EAA vs. ADA: What European companies with a US presence need to know
When the EAA and ADA both apply to a European company with US customers, what differs, and the shared, EU-only, and US-only tasks to tackle them.
A European company with US customers can't run the European Accessibility Act and the Americans with Disabilities Act as one checklist. Most of the technical work overlaps, but each law asks different legal questions, and the answers depend on what you sell and where. This guide maps those questions and shows how one accessibility program can serve both markets.
Key points
Meeting the EAA doesn't settle the ADA, or the other way around. Shared fixes help in both markets, but scope, exceptions, information duties, and enforcement differ.
Your headquarters doesn't decide either question. The EAA turns on whether you provide a listed consumer service or product in the EU. ADA Title III turns on your US public-facing operations and which court would hear a claim.
WCAG 2.2 Level AA is a strong shared engineering target, not a legal certificate. Under the EAA, a presumption of conformity comes only from harmonized standards cited in the Official Journal of the European Union.
Remedies work differently. EU penalties are set country by country, while US exposure depends on federal law, the court, and state law.
How the two laws approach accessibility
The European Accessibility Act (EAA) is Directive (EU) 2019/882, an EU law that sets accessibility requirements for specific products and consumer services through each member state's national law.
The Americans with Disabilities Act (ADA) is a US civil rights law from 1990 that prohibits discrimination against people with disabilities. Its Title III applies to businesses open to the public, which the law calls public accommodations.
Both laws can reach your website, your apps, and the customer journeys behind them. This guide covers private companies only. It doesn't cover employment, government procurement, or the accessibility of physical buildings.
What are the key differences between the EAA and ADA?
The EAA is a product and service regulation with defined accessibility requirements. The ADA is an anti-discrimination law that courts and the Department of Justice (DOJ) apply case by case. Technical standards, information duties, exceptions, and enforcement each get their own section below.
Table: EAA and ADA Title III at a glance
Question | EAA | ADA Title III |
Legal form | EU directive, applied through national laws | US federal civil rights law |
Who it covers | Listed products and consumer services, such as e-commerce and consumer banking | Businesses open to the public |
Where it applies | Products placed on the EU market and services provided to EU consumers | US public accommodations; courts differ on online-only businesses |
Timing | National measures have applied since 28 June 2025 | No set web compliance date for private businesses |
When should a European company assess both laws?
Assess both whenever you provide a covered consumer service in the EU and also run public-facing operations in the United States. Where your company is headquartered, where your site is hosted, or the fact that you have a US office won't answer either question by itself. Start by mapping each activity and the legal entity that provides it.
Map your EU consumer services and product roles
The EAA covers a closed list of services provided to consumers (Article 2):
e-commerce services
consumer banking services
electronic communications services
services providing access to audiovisual media services
e-books and dedicated software
websites, apps, e-tickets, and travel information for air, bus, rail, and waterborne passenger transport
It also covers listed products, including consumer computers and their operating systems, payment terminals, ATMs and ticket machines, and e-readers.
Your role matters. The directive gives separate duties to service providers, manufacturers, importers, and distributors (Article 3). A service provider is anyone who provides a service on the EU market or offers it to consumers in the EU, so your US entity can be in scope if it provides a covered service to EU consumers. Manufacturers also draw up technical documentation and an EU declaration of conformity, and affix the CE marking (Article 7).
The directive defines e-commerce services as services provided at a distance, through websites and mobile services, at a consumer's request, with a view to concluding a consumer contract (Article 3(30)).
That definition is why a fashion retailer's online shop counts as an e-commerce service, even though clothing isn't one of the EAA's regulated products. A purely informational corporate site, or a service sold only to businesses, needs a different scope analysis. Other accessibility laws may still apply to it. For a fuller EU overview, see our guide to European Accessibility Act requirements.
Assess your US public-facing operations and digital channels
Title III covers businesses open to the public, such as retail stores, banks, hotels, restaurants, and medical offices. In its guidance on web accessibility and the ADA, the DOJ says it has consistently held that Title III applies to the goods and services public accommodations offer online. The same page notes that DOJ guidance is informal and has no binding legal effect.
Courts don't all agree. In Robles v. Domino's Pizza, the US Court of Appeals for the Ninth Circuit applied the ADA to a website and app because they connected customers to physical restaurants. It left open whether a site with no such connection is covered, and the US Supreme Court declined to review the case in 2019. According to an American Bar Association analysis from August 2025, other appeals courts have signaled different answers for online-only businesses, and state laws such as California's Unruh Civil Rights Act add their own claims.
The US-only tasks at the end of this article list the facts US counsel will need. A government customer doesn't turn your company into a government entity under Title II. Contract terms with public buyers can still set their own accessibility requirements, and those need a separate review. Our page on ADA accessibility obligations explains the US framework in more detail.
Three business scenarios that change the analysis
These examples show which facts matter. They aren't legal advice for your company.
Scenario | EU questions | US questions |
An EU retailer with US stores and one shared website and app | The online shop is likely an e-commerce service for EU consumers | The site and app connect customers to US stores, which was the deciding link in Robles |
An EU company selling online to US customers, with no US premises | Same e-commerce analysis for EU sales | Neither coverage nor exemption is automatic; it depends on the court and on state law |
An EU business-to-business (B2B) software company with a US office | B2B sales aren't consumer services, so check what's actually offered to consumers | An office alone doesn't decide website coverage; US enterprise and public-sector buyers may ask for an Accessibility Conformance Report (ACR) |
"European" doesn't always mean EU. Operations in the UK, Switzerland, or other non-EU countries need their own legal analysis.
Does EAA compliance also satisfy ADA requirements?
No, not automatically. Many fixes serve both markets, but each law runs its own legal test.
An exemption under one law doesn't carry over to the other. The EAA's microenterprise exemption has no equivalent in Title III. Evidence doesn't carry over either. An audit of your EU site says nothing about a US app or checkout that nobody tested.
Take a checkout that works fully with a keyboard. It removes a barrier for customers in both markets. It doesn't publish the accessibility information the EAA requires, and it doesn't show that your US support channels communicate effectively with customers who are deaf or blind.
A shared fix can count in both markets, but only your own scope and evidence can show what each law requires of you.
How do WCAG and EN 301 549 fit into both frameworks?
Both frameworks use technical standards as tools, and neither treats a standard as the whole legal answer.
The Web Content Accessibility Guidelines (WCAG) are the technical accessibility standard published by the World Wide Web Consortium (W3C).
EN 301 549 is the European standard for the accessibility of ICT products and services. It covers the web, documents, software, mobile apps, and hardware.
Keep three questions apart:
What does the law require? This depends on the EAA, the ADA, and any national or state law that applies.
What technical target will your team build to? This is an engineering decision.
What evidence supports your assessment? This is the record of what you tested, how, and when.
We recommend WCAG 2.2 Level AA as the shared engineering target. W3C designed WCAG 2.2 to be backwards compatible with WCAG 2.1 and 2.0, so content that conforms to 2.2 also conforms to the earlier versions. An automated scan is a starting point; full conformance also needs manual and assistive technology testing. Native apps and documents need their own assessment, which W3C covers through its WCAG2ICT guidance.
For the EAA, Article 15 sets the rule. Services and products are presumed to conform to the requirements a harmonized standard covers, once that standard's reference is published in the Official Journal. EN 301 549 v4.1.1 was published in September 2026 and moves the web, document, and software requirements to WCAG 2.2. AccessibleEU confirms that the presumption under the EAA follows only once the Commission formally cites it.
The 2021 citation of v3.2.1 was made under the Web Accessibility Directive, which covers the public sector, so don't assume it carries over to the EAA. Our EN 301 549 checklist explains how to test against v4.1.1.
WCAG alone can't establish every EAA obligation, because the directive's requirements go further. They include accessible information about the service and accessible support services.
For ADA Title III, DOJ guidance says there's no regulation setting detailed web standards for businesses. It names WCAG and the Section 508 Standards as helpful guidance. Court orders and settlement agreements can still set a specific WCAG version as a requirement for a particular company. Don't confuse this with the separate Title II rule for state and local governments, which uses WCAG 2.1 Level AA.
How do exemptions, information duties, and enforcement differ?
The two laws treat exceptions, documentation, and remedies in their own ways, so you need to check each one on its own terms.
Exceptions are specific, not interchangeable
Under the EAA, a microenterprise is an enterprise that employs fewer than 10 persons and has an annual turnover not exceeding €2 million, or an annual balance sheet total not exceeding €2 million (Article 3(23)). Microenterprises that provide services are exempt from the service requirements (Article 4(5)). Microenterprises that deal in products aren't exempt from the product requirements.
The EAA also lets companies claim a fundamental alteration or a disproportionate burden (Article 14). This isn't an informal opt-out. You must carry out an assessment against the criteria in Annex VI, document it, keep the results for five years, and hand them over to the authorities on request.
Title III has its own limits. A business doesn't have to provide an auxiliary aid or service if it can show this would fundamentally alter what it offers or cause an undue burden, which the regulations define as significant difficulty or expense (28 CFR § 36.303). Courts assess this case by case, and it isn't the same test as the EAA's.
Keep service information and test evidence distinct
Under Article 13 and Annex V, covered service providers must publish information explaining how their service meets the accessibility requirements. It has to be available in written and oral format, accessible to people with disabilities, and kept for as long as the service runs. Providers also need procedures to keep the service conforming over time.
National implementing laws may add format rules. Our guide to writing an accessibility statement explains which document applies to which role.
DOJ web guidance doesn't call for an accessibility statement from businesses. Publishing one, with a feedback channel, still helps customers report barriers. A statement, an audit report, or a remediation roadmap records your work. None of them proves by itself that every duty is met.
EU national enforcement and US remedies require separate analysis
In the EU, each member state sets its own penalties, which must be effective, proportionate, and dissuasive (Article 30). There is no single EU-wide fine.
National authorities check compliance, and consumers can take action under national law before courts or administrative bodies (Article 29). Organizations with a legitimate interest can act on their behalf. Our review of the first year of EAA enforcement shows how this has worked country by country.
In the US, private Title III lawsuits can seek preventive relief, such as an injunction (28 CFR § 36.501). Courts can award attorney fees to the winning side (§ 36.505). When the DOJ sues, a court can also award damages to the people affected and impose civil penalties (§ 36.504). State laws can add damages on top of a federal claim, so the remedies available depend on where the case is brought.
28 June 2030 isn't a blanket extension for websites. Article 32 lets providers keep using products they already used for similar services until that date, and lets service contracts signed before 28 June 2025 run until they expire, for up to five years. New or ongoing covered services need their own analysis.
Where do you start with EAA and ADA compliance?
Build one technical accessibility program for both markets, then run separate legal tasks for the EU and the US, because each law sets its own scope, exceptions, and evidence. Start by mapping your legal entities, markets, websites, apps, covered services, and third-party components, so you know which questions go to EU counsel and which to US counsel. These tasks are practical guidance, not a legal checklist.
Shared work for both markets
Build to one technical target from the design stage
Use the WCAG 2.2 Level AA target from the standards section in design files, components, and content templates, so new work starts accessible and website accessibility holds up release after release. Output: one requirements baseline for every market.
Test complete journeys
Combine automated checks with manual expert review, keyboard and screen reader testing, and input from people with disabilities. Cover login, authentication, checkout, payment, support, key documents, and the homepage. Our comparison of manual and automated accessibility testing explains what each method finds. Output: findings linked to journeys, with severity.
Fix and retest
Fix the barriers that stop people completing essential tasks first. Give each fix an owner, track it, and retest. Output: fixes confirmed by a retest.
Check third-party components
Payment, login, chat, and booking tools belong in the review. The EAA excludes third-party content only when the business neither funds, develops, nor controls it (Article 2(4)(d)), and a vendor contract doesn't remove your own responsibility to customers. Output: a supplier list with accessibility owners and escalation routes.
Train teams and prevent regression
Train designers, developers, and content editors, and add accessibility checks to procurement and release processes. Review each localized version, because translations and market-specific components can introduce new barriers. Output: checks inside your normal release cycle.
Keep one evidence file
Record scope, methods, findings, fixes, and any documented exceptions. Keep legally required items separate from your own program records. Output: evidence you can show EU authorities or US counsel.
EU-only tasks
Confirm coverage and your role for each service and product, using the Article 2 list and the role definitions above.
Check exceptions before you rely on them. For the microenterprise exemption, check how linked or group companies count and how your member state applies the threshold. For a fundamental alteration or disproportionate burden claim, complete and file the Article 14 assessment.
Publish and maintain the service information required by Annex V, and update it after each major release. If you're a manufacturer, complete the product documentation as well.
Check national rules in each country you sell to: information format, the enforcement authority, and penalties.
Map the EN 301 549 clauses that go beyond the web, such as documents and native apps, and recheck your scope when the Commission cites v4.1.1.
US-only tasks
Gather the facts US counsel needs:
which legal entity owns or operates the US-facing site or app
whether you have US stores or other premises open to the public
what customers can do online: browse, buy, book, pay, or contact support
which US states your customers and operations are in
whether the activity serves consumers, employees, or a government customer
Check state law in the states where you have customers, such as California's Unruh Civil Rights Act.
Offer an accessible way to report barriers and get help, such as a monitored email address or phone line, so customers can still complete a purchase or booking.
Review agreements that set a standard, such as settlement terms or public-sector contracts that name a WCAG version, and prepare an ACR if US business buyers ask for one.
At Accessiway (a team.blue company), our specialists audit websites and mobile apps against WCAG 2.2 and EN 301 549. You get findings prioritized by severity, with practical guidance your developers can act on. Learn more about our accessibility audit and remediation support.
Further reading
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Editorial Board
Scope the EN 301 549 clauses that apply to your product, test against WCAG 2.2, and keep the evidence you need for v4.1.1.
Legislation
Editorial Board
An accessible video lets anyone follow it, regardless of disability. That means accurate captions and transcripts, clear audio description, and enough contrast between text and background.
Digital Accessibility
Author
With the acquisition of the Subly accessibility platform, Accessiway expands its offering to include accessible video and audio content, delivered in-house alongside its web and mobile accessibility services and products.
News