What US, UK, and Swiss companies must know about EAA compliance

Is your business compliant with the European Accessibility Act?

Accessing 450 million customers in the European Single Market is a massive opportunity. However, since June 2025, it comes with a new condition. For businesses based in the US, the UK, or Switzerland, the challenge is no longer limited to logistics or localisation. Digital accessibility has become a legal requirement.

The European Accessibility Act (EU 2019/882), adopted by the European Parliament and implemented by the European Commission, represents a major legislative shift aimed at harmonising accessibility requirements across the EU internal market and improving market access for European consumers. 

The full rollout of the EAA and the German BFSG means the rules of engagement have changed. Simply meeting domestic standards, such as the ADA or the UK Equality Act 2010, does not guarantee compliance in Europe.

The stakes are high. We are not just talking about potential lawsuits anymore, but direct government intervention. Authorities can now issue fines or even mandate that your digital products be taken offline.  

This guide breaks down exactly how to audit your content and ensure EAA compliance across the entire European Union. 

Understanding the EU accessibility law 

To navigate this landscape, you first need to understand the hierarchy. The overarching framework is the European Accessibility Act (EAA). This directive harmonises rules across all member states to facilitate cross-border trade. However, directives are not laws themselves—they must be transposed into national law. 

In Germany, this implementation is the Barrierefreiheitsstärkungsgesetz (BFSG). For international companies, this distinction is vital. While the EU accessibility law sets the baseline, the national enforcement bodies (like those in Germany) are the ones who will audit your digital services. 

This applies equally to e-commerce platforms, SaaS providers, and digital services offered to EU consumers — regardless of where the company is headquartered. 

Understanding these differences is essential for achieving and maintaining EAA compliance as a non-EU company. 

EU accessibility law vs domestic standards: What international companies overlook 

Companies expanding into the EU often assume that compliance with domestic accessibility laws will carry over automatically. In practice, this is one of the most common — and costly — misconceptions. 

For companies based in the US, the UK, or Switzerland, this distinction is critical: unlike the European Accessibility Act, neither the ADA nor the UK Equality Act formally codify WCAG as binding law. Instead, WCAG is used as an interpretive reference rather than a mandatory technical standard. 

The European Accessibility Act takes a fundamentally different approach. It mandates specific, testable technical requirements and enforces them through market surveillance rather than litigation. 

EAA vs ADA: What's the difference?

For companies based in the US, accessibility is often viewed through the lens of the Americans with Disabilities Act (ADA). However, the European approach is fundamentally different. Understanding the EAA vs ADA dynamic is critical for effective risk management when operating in the EU. 

In the United States, accessibility compliance under the ADA is typically assessed on a case-by-case basis and enforcement is primarily complaint- or lawsuit-driven. In practice, many organisations only address accessibility gaps once legal action is initiated, making the model largely reactive.

Under the European Accessibility Act, the logic is reversed. Enforcement is carried out by market surveillance authorities, who proactively audit digital products and services against binding technical standards (EN 301 549). Authorities do not wait for consumer complaints and can impose fines or restrict access to the EU market if requirements are not met. 

Compliance is not optional or situational — it is a condition for market access

EAA vs Equality Act 2010: What’s the difference? 

For companies based in the UK, accessibility compliance is typically guided by the Equality Act 2010, which takes a principle-based approach. The law requires organisations to make “reasonable adjustments” to avoid discrimination against people with disabilities, leaving room for proportionality, context, and interpretation. 

As a result, compliance under the Equality Act is often assessed on a case-by-case basis, taking into account factors such as organisational size, available resources, and practical feasibility. While WCAG is commonly used as a reference framework, it is not formally codified as a binding technical standard under UK law. 

The European Accessibility Act follows a fundamentally different model. It mandates demonstrable technical conformity with defined, testable standards (via EN 301 549) and is enforced through market surveillance authorities, not through individual complaints. Compliance is therefore not a matter of reasonableness or intent, but a precondition for offering digital products and services in the EU market. 

EAA vs BehiG: What’s the difference? 

For companies based in Switzerland, the distinction is particularly critical. The current Swiss Disability Discrimination Act (BehiG) primarily focuses on preventing discrimination and promoting equal access, but it does not establish market-wide, technically enforceable digital accessibility requirements comparable to those of the European Accessibility Act. 

As a result, compliance under the BehiG is not assessed through systematic technical audits and does not function as a condition for market access in the same way. While recognised accessibility standards may inform best practice in Switzerland, compliance with domestic requirements cannot be used as a proxy for EU conformity. 

Although the planned amendment of the Swiss BehiG is expected to strengthen digital accessibility obligations and bring national law closer to international standards, it will not create automatic alignment with the European Accessibility Act or its enforcement mechanisms. Swiss companies offering digital products or services in the EU will therefore still need to comply directly with EAA-based requirements. 

Why Germany’s BFSG is your safety benchmark for the entire EU 

You might be wondering: "Do I need to check the laws for France, Italy, and Spain individually?" The short answer is: No. 

Because the BFSG is the German implementation of the harmonised European Accessibility Act, complying with it acts as a "regulatory passport" for the entire European Single Market. The technical standard underlying the BFSG (EN 301 549) is identical across the EU. 

In fact, treating the German BFSG as your benchmark is a strategic advantage. Germany is known for its rigorous interpretation of EU directives. If you can make it in Germany, you can make it anywhere in Europe. 

By ensuring your digital products meet the strict German standards, you are automatically positioning yourself to achieve EAA compliance in all other 26 member states.

Which products and services must comply with the EAA? 

The EAA applies to a wide range of accessible products and services, including physical devices such as Computers, smartphones, ATMs (automated teller machines), payment terminals, point-of-sale devices, and ticketing machines used in public transportation. It also covers digital services such as banking services, e-commerce platforms, telephony services, mobile applications, telehealth platforms, self-service portals, and customer support systems. 

Media-related obligations extend to televisions, TV equipment, electronic programme guides, audio-visual media services, and digital publications such as e-books and E-readers. 

Compliance under the EAA is measured against the Web Content Accessibility Guidelines (WCAG standards), currently aligned with WCAG 2.1 Level AA and evolving toward WCAG 2.2 AA. These standards follow the POUR principles—perceivable, operable, understandable, and robust—and cover practical aspects such as font size, spacing, CAPTCHA systems, and accessibility of pre-recorded media. 

What are the penalties for non-compliance with the EAA? 

Many international executives ask: What are the penalties for non-compliance with the EAA, and how strictly are they enforced? Since enforcement is handled at the national level, the severity varies, but Germany has set a strictprecedent with the BFSG. 

Failure to meet the requirements can result in three major consequences: 

1. Fines: In Germany, penalties can reach up to €100,000 per violation. 

2. Consumer actions: Qualified associations can sue for injunctive relief or engage in class-action-style lawsuits.

3. Market exclusion: This is the most severe risk. Market surveillance authorities have the power to prohibit the sale of a product or service. This means your website could be ordered offline in Germany until itis fixed—a disastrous scenario for revenue and brand reputation. 

How do I audit my existing content for EAA compliance?

Given the risks of market exclusion and fines, the most pressing question for technical leads is: How do I audit my existing content for EAA compliance? 

Navigating the gap between ADA or UK standards and the strict German BFSG requires a partner who speaks both languages—legally and technically. This is where Eye-Able steps in as your local expert for the European market. 

We understand the nuances of the ADA and the UK Equality Act, and exactly where they fall short of the new EU regulations. To close this gap, Eye-Able offers a holistic platform that combines automated testing, AI tools, and expert consulting. 

Here is the proven framework for international businesses to achieve and maintain compliance: 

1. Automated & continuous monitoring  

Compliance is not a one-time project; it is a continuous state. Websites change—products are added, blog posts are published. 

We don't just scan once. Our Eye-Able Dashboard performs automated checks on a regular basis (e.g., weekly or after updates). It monitors your entire domain ensuring that new content doesn't break your compliance status. 

The BFSG applies to all digital content. That includes your brochures, whitepapers, and invoices. Our tools automatically check PDF documents and other digital assets to ensure they meet accessibility standards, protecting you from hidden compliance gaps. 

2. Manual expert review 

Automation is fast, but it only catches about 80% of accessibility issues. For full legal security under the BFSG, you need human verification. 

Our team of accessibility experts performs the manual testing for you. We test critical user flows—like your checkout process—using screen readers and keyboard navigation. Because we know the specific differences between US and EU audit protocols, we ensure your site stands up to the scrutiny of German market surveillance authorities. 

3. The mandatory "accessibility statement" 

Under the EAA and BFSG, technical compliance must be accompanied by correct and complete declarations. You are legally required to publish a detailed Accessibility Statement (Barrierefreiheitserklärung) that discloses known issues and contact channels. 

Writing this document requires deep legal knowledge of the BFSG standards. Eye-Able supports you in generating and updating a compliant statement, ensuring you satisfy the bureaucratic requirements just as well as the technical ones. 

4. Implement assistive technology 

Integrating Eye-Able Assist directly onto your website allows users to customise the view to their needs immediately. This serves two purposes: it improves the user experience for people with disabilities instantly, and it signals to EU authorities that your company takes digital inclusion seriously. 

Conclusion: Preparing for BFSG and EAA requirements

The era of digital accessibility as a "nice-to-have" feature is over. For Swiss, US, and UK companies, the EU accessibility law represents a binary choice: adapt to the EAA standards or risk losing access to the European Single Market. 

While the penalties—ranging from fines to market exclusion—are real, the opportunity is greater. A fully compliant website doesn't just keep the market surveillance authorities away; it opens your business tomillions of users and improves your SEO and usability globally. 

Don't wait for a warning letter to land in your inbox.