European Accessibility Act 2025: What US Companies Selling in Europe Must Do Now

The European Accessibility Act (EAA) became enforceable on June 28, 2025. Unlike the ADA — which is enforced primarily through private litigation — the EAA is enforced by national market surveillance authorities across EU member states, with penalties for non-compliance. If your company sells e-commerce, SaaS, banking, media streaming, or transport services in any EU market, this law applies to you regardless of where your company is incorporated.

What the EAA covers

The EAA applies to a defined list of products and services placed on the EU market after June 28, 2025. The key digital services in scope include:

• E-commerce websites and mobile apps selling to EU consumers
• Banking and financial services digital interfaces
• Audiovisual media services (streaming platforms)
• Electronic communications services
• Transport services (air, bus, rail, waterway) — ticketing, booking, real-time information
• E-books and dedicated software for reading them
• Consumer general-purpose computer hardware and operating systems

The technical standard: EN 301 549

The EAA requires compliance with EN 301 549, the European standard for ICT accessibility. EN 301 549 references WCAG 2.1 Level AA for web content and mobile applications. In practice: if your web and mobile experience meets WCAG 2.1 AA, you satisfy the core web requirements of EN 301 549. However, EN 301 549 also covers non-web software, hardware, and documents — scope that goes beyond WCAG alone.

Enforcement and penalties

Each EU member state designates national market surveillance authorities responsible for enforcement. Penalties vary by country but include:

• Fines ranging from €10,000 to several million euros depending on jurisdiction and company size
• Mandatory product withdrawal from the EU market for persistent non-compliance
• Reporting obligations — companies must provide documentation of conformance on request
• Consumer complaints can trigger regulatory investigations

What US companies should do right now

• Determine if your products or services fall within EAA scope — not all categories are covered
• Conduct a WCAG 2.1 AA gap assessment of all digital touchpoints serving EU users
• Produce Accessibility Conformance Reports (ACRs) that document your conformance status
• Implement a monitoring process — the EAA requires ongoing compliance, not a one-time fix
• Consult with EU legal counsel on jurisdiction-specific reporting requirements for your markets
• If you are out of scope today but considering EU expansion, build accessibility in from the start

The disproportionate burden exception

The EAA includes a 'disproportionate burden' exception for micro-enterprises (fewer than 10 employees and under €2M annual revenue). However, this exception requires documented justification and does not excuse fundamental alterations to business operations. Most US companies selling meaningfully into EU markets will not qualify.