The European Accessibility Act: A Post-Deadline Survival Guide
The grace period has ended. Enforcement is active. Compliance is a prerequisite for market access.
Status: Enforcement Active
The Deadline of June 28, 2025, Has Passed.
We are now in the enforcement phase of Directive (EU) 2019/882. The transposition period is closed. Market Surveillance Authorities across all 27 EU member states have initiated compliance checks. If your digital products—including websites, mobile applications, and self-service terminals—are currently accessible within the European Single Market, they are subject to immediate scrutiny.
Executive Summary: Directive 2019/882
For the C-Suite (CEO/CTO/GC):
The European Accessibility Act (EAA) is not a set of "guidelines." It is a directive requiring equal access to products and services for persons with disabilities. Unlike the ADA in the US, which relies largely on case law, the EAA is statutory code. It mandates that specific products and services must comply with the EN 301 549 standard (the European equivalent of WCAG 2.1 AA) to be legally sold or used in the EU.
The Core Mandate:
Any business placing products or services on the EU market must ensure they are "perceivable, operable, understandable, and robust." This applies regardless of where the company is headquartered. If you sell to Europe, you comply with Europe.
The "Mobile Gap": Where Enterprises Are Failing
Our data from Q3 2025 indicates a significant compliance failure rate in one specific area: Native Mobile Applications.
Many organizations erroneously assumed that achieving WCAG compliance on their desktop web presence was sufficient. It is not. The EAA explicitly covers "mobile device-based services" (banking apps, e-commerce apps, ticketing apps).
Why this is a liability:
- Native OS Nuances: iOS (VoiceOver) and Android (TalkBack) operate differently than browser-based screen readers. A "responsive" website does not cover a native app's accessibility debt.
- The App Store Risk: Non-compliant apps are now subject to removal. Market Surveillance Authorities have the power to order the withdrawal of non-compliant software from distribution channels immediately.
Scope & Industries: Who Is Affected?
The EAA is broad, but it targets sectors essential to daily life. If your business touches the following verticals, you are under the microscope:
E-commerce Services
Online retailers, marketplaces, and booking engines (checkout flow, account management).
Consumer Banking & Finance
Retail banking apps, investment platforms, and mobile wallets (SCA methods, identification).
Transport Services
Air, bus, rail, and waterborne ticketing/check-in services.
Digital Media & E-books
E-readers, software, and DRM accessibility.
Enforcement & Penalties
As of late 2025, the theoretical risks have become actualized liabilities.
- Market Surveillance Authorities (MSAs): Each country has a designated body responsible for checking products. They perform spot checks.
- Consumer Litigation: EU consumers have a strengthened legal basis to sue for discrimination. Class actions are increasingly viable.
- The Penalties: Financial fines vary by member state but are designed to be "dissuasive." The ultimate sanction is Market Exclusion—ordering the immediate removal of a product from the EU market.
Remediation Plan: The Protocol
If you are currently non-compliant, you must act fast to mitigate liability.
Phase 1: The Baseline Audit (Days 1-3)
You cannot fix what you cannot see. Start with a hybrid audit to get a clear picture of your risk.
- Automated Scanning: Use automated tools to rapidly catch syntax errors (like color contrast and missing labels) across your entire app. This clears the "noise" instantly.
- Critical Flow Check: Manually verify your top 3 user journeys (e.g., Checkout, Login) to ensure they are usable via keyboard.
Phase 2: The Accessibility Statement (Immediate)
This is your most critical legal defense.
You cannot fix every bug overnight, but you can be transparent about them. The EAA requires you to declare your compliance status.
- The Strategy: Publish a statement that honestly outlines your known limitations (found in Phase 1) and your roadmap for fixing them. Transparency demonstrates intent to regulators.
- Action: Generate your compliant statement now.
Phase 3: The Remediation Sprint (Weeks 2-12)
With your statement published, you have bought time to fix the issues.
- Prioritize: Fix "Critical Blockers" (issues that stop a user from buying) first.
- Resolve: Address the automated syntax errors in bulk.
FAQ: Critical Questions
Q: We are a US-based company. Does this apply to us?
A: Yes. It applies to the market, not the HQ location. If you are selling to the EU, you are subject to the EAA.
Q: Can we use an overlay (widget)?
A: No. Overlays do not meet the "Robust" criteria of EN 301 549 and are viewed with suspicion by EU regulators.
Q: We are B2B only. Are we exempt?
A: Mostly, but verify contracts. Many enterprise procurement policies now mandate EAA compliance.
Q: Is PDF accessibility included?
A: Yes. Bank statements, e-tickets, and product manuals must be accessible.
Your Next Step
You are currently in the post-deadline risk zone. Start by documenting your current status.
Generate Free Statement