What You Need to Know About EU Digital Accessibility Laws

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European Accessibility Act: Ultimate Guide to Compliance

Posted November 01, 2022

AudioEye

Posted November 01, 2022

The European Union logo (a circle of 12 gold stars on a blue background) with a gold accessibility icon in the middle.
The European Union logo (a circle of 12 gold stars on a blue background) with a gold accessibility icon in the middle.

Thanks to two European Union directives, EU Member States share common standards for web accessibility. Here’s a guide.

Currently, there are 135 million people in Europe who are living with a disability. That number is only expected to grow as the population ages. As this number continues to grow, the European Union (EU) has increased its focus on creating and enforcing digital accessibility laws. The European Accessibility Act (EAA) is just one of the accessibility laws designed to increase accessibility and usability for users with disabilities. 

Below, we’ll review what the EAA is, who it applies to, and how complying with the standards included in the EAA benefits both organizations and users.

A blue and gold map of the European Union, with a label that reads "The Web Accessibility Directive & the European Accessibility Act."

Understanding the EU Digital Accessibility Landscape

In 2011, the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) became the first international, legally binding instrument to establish minimum standards for the rights of people with disabilities. All EU Member States signed and ratified the convention, which started the process of standardization. 

The next step towards advancing digital accessibility occurred in 2016 with the signing of the Web Accessibility Directive. The Directive was designed to make public websites and mobile applications more accessible as well as to harmonize various accessibility standards across the EU. The 15-page document is applicable to all public sector agencies and organizations financed through public contracts (for example, contractors hired to create an online portal for an EU Member’s website).

Some of the key accessibility features of the Directive include:

  • Each Member State must develop accessibility standards based on guidance from the European Standards Organization (ESO). The ESO’s web standards are based on WCAG Level AA requirements.
  • Organizations must publish an accessibility statement on their websites and mobile content. 
  • Users must have a way to provide feedback about accessibility issues.
  • In addition to websites and mobile apps, the Directive also applies to payment terminals, ticketing machines, and other electronic communications technologies.

The Directive was signed by the Member States in 2016 and, like many accessibility laws, was rolled out gradually across EU countries. As of September 2020, all new and existing websites covered by the Directive must meet its requirements.

Although the Web Accessibility Directive covers public organizations, it isn’t directly applicable to private companies. To address this, the Member States passed the European Accessibility Act, which has broader implications for digital accessibility in the EU.

The Web Accessibility Directive and the European Accessibility Act

In 2011, the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) became the first international, legally binding instrument to establish minimum standards for the rights of people with disabilities. All EU Member States signed and ratified the convention, which started the process of standardization.

The Member States signed the Web Accessibility Directive in 2016. This 15-page document applies to all public sector agencies and organizations financed through public contracts (for example, contractors hired to create an online portal for an EU Member’s website).

Key features of the Directive include:

  • Each Member State must develop accessibility standards based on guidance from the European Standards Organization (ESO). The ESO’s web standards are based on WCAG Level AA requirements.
  • Organizations must publish an accessibility statement on their websites and mobile content.
  • Users must have a way to provide feedback about accessibility issues.
  • In addition to websites and mobile apps, the Directive also applies to payment terminals, ticket dispensers, and other electronic communications technologies.

The Directive was enacted in 2016 and, like many accessibility laws, was rolled out gradually. As of September 2020, all new and existing websites covered by the Directive must meet its requirements.

Although the Web Accessibility Directive covers public organizations, it isn’t directly applicable to private companies. In 2019, the Member States passed the European Accessibility Act, which has broader implications for digital accessibility in the EU.

What is the European Accessibility Act? (EAA) 2025?

The European Accessibility Act (EAA) is a European accessibility law which “requires some everyday products and services to be accessible for persons with disabilities.” The act is designed to increase the rights of people with disabilities by providing them with easier access to products and services such as:

  • eBooks
  • eReading devices and software
  • eCommerce experiences or applications
  • Digital rights management software
  • Smartphones
  • Televisions
  • Self-service terminals
  • ATMs

The EAA was enacted in June 2019 with organizations having until June 2025 to become compliant.

Similar to the Web Accessibility Directive, the EAA requires Member States to implement universal accessibility standards based on the 301 509 standard, Accessibility Requirements for ICT Products and Services (PDF), which incorporates standards outlined in the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA by reference. 

The EAA applies to any product or service that is sold or used within the Member States, regardless of origin. More simply, even if your business is based in the United States, you must comply with the EAA if you sell to customers in the EU.

The Importance of Compliance

There are numerous reasons why EU organizations should prioritize digital accessibility. 

First, it decreases the chances of legal action. As we mentioned above, EU organizations have until June 2025 to comply with WCAG 2.1 Level AA accessibility standards. After this date, enforcement actions will begin that may result in costly legal fees and damage to reputation.

Second, digitally accessible organizations are better positioned to serve the 135 million Europeans with disabilities. Creating digital experiences that are more accessible to the disabled community can expand your customer base which may result in more revenue opportunities. 

For example, in the UK alone, the disabled community and members of their households wield £274 billion in spending power. UK organizations who don’t have an accessible website may be missing out on £24 billion per year. 

Third, enhancing digital accessibility can improve organizations’ SEO rankings. Well-structured and easy-to-read content makes it easier for search engines to understand a page’s context which may increase its ranking position. Additionally, including strategic keywords in alt text can improve the usability of your site and its overall ranking.

Finally, complying with digital accessibility standards increases the accessibility and inclusivity of your site. Essentially, these standards ensure that anyone — regardless of ability — can interact with your digital content. 

Who Needs to Comply with the EAA?

Unlike previous accessibility laws (such as the Public Sectors Bodies Accessibility Regulations (PSBAR)) which only applied to public-sector organizations, the EAA also applies to public companies. The EAA has limited exemptions regarding compliance; for example, micro-enterprises with a small number of employees (less than 10) and an annual turnover below €2 million do not need to comply with the EAA.

However, the EAA does encourage these small businesses to provide accessible digital products and services to comply with WCAG 2.1. Aside from legal compliance, creating accessible, inclusive products increases the reach of your company, establishes your social values, and increases brand reputation.

Additionally, as we mentioned above, if you’re a U.S-based company selling to EU customers, your digital content must comply with the EAA.

A list of common accessibility issues: Poor color contrast, lack of semantic HTML, no alt text, keyboard accessibility issues, and excessive flashing/blinking content.

EU Accessibility Law Compliance and WCAG

The Web Accessibility Directive and the EAA share the same goal: To make the Internet a better place for people with disabilities. To that end, both accessibility legislations incorporate WCAG 2.1 success criteria, which are pass-or-fail statements used to test (and fix) accessibility issues. By enforcing WCAG recommendations, many of the common accessibility barriers are improved, creating a more accessible experience for users with disabilities. Some of  these barriers include:

In total, WCAG 2.1 contains 78 success criteria, which are organized into three levels of conformance: Level A (the least strict requirements), Level AA, and Level AAA (the most strict requirements). EU accessibility laws require websites to meet the Level A and Level AA standards.

It’s important to note that WCAG accessibility standards also apply to mobile content. Despite being originally created for web content, WCAG has expanded accessibility recommendations to mobile apps and content as the use of mobile devices such as smartphones or tablets has increased.

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How To Comply With the EAA and Web Accessibility Directive

To comply with the European Union’s digital accessibility laws, you need to think about people with disabilities when creating your content. WCAG provides a framework for finding and fixing accessibility issues, and reviewing the guidelines can help you develop an accessibility-first mindset.

If you’re ready to build a more accessible website, here’s how to get started (and how AudioEye can help):

1. Test Your Content Against WCAG

The first place to start your journey to compliance is by testing your existing content against WCAG standards. Most common accessibility issues can be identified through automated testing. However, some accessibility issues — like non-descriptive links or unhelpful alt text — cannot be detected by automation alone. To find more complex issues, you may need to use a team of human testers.

For example, AudioEye starts your path to EAA compliance with an Accessibility Scan that identifies common accessibility issues. From here, our Automated Accessibility Platform provides automatic fixes for certain accessibility errors. Anything that our software can’t fix is handled by our team of experts who perform an Expert Audit of your digital content and provide custom remediations. We’ll also provide Active Monitoring of your webpages to ensure continued compliance with accessibility standards.

2. Fix Accessibility Issues

Based on the results of your WCAG audit or accessibility testing, you’ll then need to prioritize which accessibility errors to fix first. We recommend starting with quick wins or easy fixes before moving on to bigger issues. You’ll want to create a remediation plan for larger issues to minimize disruptions.

As you’re creating a remediation plan, you may want to consider bringing on the help of an expert like Audioeye. We take a hybrid approach to accessibility testing with our Active Monitoring and Automated Fixes finding and fixing accessibility issues and our human testers who fix what automation alone can’t detect.

3. Create an Ongoing Testing and Remediation Strategy

Accessibility requires commitment. Even if you address every WCAG issue, you might accidentally introduce new barriers when adding new content, applying updates, or implementing new technology — that’s why regular testing is essential for long-term digital compliance. 

Using Active Monitoring, AudioEye regularly tests your digital content for accessibility issues. Through our Issue Reporting dashboard, you can monitor your website’s accessibility in real-time and provide users with a more accessible experience.

4. Publish an Accessibility Statement

An Accessibility Statement shows your commitment to accessibility and provides information about your website’s content. Accessibility statements should follow a common format and include information about your testing tools, goals, and any known barriers. 

For more guidance on how to create an accessibility statement, read: Does My Website Need an Accessibility Statement?

Start Building For Web Accessibility Directive and EAA Compliance

While the EU’s accessibility laws might seem complicated, they’re designed to increase accessibility for all web content. By increasing accessibility, you create more accessible, user-friendly digital content for users. This results in more user engagement, satisfaction, and loyalty which results in a wider customer base and more revenue opportunities. 

Ready to see how accessible your website is? Scan your digital content using the AudioEye Website Accessibility Checker.

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