Creating an EAA-Compliant Accessibility Statement

Does your organization offer products or services covered by the European Accessibility Act (EAA)? If so, you’re likely aware of the law’s functional accessibility requirements—and you may already be working toward improving usability for people with disabilities. But the EAA doesn’t just mandate that products and services are barrier-free: Organizations must also document how their offerings meet the EAA’s requirements.

While this information can be disclosed in various areas of your digital platform, we recommend presenting it in the form of an accessibility statement. Publishing an EAA accessibility statement not only supports transparency but also aligns with the recommendations of monitoring agencies in some European Union (EU) Member States.

Importantly, an EAA accessibility statement is different from a traditional web accessibility statement created to mitigate the risk of Americans with Disabilities Act (ADA) lawsuits. Understanding what specific information to include in EAA compliance documentation is critical to upholding your obligations and avoiding regulatory action.

This article provides practical guidance on creating an effective EAA-compliant accessibility statement, covering the essential elements required by law.

Key components of an EAA-compliant accessibility statement

Unlike traditional web accessibility statements, which are often brief and general, an EAA-compliant accessibility statement must include detailed, technical information about the accessibility of a specific product or service. When crafting your statement, make sure to include the following sections.

1. Introduction

This section should affirm your business’s commitment to accessibility and explain the purpose of the statement. It should also specify which portions of your product or service are covered by the EAA and any areas under review for future improvements.

2. Description of the service and accessibility measures

Provide a brief overview of your product or service and outline the steps your organization has taken to ensure its accessibility. List specific accessibility features you’ve incorporated, such as:

• Text-based descriptions: Clear and detailed information in plain language.
• Audio support: Narrated content for users with visual disabilities.
• Screen reader compatibility: Ensuring the service works with screen readers, such as NVDA and JAWS.
• Multimedia alternatives: Providing captions and transcripts for multimedia content.
• Adjustable contrast and zoom functionality: Allowing users to customize the display for better visibility.
• Logical navigation: Clear menus and headings for intuitive browsing.
• Keyboard accessibility: Ensuring all functions are operable without a mouse.
• Error notifications: Providing informative messages to guide users.
• Customizable settings: Enabling users to adjust fonts, themes, and display modes.

3. Ongoing efforts to maintain accessibility

Maintaining accessibility requires a commitment to continuous improvement. Use this section of your statement to document your organization’s efforts to sustain ongoing compliance. List measures such as:

• Training staff: Educating employees about accessibility best practices, and how to implement them.
• Regular testing: Evaluating conformance with the Web Content Accessibility Guidelines (WCAG) and EN 301 549 (the European accessibility standard) at regularly scheduled intervals, using both manual and automated methods.
• Feedback mechanisms: Encouraging users to report accessibility issues.
• Periodic updates: Addressing emerging accessibility concerns proactively.

If you’re working with a third-party digital accessibility solution provider, like Level Access, you should also share that information in this section. Engaging third-party expertise helps demonstrate your dedication to long-term compliance.

4. Conformance status

Specify which accessibility standards your product or service adheres to. The statement may mention:

• WCAG 2.1 Level AA conformance.
• EN 301 549 conformance.

The EAA states that using the recommended standard creates a presumption of conformity with the law. For ICT products and services, the applicable EU standard is EN 301 549, which incorporates WCAG 2.1 AA along with additional requirements. We recommend following EN 301 549 as the most straightforward path to compliance, and explicitly referencing this standard in your accessibility statement.

5. Limitations and alternatives (if applicable)

If some aspects of the service are not fully accessible, explain these limitations and any available alternatives. For instance:

• The lack of a “skip to main content” option.
• Incompatibility with specific assistive technologies.

You’ll also want to share any planned updates to address these issues.

6. Disproportionate burden (if applicable)

If addressing certain accessibility issues would impose a disproportionate burden on your organization, document the specific issues and the reason they cannot currently be addressed (for example, prohibitive costs or inadequate organizational resources). Additionally, provide an estimated time frame for reassessment.

7. Enforcement and complaints

Inform users about the enforcement authorities with whom they can file accessibility-related complaints. Provide links individuals can use to contact official regulatory bodies responsible for overseeing compliance in your jurisdictions. Different EU Member States have different regulatory bodies, so make sure you direct users to the appropriate authorities in the markets you serve.

8. Feedback and contact information

Provide contact information for users to report accessibility barriers directly to your organization. Include the following details:

• Email address
• Phone number
• Postal address

Additionally, you must indicate when the statement was last reviewed and published.

Practical tips for an impactful EAA accessibility statement

If you’re ready to start crafting your business’s EAA accessibility statement, use the following best practices to make your statement as effective as possible.

• Be transparent: Avoid vague or misleading claims about accessibility compliance.
• Use plain language: Ensure the statement is easy to understand for a broad audience.
• Make it easy to find: Publish the accessibility statement in an easily accessible location, such as the website footer.
• Review regularly: Update the statement periodically to reflect improvements and changes.
• Omit irrelevant sections: If certain features, standards, or compliance statuses do not apply to your service, exclude them.

Document your commitment to EAA compliance.

An accessibility statement is an essential step toward fulfilling your obligations under the EAA and demonstrating your commitment to accessibility. By clearly outlining the accessibility features of your product or service, as well as other actions you’re taking to support accessibility, your business can not only meet compliance requirements but ultimately foster a more inclusive user experience.

Navigating the intricacies of the EAA can be complex. A trusted accessibility solution provider can help your company confidently meet EAA requirements, including the publication of an accessibility statement. Level Access has more than 25 years of experience empowering organizations across multiple geographies to build inclusive digital products and services. Schedule a call with our team to learn more about achieving EAA compliance.

Frequently asked questions

Is an accessibility statement required by the EAA for all digital services?

Under the EAA, businesses that provide digital services to consumers in the EU must publish relevant information regarding their accessibility efforts and initiatives. We recommend—in alignment with national authorities from different countries—that it take the form of an accessibility statement.

How often should an accessibility statement be updated?

It should be reviewed at least once a year or whenever significant changes are made to the service’s accessibility features.

What happens if my business does not comply with EAA requirements?

Failure to comply may result in enforcement actions, including fines and legal penalties. Users also have the right to report accessibility issues to relevant authorities.