EAA vs. ADA: What You Need to Know

Does your business serve customers in the European Union (EU)? Regardless of where you’re located, you’ll likely need to comply with the European Accessibility Act (EAA). And the June 2025 deadline for EAA enforcement is rapidly approaching.

If your organization also operates in the U.S., digital accessibility compliance may already be a familiar topic. Chances are, you’re aware of the Americans with Disabilities Act (ADA), and you may have already taken steps to meet ADA digital accessibility requirements. In this case, you might be wondering how the two laws compare to one another, and whether ADA compliance equates to EAA compliance.

While the ADA and EAA both aim to remove barriers to access for people with disabilities, there are significant contrasts between the two regulations—from what they require to how they’re enforced. This article will provide a concise overview of both laws and their key differences.

What are the ADA and the EAA?

Signed into law in 1990, the ADA prohibits discrimination against individuals with disabilities in many aspects of public life, including education, employment, and government services. Title III of the ADA, which covers “public accommodations,” has been widely interpreted by courts to apply to the websites of private businesses. However, Title III does not explicitly mention digital accessibility.

Title II of the ADA, which covers state and local government entities, includes clearer requirements: Per a 2024 Department of Justice (DOJ) rule, Title II entities must make their websites and mobile apps conformant with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.

The EAA was enacted more recently than the ADA, in 2019, and aims to improve access for people with disabilities across all EU Member States. Unlike Title III of the ADA, the EAA explicitly covers a range of digital products and services. This landmark European Union (EU) directive establishes functional accessibility requirements for a range of consumer products and services, including e-commerce, banking, and transport, circulating within the EU.

All EU Member States have incorporated the EAA into their national laws, and enforcement is set to begin on June 28, 2025. Notably, Italy began enforcing compliance earlier—in November 2023—for companies with high turnover that were already obligated to meet accessibility requirements under previous laws.

Differences between the ADA and the EAA

Despite their shared goals, the ADA and EAA differ in several crucial ways, including the types of organizations they cover, their geographic scope, and their compliance requirements. Let’s explore some of these key distinctions.

Types of organizations covered

ADA:

The ADA is a broad anti-discrimination law that covers a wide range of organizations across the public and private sectors. However, the two portions of the law most relevant to digital accessibility—Title II and Title III—impact specific entities. While Title II applies to state and local governments, Title III applies to “public accommodations,” such as private businesses open to the public.

EAA:

The EAA impacts private businesses that provide products and services covered by the Act. Government organizations must comply with a separate regulation, the EU Web Accessibility Directive (WAD).

Geographic scope

ADA:

Title III of the ADA applies across the U.S. and its territories. It covers U.S. companies and those located outside the country that sell products and services to customers in the U.S.

EAA:

The EAA applies across all EU Member States, affecting companies based in the EU as well as those located outside of the EU that offer products and services to EU-based customers. Notably, transpositions of the EAA by individual Member States may have specific requirements that apply to businesses operating or serving consumers within that country.

Technical standards

ADA:

Title II of the ADA requires WCAG 2.1 Level AA conformance for the websites and mobile apps of state and local government entities. While it is not explicitly required by Title III, WCAG 2.1 Level AA conformance is also considered a compliance best practice for private businesses.

EAA:

The EAA sets out core digital accessibility requirements, including functional requirements that are aligned with EN 301 549, the harmonized EU standard for digital accessibility. EN 301 549 incorporates WCAG 2.1 with some additional criteria related to hardware and software.

Enforcement mechanisms

ADA:

Enforcement of the ADA typically occurs through lawsuits filed by individual plaintiffs, as well as investigations by federal agencies like the DOJ. The consequences of non-compliance are typically determined by the court system on a per-lawsuit basis. These may include settlement fees and injunctive relief (an order to fix accessibility issues within a specific time frame).

EAA:

Each EU Member State designates national authorities responsible for enforcing EAA compliance. These authorities are tasked with monitoring the market for violations and may penalize non-compliant entities. Specific penalties vary by country, and may include steep fines, sanctions on products, and even the suspension of a business’s local operations.

Exemptions

ADA:

Businesses with fewer than 15 employees may have different obligations under the ADA. Additionally, organizations may be exempt from some requirements in cases of undue burden (situations in which meeting these requirements would result in excessive difficulty or expenses for the organization).

EAA:

Businesses with fewer than 10 employees or an annual turnover under €2,000,000 are exempt from certain EAA requirements. However, these businesses are still required to meet product compliance standards.

Accessibility statements

ADA:

Under Title II, state and local governments are required to publish accessibility statements. While Title III entities, such as private businesses, are not explicitly required to publish accessibility statements, doing so is considered a best practice.

EAA:

Publishing an accessibility statement is mandatory for EAA compliance. These statements must document, in depth, how a product meets the EAA’s accessibility requirements. They must also offer additional details, including contact information for users to provide accessibility feedback.

The ADA and EAA: Navigating digital accessibility in a global context

Compliance with both the ADA and the EAA is essential for organizations that serve consumers across the U.S. and EU markets. And by meeting these laws’ requirements, businesses accomplish more than mitigating legal and regulatory risks. They enhance user experience, demonstrate a commitment to inclusion, and position themselves as leaders in a globally connected world.

However, tailoring your organization’s compliance strategies to the specific legal frameworks of each region can be complex. An experienced third party, like Level Access, can provide the legal expertise you need to understand your obligations under U.S. and EU accessibility laws, and the tools, training, and support required to meet them. Contact our team today to get started.