EAA vs ADA: one accessibility scan, two laws
Not legal advice. This guide is technical information about web accessibility. It does not tell you whether a law applies to your business and does not guarantee compliance.
If you sell online to customers in both the US and the EU, two very different laws shape what “accessible” means for your site. The legal frameworks differ a lot. The technical work underneath is largely the same, which is good news for a small team.
Side by side
| Topic | ADA (US) | EAA (EU) |
|---|---|---|
| Legal basis | Americans with Disabilities Act; for private businesses, Title III (public accommodations) | Directive (EU) 2019/882, implemented in each member state’s own law (in Germany the BFSG) |
| Technical standard for websites | No detailed DOJ regulation for business websites; DOJ guidance points to WCAG and Section 508 as helpful references | Accessibility requirements in Annex I of the Directive; EN 301 549 V3.2.1 maps web content to WCAG 2.1 Level A and AA |
| Since when | The DOJ web guidance was published in March 2022 | Applies to covered services provided to consumers after 28 June 2025 |
| Small businesses | The DOJ guidance does not describe a size threshold for websites | Micro-enterprises providing services are exempt: fewer than 10 persons and annual turnover or balance sheet total of up to EUR 2 million |
| Typical online scope | Websites of businesses open to the public, such as stores | Consumer e-commerce services and other listed services, such as banking and e-books |
Where the two laws differ
The EAA is a product and service regulation. The Directive lists the products and services it covers, including e-commerce services for consumers, and sets accessibility requirements for them. Member states supervise the market, and the national law of each country decides the details of enforcement. Services provided by micro-enterprises are exempt, but larger businesses must meet the requirements and describe how their service meets them.
The ADA is a civil rights law. For websites of private businesses there is no federal technical regulation. The Department of Justice guidance says businesses have flexibility in how they make their online services accessible, and it points to WCAG as a helpful reference. That flexibility is also why many US businesses choose WCAG 2.1 AA as their working target. For state and local governments the picture is different: a 2024 rule under Title II adopted WCAG 2.1 AA as the standard.
Where they meet: WCAG
Both roads lead to the same success criteria. The European standard EN 301 549 V3.2.1 incorporates the WCAG 2.1 Level A and AA criteria for web pages in its clause 9. On the US side, WCAG 2.1 AA is the reference most buyers, developers and tools use. A missing form label, a keyboard trap or low contrast text is the same defect under either law, and the fix is the same line of code.
So the practical plan is one backlog, not two: scan each page template, fix by WCAG criterion, record what you checked by hand and keep that record current when the site changes.
What is extra on the EU side
- An accessibility statement describing how the service meets the requirements, usually on its own page.
- For German online shops, a separate obligation unrelated to accessibility: the online withdrawal button under §356a BGB. Our free tool includes a checklist for it.
- Checking whether the micro-enterprise exemption applies. Our free BFSG self-check gives a first indication; it is not a legal determination.
What is extra on the US side
- If you sell software to US universities or public agencies, buyers often request an Accessibility Conformance Report. See VPAT vs ACR.
- Shopify and similar platforms publish theme accessibility guidance that maps closely to WCAG; see our Shopify checklist.
Check your own pages
The free scanner runs automated WCAG checks in your browser. Nothing is uploaded.
Related guides
Related tools
Sources
- EUR-Lex: Directive (EU) 2019/882 (European Accessibility Act): https://eur-lex.europa.eu/eli/dir/2019/882/oj
- DOJ: Guidance on Web Accessibility and the ADA (2022): https://www.ada.gov/resources/web-guidance/
- ETSI: EN 301 549 V3.2.1 (2021-03): https://www.etsi.org/deliver/etsi_en/301500_301599/301549/03.02.01_60/en_301549v030201p.pdf
- W3C: Web Content Accessibility Guidelines (WCAG) 2.1: https://www.w3.org/TR/WCAG21/