach and create better digital experiences for everyone.

    Let’s dive into what the EAA is all about, why it matters, and how you can get ready for this significant change.

    What is the European Accessibility Act?

    The EAA is a groundbreaking law aimed at ensuring equal access to products and services across the European Union. Enforced by individual EU member states, it applies to a wide range of digital and physical products, including websites, mobile apps, software, and e-commerce platforms. The primary goal of the EAA is to eliminate barriers for people with disabilities and promote inclusivity and equal participation in society.

    The EAA establishes clear accessibility requirements for businesses operating within the EU and harmonizes standards across member states. This ensures consistent accessibility efforts while simplifying compliance for companies working across the EU. For online businesses, compliance is guided by EN 301 549, the technical standard that serves as the foundation for meeting EAA requirements.

    Scope of the EAA

    The EAA’s web accessibility covers a broad range of applications such as:

    • Websites and mobile apps
    • E-books and online publications
    • ATMs, ticketing, and check-in machines
    • E-commerce platforms

    EN 301 549: The Technical Backbone of the EAA

    At the heart of the EAA’s web compliance is EN 301 549, a technical standard based on W3C’s Web Accessibility Guidelines (WCAG). These standards provide a clear framework for ensuring accessibility in websites, software, mobile apps, and other ICT products. By following WCAG 2.1 AA guidelines, companies can make their digital content usable by individuals with visual, auditory, cognitive, or motor impairments.

    Suppose your e-commerce site, cloud software, SaaS platforms, or mobile apps already meet WCAG 2.1 AA requirements. In that case, they likely comply with EN 301 549—and, by extension, the EAA.

    Are There Any Exceptions to EAA Compliance?

    Although the EAA imposes strict accessibility standards, it recognizes that achieving complete compliance may sometimes be impractical. Under the “Disproportionate Burden Clause,” organizations can request exceptions if they show that meeting the requirements would impose an undue hardship. However, this doesn’t serve as a blanket exemption—companies must provide thorough documentation and clear justification for why they cannot reasonably comply. Even when an exception is granted, they are still expected to take every feasible step to maximize accessibility.

    Why the EAA Matters

    The EAA’s focus on accessibility marks a significant step forward in creating an inclusive digital environment across the EU. For businesses, compliance isn’t just a legal requirement; it’s an opportunity to reach a broader audience and demonstrate a commitment to inclusivity. As the EAA reshapes the accessibility landscape, it’s time to evaluate your products and services to ensure they’re ready to meet the new standard.

    Here’s why it matters:

    It’s Legally Required

    The EAA is not just a guideline; it’s enforceable legislation that comes into effect in June 2025. Businesses that fail to comply could face fines, legal consequences, and even damage to their reputation. Taking action early gives you ample time to address challenges and ensure your digital products meet the required standards without unnecessary stress.

    Reach a Larger Audience

    Over one billion people worldwide live with disabilities, representing a significant—yet often underserved—consumer base. Of these, more than 135 million are in the EU, constituting a substantial market segment businesses cannot ignore. Making digital services accessible fulfills a critical need and demonstrates your brand’s commitment to inclusivity and respect for diverse audiences.

    For U.S. businesses operating in the EU, compliance with EN 301 549 ensures alignment with the EAA’s requirements, preventing legal and reputational risks.

    Better User Experience for Everyone

    Accessibility improvements don’t just benefit people with disabilities; they enhance usability for all users. Features like simplified navigation, larger text options, and better color contrast make digital platforms easier for everyone. These changes lead to more satisfied customers and improved engagement.

    Boost SEO and Discoverability

    Accessibility isn’t just about compliance; it’s also a strategic way to improve your online presence. By following EN 301 549 and WCAG 2.1 AA standards, your website becomes more search engine-friendly, with features like descriptive alt text, clean navigation, and clear content structure. These enhancements make it easier for search engines to index your site, improving rankings and visibility. Embracing accessibility ensures your digital content is discoverable by a broader audience while meeting the compliance standards of the EAA.

    How to Prepare for the EAA

    Preparing for the EAA might seem overwhelming at first, but tackling it step by step makes the process manageable. Here’s how to get started:

    • Audit Your Digital Accessibility: Evaluate your digital products and services against EN 301 549 and WCAG 2.1 AA guidelines. Use tools or hire experts to identify any accessibility gaps.
    • Fix What Needs Fixing: Once you’ve pinpointed the issues, prioritize fixes like:
      • Adding alt text to images
      • Ensuring keyboard navigation works seamlessly
      • Improving color contrast
      • Testing for mobile responsiveness
    • Train Your Team: Accessibility isn’t a one-time project—it’s an ongoing effort. Train your team on accessibility basics, like creating user-friendly designs, writing clear content, and following coding best practices.
    • Use Accessible Tools: Make sure your design and development tools have built-in accessibility features. These tools can catch common issues early and save you time.
    • Work with Accessibility Pros: If accessibility isn’t your area of expertise, partner with professionals specializing in it. They can guide you through audits, fixes, and long-term compliance strategies.
    • Keep an Eye on Accessibility: Accessibility needs regular maintenance. Review your digital products often, especially when you update or add new features, to make sure everything stays compliant.

    Overlays: The Quick Fix That Falls Short

    Many businesses are attracted to accessibility overlays—automated tools that promise instant compliance. However, as the European Commission noted in 2023, “Claims that a website can be made fully compliant without manual intervention are unrealistic.” 

    While overlays may tackle surface-level issues, such as adding alt text or color contrast adjustments, they often fail to address deeper, more complex accessibility challenges like proper keyboard navigation, dynamic content handling, or compatibility with assistive technologies. These limitations mean overlays can leave users with disabilities frustrated and websites at risk of non-compliance. Real accessibility demands both automated solutions and hands-on human expertise.

    The Upside of Accessibility

    Meeting the EAA’s requirements isn’t just about avoiding fines. It’s an opportunity to:

    • Boost Your Brand: An accessible business is seen as inclusive and forward-thinking.
    • Build Customer Loyalty: People appreciate companies that make an effort to include everyone.
    • Be Ready for the Future: As accessibility expectations grow, being ahead of the curve will pay off.
    • Expand Your Market: Serving more people means more potential customers and growth.

    Don’t Wait: Turn Accessibility into an Advantage

    The European Accessibility Act is a big deal, but it’s also a chance to improve your business in meaningful ways. The June 2025 deadline might seem far off, but it’ll be here before you know it. Waiting until the last minute could lead to rushed fixes, higher costs, and unnecessary stress. Starting now ensures you have time to make thoughtful, lasting improvements.

    By aligning with EN 301 549 and integrating accessibility into your workflows, you’ll not only meet the EAA’s standards but also create better experiences for your customers. Embracing accessibility can boost your brand, build customer loyalty, and expand your market while positioning your business as inclusive and forward-thinking.

    Take the first step today by scheduling an ADA briefing with 216digital. Our experts can guide you through compliance, helping you stay ahead of the curve and turn accessibility into a strategic advantage.

    Greg McNeil

    January 10, 2025
    Legal Compliance
    Accessibility, EAA, European Accessibility Act, International Accessibility Laws, Web Accessibility, Website Accessibility
  • How to Prepare for EAA Compliance

    As a business owner or website operator, you’re probably familiar with the pressure to keep up with ever-changing digital regulations and standards. It might feel like you’ve just gotten comfortable with one set of rules, and suddenly, a new one appears on the horizon. That’s exactly the situation many are experiencing right now with the European Accessibility Act (EAA). If you’re serving customers in the European Union (EU), or simply want to reach a global audience without obstacles, it’s crucial to understand how this new set of guidelines could affect your online presence—and what you can do to stay on the right side of the law.

    Let’s face it: even if you’ve never thought much about web accessibility before, it’s becoming a must-have. Ensuring everyone, regardless of ability, can navigate your site or use your services isn’t just the “right thing” to do anymore. With the EAA coming into effect, it’s legally required for businesses that sell to or interact with European customers. And with so many potential buyers across borders, ignoring accessibility standards could mean turning people away—not just ethically, but commercially as well.

    Understanding the European Accessibility Act (EAA)

    At its core, the EAA is about ensuring people with disabilities have equal access to the same products and services as everyone else. Think of it as removing virtual “closed doors” and “too-high steps” on the internet. Instead of forcing customers with disabilities to struggle through poorly structured content, complicated checkout processes, or inaccessible multimedia, the EAA sets a baseline standard. By meeting these standards, you’re not just checking a legal box—you’re making your site friendlier to a much wider audience.

    Key Goals of the EAA

    • Consistent Accessibility Standards Across the EU: Rather than a patchwork of rules differing by country, the EAA aims for a unified, simpler standard that businesses can follow everywhere in Europe.
    • Enhancing Quality of Life: Every barrier you remove can help someone shop independently, learn without assistance, or find critical information on their own.
    • Removing Single Market Barriers: With a common standard, businesses can more easily enter multiple EU markets without recalibrating their approach for each country.

    Important Dates:

    • June 28, 2025: By this date, your digital platforms should comply with EAA requirements.
    • From 2025 Onward: Enforcement rolls out, meaning audits, penalties, and other legal consequences can follow if you haven’t prepared.

    Consequences of Ignoring Compliance

    If you’ve ever delayed a task until it became a crisis, you know how costly last-minute fixes can be. Non-compliance with the EAA can result in fines and other legal hassles. Beyond that, it can damage your reputation. Imagine a customer who can’t navigate your site because it’s not accessible. Not only might you lose that sale, but you could also create a negative impression that spreads through social media, reviews, or word-of-mouth. With global competition just a click away, failing to meet accessibility standards means risking trust, loyalty, and revenue.

    Building Your EAA Compliance Strategy

    If all this sounds daunting, don’t worry. Creating an EAA compliance strategy is like tackling any large project: break it down into steps, and take them one at a time. Even if you have minimal experience with web accessibility, you can follow a structured approach to ensure you’re ready by the deadlines.

    In-House or Outsource?

    First, decide if you want to handle these updates internally or bring in the pros. If you have a dedicated team comfortable with coding, design, and compliance issues, doing it yourself might help you build internal know-how. But remember, this requires time and training, and any mistakes can lead to rework.

    On the other hand, outsourcing to specialized agencies or consultants can jump-start your compliance efforts, reducing the risk of errors. Although it may cost more upfront, you’ll likely benefit from their expertise and time savings. Companies like 216digital can guide you, ensuring you don’t miss important details.

    Understanding Your Website’s Complexity

    Before making changes, you need a roadmap. Start with an accessibility audit. Free and paid tools can scan your site for issues like missing alt text for images, poor color contrasts, or navigation elements that are impossible to use without a mouse.

    Don’t forget manual checks—automated tools are great, but they can’t understand context the way a human can. Ask testers or colleagues to navigate your site using only a keyboard or a screen reader. Identify the places where they struggle, and note which areas must be fixed first. High-risk areas often include navigation menus, forms, and interactive content like product configurators or dropdown filters.

    SImplementing the Necessary Fixes

    Armed with a list of issues, it’s time to roll up your sleeves. Start with the basics:

    • Content Structure: Make sure your pages use headings logically. Include descriptive alt text so people using screen readers understand what an image shows.
    • Navigation: Include skip navigation links to help users jump past repetitive menus. Ensure that every link and button can be accessed with a keyboard alone.
    • Color and Text: Check color contrast to make sure text is easy to read. Choose font sizes and spacing that are large and clear enough for all users.
    • Multimedia: If you have videos, include captions. If you have audio clips, ensure they don’t autoplay, or at least provide controls to pause or stop them.
    • Forms and Inputs: Label every form field, and provide error messages that guide users back to the correct inputs.

    Manage Third-Party Integrations

    Your site might rely on third-party plugins, payment gateways, or widgets. Even if your own code is perfect, these tools can introduce new accessibility barriers. Check that any plugins or platforms you use also meet EAA standards. If not, request updates from vendors or find accessible alternatives. In some cases, offer a fallback option—like a basic HTML form—if a fancy widget isn’t accessible.

    Ongoing Monitoring (Because Websites Evolve)

    A website isn’t “done” the day you launch it. You’ll likely add new products, blog posts, or interactive elements over time. Any of these updates can unintentionally break accessibility. That’s why it’s crucial to make accessibility checks a routine part of your maintenance. Tools like a11y.Radar by 216digital can help you run regular scans to catch issues before they spiral out of control.

    Regular audits—perhaps quarterly—will ensure you stay in line with evolving standards, minimize the risk of complaints, and keep your audience happy. Keeping a finger on the pulse of your site’s accessibility means you can catch small issues before they turn into big headaches.

    Don’t Forget Mobile Apps and Other Digital Touchpoints

    The EAA isn’t just about traditional websites. If you have a mobile app or other digital services, they also need to be accessible. For apps, test them with built-in accessibility features. Ensure that fonts can be resized, screens read naturally with voiceover technologies, and that no essential functionality relies on a tricky gesture without an accessible alternative.

    Invest in Training and Resources for the Long Haul

    Accessibility isn’t a one-time project; it’s a mindset. Consider training your team so that everyone—from your content writers to your developers—understands the principles of accessible design. Allocate a budget for ongoing audits and fixes. If you maintain a relationship with an accessibility partner like 216digital, they can keep you informed about changes in standards and best practices.

    Why EAA Compliance is Good for Your Bottom Line

    At first, meeting EAA standards might feel like yet another box to check off. But embracing accessibility can actually help your business thrive. By removing barriers, you reach a bigger audience—think of the millions of potential customers who might otherwise struggle to use your site. And when your site is easier for everyone to navigate, all customers have a better experience, which can boost loyalty, trust, and conversions.

    Accessibility improvements often align with good user experience (UX) design principles. Cleaner layouts, logical navigation, and properly structured content don’t just help users with disabilities—they help everyone find what they need more quickly and enjoy their time on your site.

    Get Started Now, Not Later

    The EAA deadline may feel distant, but time flies, especially when you have a million other things on your plate. Start early so you have time to explore your options, fix issues thoroughly, and verify that your solutions work. Make accessibility part of your workflow, and you’ll find it’s much easier to stay compliant rather than scrambling at the last minute.

    Ready to Take the Next Step?

    Ensuring accessibility and complying with the EAA is a journey, but you don’t have to travel it alone. Whether you handle it in-house or partner with experts, starting now will put you ahead of the curve. If you’re unsure where to begin, consider reaching out to specialists. Contact 216digital today to learn more about how our web accessibility services can guide you toward a site that meets EAA standards and truly welcomes everyone.

    Take action now—schedule an ADA briefing with 216digital using the contact form at the bottom of this page. Let’s work together to make your digital platforms accessible, inclusive, and ready for the future.

    Greg McNeil

    December 13, 2024
    Legal Compliance
    Accessibility, Accessibility Remediation, EAA, European Accessibility Act, Website Accessibility
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