The European Accessibility Act: The Definitive Compliance Guide For Businesses
Introduction
The European Accessibility Act (EAA) represents one of the most significant expansions of digital accessibility law in recent history. From 28 June 2025, private sector businesses that trade with or serve customers within the European Union must ensure their digital services meet strict accessibility requirements.
Despite years of lead time, government guidance has unfortunately been entirely absent. As a result, many businesses are unaware they now face financial penalties, legal exposure, reputational damage, and operational risk if they fail to meet these new obligations.
This guide explains exactly what the European Accessibility Act means for businesses, where the risks lie, and what action organisations should take to achieve compliance.
The Global Development of Accessibility Law
Digital accessibility law has evolved differently across global regions. Understanding this history helps explain why the European Accessibility Act now carries such significance.
- United States:
In 1998, the United States amended its Rehabilitation Act to include Section 508, requiring public sector digital accessibility. Private sector enforcement has been primarily driven by litigation under the Americans with Disabilities Act (ADA), leading to thousands of lawsuits against businesses of all sizes. - European Union and United Kingdom:
In 2019, both the EU and UK introduced public sector accessibility legislation. In the UK, this took the form of The Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018, which closely mirrored the EU’s Web Accessibility Directive. Both frameworks mandated accessibility for public sector websites and mobile apps. - The Next Phase - Private Sector Enforcement:
The EU made clear from the outset that private sector enforcement would follow. The European Accessibility Act now brings private businesses directly under accessibility regulation from 28 June 2025. This applies to any business worldwide that trades with or serves customers in the EU.
The Current Awareness Problem
Despite a six-year lead time, awareness of the EAA remains dangerously low. Recent informal polling shows:
- 44% of businesses had heard nothing about the EAA.
- 44% only learned of it via industry contacts.
- 12% became aware through limited social media discussions.
- 0% reported receiving any formal government communication.
This lack of official guidance leaves businesses dangerously exposed as the enforcement date approaches.
Estimated Scale of Impact
Although precise figures are difficult to calculate, a conservative estimate suggests that between 200,000 and 400,000 UK businesses may fall within scope of the European Accessibility Act due to digital trade with EU customers. This includes not only exporters of physical goods, but also professional services, SaaS providers, financial services, consultancy firms, educational organisations, and any business offering digital products or services accessed by EU residents.
The Legal, Financial And Commercial Risks
Non-compliance with the European Accessibility Act creates serious exposure for businesses:
Financial Risk
Regulators across EU member states have the authority to issue financial penalties for failing to meet accessibility requirements, following an enforcement structure similar to GDPR.
Contractual Risk
Non-compliance may result in disqualification from procurement processes, cancelled contracts, or legal disputes with EU-based clients and partners.
Legal Exposure
Businesses may face legal enforcement action from EU regulatory bodies, just as they have previously faced under GDPR for data protection breaches.
Reputational Risk
Public disclosure of accessibility failures can create lasting reputational damage, especially within ESG (Environmental, Social, Governance), diversity, equity, and inclusion frameworks.
Operational Risk
Retrofitting accessibility under regulatory pressure is significantly more costly and disruptive than proactive compliance.
Accessibility is no longer a social responsibility initiative. It is now a legal obligation.
The Problem With Overlay Solutions
The global compliance gap has fuelled a parallel industry selling so-called “instant compliance” solutions through software overlays.
In the United States, widespread ADA litigation has driven businesses to seek fast fixes. In the UK, Public Sector organisations have done the same, to comply with UK Legislation. This vacuum has been exploited by companies including:
- AccessiBe (US-based)
- UserWay (US-based)
- Recite Me (UK-based)
These companies promote overlay products that claim, or appear to claim, to automatically resolve accessibility failures without requiring technical remediation of website code.
Why Overlays Do Not Deliver Compliance
Overlay products do not meet the legal or technical requirements of the European Accessibility Act or existing US accessibility laws. They fail to fix underlying accessibility barriers and often introduce new accessibility conflicts, particularly for screen reader users and disabled testers.
Several legal actions and government fines have already been issued against such companies in the United States for misleading compliance claims.
While overlays offer convenience, they do not provide legal protection under the EAA. Businesses using these products remain fully exposed to enforcement.
More information on 3rd party accessibility overlays
📄 Independent factsheet on overlays: https://overlayfactsheet.com/en/
⚖️ AccessiBe fined $1M by the FTC: https://accessbydesign.uk/ftc-orders-ai-accessibility-startup-accessibe-to-pay-1m-for-misleading-advertising/
🚨 Class action lawsuit against UserWay: https://accessbydesign.uk/userway-faces-class-action-lawsuit-over-alleged-false-accessibility-and-ada-compliance-claims/
The Enforcement Model Under The European Accessibility Act
Unlike the fragmented private enforcement seen in the United States, the European Accessibility Act introduces a fully regulated, centralised enforcement model.
- Each EU member state will designate national regulators to oversee accessibility compliance.
- Enforcement will apply to both EU-based companies and any non-EU businesses that trade into the European Union.
- Enforcement begins from 28 June 2025.
- Once enforcement begins, businesses will not be able to plead ignorance or request extensions.
What Businesses Need To Do Now
The window for proactive compliance is closing rapidly. Businesses must act immediately to assess and remediate their accessibility position.
- Commission Full Accessibility Audits
Businesses should undertake a professional accessibility audit conducted by qualified accessibility experts and disabled user testers. Automated scanning tools are insufficient. Only live testing alongside technical audit work can properly identify accessibility failures.
- Publish A Legally Compliant Accessibility Statement
The EAA requires businesses to publish an Accessibility Statement that accurately reflects the current accessibility status of their digital services and outlines any steps being taken towards full compliance.
- Develop A Phased Remediation Plan
Accessibility fixes often require technical redevelopment, content updates, design changes, and staff training. A staged remediation plan allows businesses to prioritise critical accessibility failures while building towards full compliance.
- Engage Qualified Experts — Not Overlay Providers
Compliance requires specialist expertise, not software shortcuts. Businesses should work with accessibility professionals with established experience in technical auditing, WCAG conformance, and user testing with disabled people.
- Implement Ongoing Accessibility Governance
Accessibility is not a one-time project. Businesses must adopt governance processes to maintain ongoing accessibility compliance as standards evolve and new content is published.
What Government Must Now Do
The absence of official guidance is one of the greatest risk factors facing UK businesses.
It is strongly recommended that government departments urgently issue formal guidance to UK businesses confirming:
- The European Accessibility Act is enforceable from 28 June 2025.
- The legislation applies to private sector businesses trading with EU customers.
- Compliance requires full conformance with WCAG 2.2 accessibility standards.
- Overlay products do not deliver legal compliance or protection.
Early government communication will prevent unnecessary litigation, reduce business exposure, and ensure digital accessibility outcomes are genuinely improved for disabled users across Europe.
About The Author
This guide has been prepared by Clive Loseby, an international accessibility compliance specialist, TED speaker, and Founder of Access by Design.
For nearly 2 decades, Clive has advised global organisations, businesses and public sector bodies on accessibility legislation, WCAG standards, and practical implementation of accessible web design. His audit team includes disabled testers who conduct live user assessments alongside technical auditing to identify real-world accessibility failures.
Clive delivers accessibility audits, accessibility statements, compliance strategies, board-level briefings, and ongoing accessibility governance consultancy to businesses across the UK, Europe, the US and beyond.
Further information, audits, and advisory services are available upon request.
Contact
Clive Loseby Founder, Access by Design
Website: www.accessibilityaudit.co.uk / www.accessbydesign.uk
Email: clive@accessbydesign.uk
LinkedIn: https://www.linkedin.com/in/cliveloseby/
