The European Accessibility Act: A Post-Deadline Survival Guide
The grace period has ended. Enforcement is active. Compliance is a prerequisite for market access.
Status: Enforcement Active
The Deadline of June 28, 2025, Has Passed.
We are now in the enforcement phase of Directive (EU) 2019/882. The transition period has ended. Market Surveillance Authorities across all 27 EU member states have initiated compliance checks. If your digital products—including websites, mobile applications, and self-service terminals—are currently accessible within the European Single Market, they are subject to immediate scrutiny.
Executive Summary: Directive 2019/882
For the C-Suite (CEO/CTO/GC):
The European Accessibility Act (EAA) is not a set of "guidelines." It is a directive requiring equal access to products and services for persons with disabilities. Unlike the ADA in the US, which relies largely on case law, the EAA is written into hard law. It mandates that specific products and services must comply with the EN 301 549 standard (the European equivalent of WCAG 2.1 AA) to be legally sold or used in the EU.
The Core Mandate:
Any business selling products or services on the EU market must ensure they are "perceivable, operable, understandable, and robust." This applies regardless of where the company is headquartered. If you sell to Europe, you comply with Europe.
The "Mobile Gap": Where Enterprises Are Failing
Our data from Q3 2025 indicates a significant compliance failure rate in one specific area: Native Mobile Applications.
Many organizations erroneously assumed that achieving WCAG compliance on their desktop web presence was sufficient. It is not. The EAA explicitly covers "mobile device-based services" (banking apps, e-commerce apps, ticketing apps).
Why this is a liability:
- Native OS Complexity: iOS (VoiceOver) and Android (TalkBack) operate differently than browser-based screen readers. A "responsive" website does not cover a native app's accessibility debt.
- The App Store Risk: Non-compliant apps are now subject to removal. Market Surveillance Authorities have the power to order the withdrawal of non-compliant software from distribution channels immediately.
Scope & Industries: Who Is Affected?
The EAA is broad, but it targets sectors essential to daily life. If your business touches the following verticals, you are under the microscope:
E-commerce Services
Online retailers, marketplaces, and booking engines (checkout flow, account management).
Consumer Banking & Finance
Retail banking apps, investment platforms, and mobile wallets (SCA methods, identification).
Transport Services
Air, bus, rail, and waterborne ticketing/check-in services.
Digital Media & E-books
E-readers, software, and DRM accessibility.
Enforcement & Penalties
As of late 2025, theoretical risks are now reality.
- Market Surveillance Authorities (MSAs): Each country has a designated body responsible for checking products. They perform spot checks.
- Consumer Litigation: EU consumers have a strengthened legal basis to sue for discrimination. Class actions are increasingly viable.
- The Penalties: Financial fines vary by member state but are designed to be "dissuasive." The ultimate penalty is Market Exclusion—ordering the immediate removal of a product from the EU market.
Remediation Plan: The 90-Day Protocol
If you are currently non-compliant, do not panic. Follow this linear path to mitigate liability and restore access.
Phase 1: The Diagnostic Sprint (Days 1–5)
Goal: Identify the risks.
You cannot fix what you cannot see. Before you change a single line of code, you must map your accessibility debt.
- Automated Scan: Run a site-wide scan immediately to catch ~30% of issues (missing alt text, bad contrast).
- Critical Flow Audit: Manually test your "Money Pages" (Checkout, Sign-up) using only a keyboard. If you can't buy your own product without a mouse, neither can your customers.
Phase 2: The Declaration (Day 6)
Goal: Legal transparency.
Once the audit is complete, you must inform the public. The EAA requires an Accessibility Statement.
- Publish the "Known Limitations": Use the data from Phase 1 to honestly list what is broken.
- Set the Roadmap: State clearly that you are aware of these issues and are actively fixing them. Transparency is your best defense against litigation.
Phase 3: The Remediation (Weeks 2–12)
Goal: Systematic repair.
With your statement published, you have bought the time needed to fix the code properly.
- Triage: Fix "Critical Blockers" first. These are issues that stop users from completing a task.
- The "Mobile Gap": ensure your native apps are being patched in parallel with your web properties.
FAQ: Critical Questions
Q: We are a US-based company. Does this apply to us?
A: Yes. It applies to the market, not the HQ location. If you are selling to the EU, you are subject to the EAA.
Q: Can we use an accessibility overlay or widget?
A: No. Overlays do not meet the "Robust" criteria of EN 301 549 and are viewed with suspicion by EU regulators.
Q: We are B2B only. Are we exempt?
A: Mostly, but verify contracts. Many enterprise procurement policies now mandate EAA compliance.
Q: Is PDF accessibility included?
A: Yes. Bank statements, e-tickets, and product manuals must be accessible.
Your Next Step
You are currently in the post-deadline risk zone. Start by documenting your current status.
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