European Accessibility Act Goes Live

As of June 28, 2025, enforcement of the European Accessibility Act (EAA or the Act) can officially begin, marking a significant milestone for digital accessibility in the European Union (EU). The EAA establishes comprehensive accessibility obligations for businesses that operate in European national markets, whether or not they are based in the EU, but that each Member State will enforce independently with their own procedures and penalties. By implementing EU-wide obligations, the Act not only sets a harmonized standard for digital accessibility in the region but also may provide a blueprint for other countries to follow, which could bolster global efforts to impose more robust accessibility requirements on companies that provide digital products and services to the public. This advisory provides answers to key questions related to EAA compliance that businesses may have as they navigate this new regulatory environment.

What Is the EAA?

The EAA is the culmination of EU standards and legislative efforts that date back over a decade. Prior to the EAA, European standard EN 301 549 (first published in 2014) established accessibility guidelines for information and communication technology, and the Web Accessibility Directive (adopted in 2016) required public-sector bodies in the EU to make their websites and mobile apps accessible. Adopted in 2019, the EAA was designed to increase the availability of accessible digital products and services in the EU—including, notably, those provided by private-sector businesses—and to harmonize digital accessibility requirements across the European market.

The EAA is a directive of the EU and, thus, not directly applicable to EU Member States. In order for the Act's requirements to take effect, each EU Member State was required to transpose the terms of the directive into its national law by June 28, 2022, and "apply those measures from 28 June 2025."

To Whom Does the EAA Apply?

The EAA applies to entities (referred to in the EAA as "economic operators") offering certain types of digital products and services in the EU market, regardless of the economic operator's home country. Specifically, manufacturers, service providers, importers, and distributors are subject to the EAA's requirements. EAA requirements apply equally to economic operators from the public and private sectors.

What Products and Services Are Covered by the EAA?

The EAA distinguishes between "products" and "services." The term "products" broadly covers devices and other hardware (and, as applicable, associated software), while the term "services" covers economic activities that are normally provided for a fee or other remuneration, such as broadband communications services, audiovisual media-related offerings, websites, apps, and electronically communicated services. The EAA identifies certain specific products and services to be within the scope of its requirements—below is a list of such products and services:

Web Content Accessibility Guidelines for determining what counts as accessible web content, software, and non-web documents, but it also includes separate accessibility requirements that apply in the context of hardware, support services, and other domains. The requirements in EN 301 549 generally track those in Section 508 of the Rehabilitation Act—which federal agencies in the United States must follow when they develop, procure, maintain, or use electronic and information technology—but there are some differences.

Products and services that do not fall within one of the above categories are not covered by the Act.

Are There Any Exceptions to Compliance?

The EAA provides limited but important exemptions and limitations to compliance and compliance timing. Among other things, these exemptions and/or limitations apply to the following:

• Certain legacy products and services;
• Third-party content that is neither funded, developed by, nor under the control of the economic operator;
• Archival content that will not be updated or edited after June 28, 2025;
• Microenterprises (i.e., enterprises that employ fewer than 10 people and have an annual turnover or annual balance sheet total that does not exceed €2 million) and small and medium-sized enterprises (i.e., enterprises that employ fewer than 250 people and have an annual turnover of no more than €50 million or an annual balance sheet of no more than €43 million, excluding microenterprises); and
• Economic operators who can demonstrate that compliance would (1) require a significant change in a product or service that would fundamentally alter its basic nature; or (2) impose a disproportionate burden on the economic operator.

What Are Potential Penalties for and Risks of Noncompliance?

Although the EAA establishes a general framework when it comes to enforcement, the specific penalties for noncompliance are memorialized only in EU Member State transpositions. These penalties vary across Member States, with some allowing for financial fines of increasing severity depending on the nature and duration of the noncompliance, while others expressly permit the removal of noncompliant products and services from the market. In addition, in at least one Member State, criminal penalties may be imposed on economic operators that violate the Act. The risk of enforcement in any given circumstance will likely depend on the nature and scope of the noncompliance and the activity level and resources of the relevant national enforcement authorities.

What Are Some Tips and Best Practices To Consider When It Comes to EAA Compliance?

Compliance with the EAA will require a proactive approach to integrating accessibility into product design, service delivery, and organizational processes. To this end, businesses should:

• Assess products and services to determine whether they are within the scope of the EAA;
• Determine the relevant requirements applicable to their role (i.e., manufacturer, service provider, importer, or distributor) with respect to each covered product and service that they provide;
• Create accessibility roadmaps for covered products and services;
• Involve people with disabilities in the development and review of covered products and services; and
• Establish robust documentation, auditing, and compliance reporting procedures.

DWT has worked extensively on accessibility compliance. DWT has also written extensively on a wide range of accessibility-related matters and developments, including those touching on video conferencing services, closed captioning settings, online video programming, navigation devices and digital apparatus, and accessibility recordkeeping and certification requirements. If you have any questions or would like to learn more about the EAA, or other accessibility regulation, please contact Brandon H. Johnson or Maria T. Browne.