Web accessibility compliance is a high-stakes world. Here, legal frameworks often act as a nightmare for your technical realities.
The legislative frameworks under discussion are the European Accessibility Act (EAA) and the Americans with Disabilities Act (ADA). These regulations determine whether your website is accessible to everyone or ignores the 1.3 billion people living with disabilities.
Thinking of fixing the compliance issues later? That’ll be your biggest mistake. Businesses are facing huge losses because of accessibility litigation. In 2023, 8,227 accessibility lawsuits were filed, and the settlement amounts in such lawsuits ranged from $5,000 to $350,000.
Businesses like technology vendors, e-commerce brands, healthcare providers, financial institutions, educational organizations, and many others are in the ambit of these regulations. It’s daunting, right?
However, understanding their similarities and differences is essential for creating a truly inclusive digital experience while avoiding hefty lawsuits. With the EAA’s enforcement deadline rapidly approaching and the ADA lawsuits continuously rising, as a business owner, you must act now and ensure that your digital assets meet the accessibility standards required by law.
Understanding the European Accessibility Act (EAA)
Think of the EAA as Europe’s “accessibility rulebook,” one law to rule them all. Before the EAA, businesses faced a nightmare: 27 distinct countries, each with their own set of accessibility standards. A website that is compliant in Germany may be subject to fines in France. The EAA was authorized in 2019 to end the confusion by establishing a single, unified standard throughout the European Union.
Mark your calendars: the EAA becomes effective on June 28, 2025. So, if you’re into selling products or businesses offering services like e-commerce, banking services, smartphones and computers, transportation services, and digital books in the EU, your website must comply with the EAA web accessibility directive.
At the heart of the EAA lies the EN 301 549 standard. It incorporates WCAG 2.1 Level AA guidelines. These are the same accessibility guidelines followed globally. The EAA must be converged with ESG standards as well, and the organization must take strategic steps to apply the same.
Two deadlines to remember:
From June 28, 2025, all new products and services must meet EAA criteria. Existing products and services, on the other hand, are granted a grace period until June 28, 2030.
We understand that it’s overwhelming! However, the key problem here is verification rather than compliance. How will you ensure that your website adheres to these standards?
Website accessibility audit services are a reliable option for you to ensure adherence to the relevant accessibility standards. Audits like automated, manual (human), and semi-automated (hybrid) are offered, from which you can choose a favorable audit according to your requirements.
The Americans with Disabilities Act (ADA) An Overview
In contrast to EAA, ADA was written in 1990, when the internet was still a relatively new concept. It was originally designed to make physical spaces accessible, like offering wheelchair ramps and braille signage. ADA Title III covers places of public accommodation, where the federal and state courts in many decisions have included websites and mobile apps under this clause.
Unlike EAA, ADA has no official checklist for compliance. Courts have consistently referenced WCAG 2.1 Level AA as the standard.
There is no "safe harbor" clause in the ADA. You can follow every accessibility guideline and still face lawsuits. It’s like following the speed limit but still getting pulled over. This reliance on the WCAG 2.1 guideline creates a gray area that keeps lawyers busy and businesses nervous.
To keep up with the ever-changing realm of web accessibility, you can opt for two approaches:
One is to conduct an ADA compliance audit, and another approach is to integrate an advanced website accessibility solution like the All in One Accessibility widget into your website. It is an AI-powered solution that assists in enhancing the website’s accessibility and usability.
Key Differences Between EAA and ADA
The fundamental differences between the EAA and ADA reflect their different origins, enforcement mechanisms, and regulatory aspects. Understanding these distinctions is crucial for businesses operating in both jurisdictions.
1. Geographic Scope and Applicability
The EAA applies to enterprises operating in the EU's 27 member states, as well as products and services sold in the EU market.
The ADA affects businesses operating in the U.S. or serving U.S. customers regardless of the company's location.
2. Enforcement Mechanisms
The most significant difference lies in enforcement approaches.
The EAA sets up a forward-looking compliance system with specific deadlines and rules. This creates an organized, foreseeable compliance setting where companies know what they need to do and when.
In contrast, the ADA uses private lawsuits to push for compliance. With a quick rise in compliance lawsuits, this leads to a less predictable legal environment where companies might face legal action without any heads-up.
3. Technical Standards and Requirements
The EAA includes EN 301 549, which points to WCAG 2.1 Level AA, setting up clear and required technical standards.
The ADA doesn't list specific technical rules, but courts often use WCAG 2.1 Level AA as the standard to decide if a company follows the law.
4. Coverage and Scope
The EAA states what it covers, including specific products and services like online shopping, banking, transportation, and digital content.
The ADA's Title III has a wider but less clear scope, affecting any business that serves the public, with courts deciding if it applies on a case-by-case basis.
5. Compliance Timeline
The EAA sets specific, unchanging due dates to follow its rules. The main push to ensure everyone adheres to these rules begins on June 28, 2025.
The ADA doesn't have exact dates by which you need to follow its rules. Instead, it asks that you always stick to the basic idea that everyone should be treated equally.
What Website Owners and Businesses Need to Do
Time for action; here’s your accessibility game plan.
Step 1: Know where you stand
Guessing your accessibility status isn’t an option. Get professional accessibility audit services to evaluate your websites, applications, and digital content against WCAG 2.1 Level AA standards. Think of it as a health check-up for your digital assets.
Step 2: Implement comprehensive solutions
Forget band-aid fixes. You need a comprehensive website accessibility solution that covers everything from automated testing to ongoing monitoring. It’s like getting a complete security system instead of just a doorbell camera.
Step 3: Build accessibility into your website’s DNA
Develop accessibility policies, assign clear responsibilities, and make accessibility part of every project from day one. Train your developers, designers, and content creators. Make accessibility as fundamental as security or privacy.
Step 4: Plan for the long game
Accessibility is an ongoing commitment. As a business owner, you always need to keep the bigger picture in mind. You need to set up processes for:
- Regular accessibility testing
- Staff training and awareness
- Continuous improvement
- Staying updated with evolving standards
Step 5: Think globally
If you are a multinational organization, your strategy must address both EAA and ADA requirements. This means understanding specific implementation requirements in each EU member state and the litigation landscape in the U.S.
Step 6: Document everything
Keep detailed records of your accessibility efforts, like audit results, remediation activities, training sessions, VPAT/ACR, and ongoing monitoring. This documentation is your insurance policy in case of legal challenges.
Step 7: Get expert help
Given the complexity of accessibility law and the rapid pace of change in enforcement, businesses should consider partnering with accessibility experts who can provide ongoing guidance and support. This is particularly important for organizations with limited internal accessibility expertise.
Industry Specific Considerations
Different industries face unique challenges in EAA and ADA compliance, requiring tailored approaches to accessibility implementation.
1. eCommerce and Retail
Online retail businesses are under the microscope of both laws, as their digital platforms are the main way customers interact with them. E-commerce, which usually runs in many areas, creates a big problem for many providers. They'll need to deal with the accessibility laws and rules of 27 member states before June 2025.
2. Banking and Financial Services
Banks and financial services companies have to follow strict rules because of what they do. These organizations need to make all their digital contact points easy to use. This includes mobile banking apps, online account systems, and ways to help customers.
3. Healthcare and Education
These institutions face challenges due to the sensitive nature of their services and the critical importance of accessibility for their users. These sectors must ensure that offering basic compliance will not do; it must be beyond basic.
Conclusion
The bottom line is that accessibility is a crucial aspect, and you can’t just linger on. The EAA and ADA represent two different but complementary approaches to ensure digital accessibility. While the EAA provides clear, proactive requirements with defined deadlines. The ADA relies on litigation-driven enforcement to achieve compliance.
The opportunity is massive. By proactively addressing accessibility, you’re not just avoiding legal trouble; you’re opening your business to the 1.3 billion people worldwide who live with disabilities. The market is worth over $13 trillion in annual disposable income.
If your digital assets are not entirely accessible, Skynet Technologies is your best go-to option for all your accessibility requirements, like:
- Conducting a website accessibility audit to change your accessibility status
- Implement comprehensive accessibility assistive solutions like All in One Accessibility widget
- Start your accessibility journey for the EAA’s June 28, 2025, deadline
- Develop an ongoing compliance strategy for both jurisdictions with our accessibility scanning and monitoring service. Get your free trial today.
Don’t wait for a lawsuit or penalty notice to take action. The businesses that thrive in the next decade will be those that embrace accessibility as a competitive advantage. The investment you make in accessibility today will reward you by reducing legal risk, improving user experience, expanding market reach, and creating an all-inclusive digital landscape.
Ready to get started? Consult with Skynet Technologies accessibility experts and conduct website accessibility audits on your website that can assist you in meeting the EAA and ADA requirements. Or mail us with your accessibility requirements at [email protected].