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European Accessibility Act10 min read

EU Web Accessibility Directive vs European Accessibility Act: Which Applies to You?

Understand the key differences between the EU Web Accessibility Directive (public sector) and the European Accessibility Act (private sector) and which EU accessibility law applies.

Sarah Mitchell

Senior Accessibility Consultant · March 15, 2025

Two EU Accessibility Laws, Two Very Different Scopes

The EU has enacted two distinct pieces of accessibility legislation that are frequently confused. The EU Web Accessibility Directive (Directive EU 2016/2102) applies exclusively to public sector bodies and has been in force since 2018. The European Accessibility Act (Directive EU 2019/882) applies to private-sector companies and took full effect on June 28, 2025.

The EU Web Accessibility Directive: Public Sector Only

The Web Accessibility Directive (WAD) requires all EU public sector bodies to meet EN 301 549 (which incorporates WCAG 2.1 AA) for their websites and mobile applications. The WAD created requirements for accessibility statements, a feedback mechanism for users to report barriers, and regular monitoring reports submitted to the European Commission. Private companies are entirely outside the WAD's scope.

Which Law Applies to Your Organization?

  • US SaaS company selling to EU businesses → EAA applies
  • US company with a government contract to build an EU municipal website → WAD applies to that website
  • EU state university website → WAD applies
  • Private EU bank's mobile app → EAA applies
  • EU public broadcaster's streaming platform → WAD applies
  • US e-commerce company shipping to EU consumers → EAA applies to the website and app
  • US company providing ATMs to EU banks → EAA applies (hardware and software)

Overlapping Requirements: Where WAD and EAA Converge

Despite their different scopes, both directives reference EN 301 549 as the technical standard, which incorporates WCAG 2.1 Level AA for web content. A web property achieving full EN 301 549 conformance satisfies the technical requirements of both directives. The differences lie in surrounding obligations: an EAA service needs a complaint mechanism and EU Declaration of Conformity, while a WAD site must publish a statement in the mandated format.

Building a Compliance Strategy Covering Both Laws

For most private companies, the EAA is the operative law, and a full EN 301 549 conformance program will satisfy its technical requirements. Companies also holding EU public sector contracts should run a parallel WAD compliance program — including properly formatted accessibility statements and documented feedback processes. BuildWithAccess designs integrated programs addressing both directives from a single technical foundation.

Sarah Mitchell

Senior Accessibility Consultant

A certified accessibility consultant at BuildWithAccess helping organizations achieve WCAG compliance and build more inclusive digital experiences.

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