The European Accessibility Act: The Definitive Compliance Guide For Businesses
The European Accessibility Act And WCAG 2.2 AA: The Definitive Compliance Guide For Businesses
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 under WCAG 2.2 AA.
Despite years of lead time, government guidance has been absent. Many businesses remain unaware they now face financial penalties, legal exposure, reputational damage, and operational risk if they fail to meet these new obligations. This guide explains what the European Accessibility Act means for businesses, how WCAG 2.2 AA fits into it, and what steps must be taken to ensure compliance.
How Accessibility Laws Have Evolved Globally
Digital accessibility law has developed in different ways across global regions. Understanding this history helps explain the significance of the European Accessibility Act today.
- United States: In 1998, Section 508 of the Rehabilitation Act required public sector digital accessibility. Private sector enforcement has since come through ADA-based litigation, with thousands of lawsuits filed.
- United Kingdom and European Union: In 2019, both regions implemented public sector legislation. The UK introduced The Public Sector Bodies Accessibility Regulations 2018, which mirrored the EU’s Web Accessibility Directive.
- The Shift to the Private Sector: The European Accessibility Act marks the long-anticipated extension to private sector enforcement, with WCAG 2.2 AA as the compliance benchmark.
Low Awareness of the European Accessibility Act
Despite a six-year runway, awareness of the EAA is alarmingly low. Informal polling shows:
- 44% of businesses had heard nothing about the EAA.
- 44% only heard of it through industry contacts.
- 12% found out via limited social media.
- 0% reported receiving formal government notification.
This communication gap creates urgent risk as enforcement begins in less than a year.
Which Businesses Will Be Affected?
An estimated 200,000 to 400,000 UK businesses may fall under the European Accessibility Act due to digital trade with EU customers. This includes professional services, ecommerce, SaaS platforms, finance, education, and consultancies — any business offering a digital product or service accessed within the EU. Conformance with WCAG 2.2 AA will be required for legal protection.
Our process page explains how we assess accessibility risks for different business types.
Understanding the Key Risks of the European Accessibility Act
Legal Risk: Enforcement can come through national regulators across all EU member states, following a GDPR-style model.
Contractual Risk: Businesses risk exclusion from tenders and contracts for failing to comply.
Financial Risk: Penalties can be issued for accessibility failures.
Reputational Risk: Inaccessible sites can lead to lasting brand damage, especially in sectors focused on inclusion.
Operational Risk: Retrofitting accessibility later is costly and disruptive. Early action is essential.
Why Overlay Tools Are Not Compliant
The EAA compliance gap has created demand for shortcuts. Overlay tools like AccessiBe, UserWay and Recite Me claim to solve accessibility issues via third-party scripts. However, these tools do not deliver compliance under WCAG 2.2 AA.
Instead, they often introduce new conflicts. Multiple lawsuits and official warnings have been issued in the US due to misleading compliance claims. Under the European Accessibility Act, relying on overlays leaves businesses fully exposed to enforcement.
What The Law Requires: WCAG 2.2 AA Compliance
The EAA mandates that all digital services falling under scope must conform with WCAG 2.2 AA. This includes technical, visual, and functional accessibility — not just code validation or plugin use. Real accessibility must be designed into the site and tested with disabled users.
The Enforcement Structure Under the European Accessibility Act
- Each EU member state will appoint national regulators to handle complaints and enforcement.
- All businesses trading into the EU will be subject to these rules, regardless of location.
- There are no exemptions for small businesses or B2B providers.
- Enforcement begins 28 June 2025 — ignorance will not be accepted as an excuse.
5 Steps Towards Compliance with the European Accessibility Act
- Commission A Full Audit: Use real disabled testers alongside expert technical auditing. Automated tools alone cannot identify all barriers.
- Create A Legally Compliant Accessibility Statement: Your site must have a public statement outlining its current accessibility status and any work in progress.
- Develop A Remediation Plan: Accessibility fixes often require design, content, and code changes. A phased roadmap allows structured improvement.
- Work With Specialists — Not Shortcuts: Ensure your team includes accessibility professionals who understand WCAG 2.2 AA and lived experience of disability.
- Maintain Ongoing Governance: Accessibility must be maintained, just like security or data compliance. Regular testing and staff training are essential.
What Government Must Do Next
One of the most urgent problems is the lack of official guidance. It is critical that the UK Government confirms:
- The European Accessibility Act applies from 28 June 2025
- Private businesses serving the EU must comply
- WCAG 2.2 AA is the official standard for compliance
- Overlay tools do not deliver protection
Early government communication would reduce risk, prevent litigation, and improve accessibility outcomes for real users.
About The Author
This guide was prepared by Clive Loseby, international accessibility specialist, TED speaker, and founder of Access by Design. Clive has worked in digital accessibility since 2006 and leads a team of disabled testers and technical auditors. Together they deliver web audits, accessibility statements, and long-term compliance support based on real-world impact.
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