As commerce, business, and communication become increasingly interconnected throughout the world, accessibility is no longer a local concern – it becomes a global priority. For businesses in the United States that operate internationally, partner with European entities, or sell products in Europe, you will be affected by the European Accessibility Act (EAA). Enforcement for this act will begin in 2025, which means that understanding and adapting to this legislation is crucial. Read on to learn more about the EAA and how you and your business can be prepared.
What is the European Accessibility Act?
The EAA is legislation that attempts to ensure the accessibility of products and services throughout the European Union (EU). It has a very broad scope, covering manufacturers, authorized representatives for companies, importers, distributors, and providers of products and services. These products and services may include:
· Computers
· Operating systems
· Smartphones
· Payment terminals and self-service terminals, like ATMs
· Electronic terminals for communication
· Digital TV
· E-readers
· Electronic communication services
· Streaming services
· Transportation digital services, like ticket machines
· E-books and software
· E-commerce
· Consumer banking services
To be compliant with the EAA, your company must adhere to the EN 301 549 standards. Thankfully, these standards align with the WCAG 2.1 Levels A and AA standards, which are commonly used in the U.S. This means that if your websites and documents meet WCAG 2.1 standards, you are in compliance with EAA requirements, as well as current federal and state laws.
Will Accessibility Overlay Widgets Make You Compliant?
Even though many claim that overlay widgets will make you complaint, they will not be allowed under the EAA. According to accessibility.works, the EAA administrators have preemptively stated that overlay widgets do not ensure compliance.
What Will EAA Enforcement Look Like?
EAA’s enforcement will look a bit differently from the standard practices in the United States. While U.S. enforcement of the WCAG and ADA typically relies on litigation, the EAA will utilize national surveillance authorities. Each EU member state will designate their own authorities to oversee and ensure compliance. These authorities will monitor products and services, investigate complaints from consumers and advocacy groups, and conduct audits and inspections of businesses.
Currently, we’re not sure what penalties for non-compliance will look like. This is because penalties will differ between member states and their authorities. Most instances of non-compliance will be looked at on a case-by-case basis. Higher penalties will be delivered to severe instances of non-compliance, as well as instances that impact large groups and have been occurring for a significant period of time.
Why Should U.S. Businesses Care?
Even though the EAA is European legislation, its impact extends beyond Europe. To continue trading in the EU, U.S. companies must meet these standards. Non-compliance may mean restricted access to one of the world’s largest markets, comprising 27 countries and $19 trillion GDP. Compliance with the EAA closely mirrors the principles and standards of the Americans with Disabilities Act (ADA). This means that working toward ADA and 508 compliance will help you become compliant in both the EU and the U.S.
But not only is it beneficial to meet legal mandates – it’s also a moral imperative. Consumers increasingly favor companies that prioritize inclusivity and accessibility. By adhering to the EAA and ADA, your business can improve your reputation and demonstrate a commitment to accessibility and social responsibility. In short, it’s not just the law, it’s the right thing to do.
By acting now, you can ensure that your company remains competitive, inclusive, and ready for the future of international commerce. Whether you’re continuing your accessibility journey or just getting started, Splash Box Marketing is here to help. Contact us today at info@splashbox.com or visit our website at splashbox.com for more information.