The EAA and the ADA: A Global Perspective on Digital Accessibility

Ensuring all users, including those with disabilities, can access digital content is becoming more vital than ever. Whether accessing shopping websites or trying to use online banking services, digital accessibility plays a huge role in creating a more inclusive society.

In this article, we’ll discuss two pieces of legislation that have changed the game: the European Accessibility Act (EAA) and the Americans with Disabilities Act (ADA). We’ll cover what they are, their similarities and differences, their impact, and who is affected.

What Is the European Accessibility Act (EAA)?

The European Accessibility Act, or EAA for short, is a piece of legislation applicable in the EU, constructed in 2019 to enhance accessibility for people with disabilities across this geographical region. By removing barriers to accessing products and services, this act is all about striving towards a more inclusive society.

The EAA is a legal requirement affecting a variety of sectors, setting minimum accessibility requirements for industries such as:

Transportation
Banking
eCommerce
Telecommunications
Computing

By ensuring that people with disabilities can utilise products and services easily, this act encourages everyone to participate in the digital economy in the EU and additionally supports the EU’s broader goal of achieving a more equal society.

What Is the Deadline for Meeting EAA Requirements?

While introduced in 2019, the full implementation of the EAA is marked by other key dates. For example, June 28th, 2022, is the date by which EU Member States were required to transpose the EAA Directive into their national laws. This was crucial in ensuring the consistent and timely implementation of accessibility standards across the EU, keeping things working towards the full implementation of this act.

This brings us to the critical deadline of June 28th, 2025, which is when all products and services on the EU market must legally meet the accessibility requirements laid out in the EAA legislation. Failing to comply with the EAA could lead to the following:

A damaged business reputation
Legal consequences, such as fines
Decline in customer base

It is recommended that businesses act now if they have not already addressed the EAA requirements.

Benefits of the EAA

The EAA brings several fantastic benefits to the table, particularly for businesses and individuals with disabilities. Take a look at some of the top benefits below:

Improved accessibility

The most obvious benefit of the EAA is that it ensures products and services can become more accessible to those with disabilities, whether these regard mobility, visuals, cognitive, or auditory impairments. Digital content must be perceivable, operable, and easily understandable for all users, creating equal opportunities for everyone and supporting the EU’s commitment to human rights.

Even though WCAG 2.1 is seen as the international standard for digital accessibility, the EAA builds on this by including additional requirements for specific industries.

Consistency

As a legal requirement across the EU, the EAA provides consistency across various countries, meaning that those with disabilities can start to expect a similar level of services across different locations. This is particularly useful for those who like to travel regularly in the EU.

Increasing markets

Of course, we can’t get very far without mentioning how the EAA can help businesses flourish. By making services and products more accessible, organisations may be able to enjoy a larger consumer base and revenue potential, as well as get ahead of the competition by positioning themselves as leaders in technology and inclusivity.

Enhanced quality of life

Because individuals with disabilities will gain better access to a variety of public spaces online, they can live a more independent and full life, decreasing the reliance on caregivers. This can reduce isolation, increase customer satisfaction, and even encourage higher spending.

What’s Next for the EAA?

Once we’ve hit the 2025 deadline, ongoing compliance with the EAA will demand continuous adaptation to evolving interpretations and updates to supporting standards. As technology advances, we may also see evolving accessibility requirements, showcasing why regular updates to digital platforms, products, and services are integral.

Going further, recent technologies, like artificial intelligence, may also need new accessibility guidelines to ensure inclusivity is always embraced. Businesses need to stay on top of maintaining compliance.

What Is the Americans with Disabilities Act (ADA)?

The Americans with Disabilities Act, otherwise known as the ADA, has been in effect since 1990, making it significantly older than the EAA legislation. The ADA is a civil rights law created in the United States of America prohibiting discrimination against individuals with disabilities in every aspect of public life. This includes:

Employment – Forbids discrimination in employment practices.
Public Services – Makes sure people with disabilities have equal access to public services.
Public Accommodations – Requires businesses and nonprofit organisations that serve the public to make accommodations for individuals with disabilities.
Telecommunications – Requires telephone and television companies to offer services for people with hearing and speech impairments.
Miscellaneous Provisions – Includes various provisions, such as that for retaliation.

The ADA doesn’t mention Web Content Accessibility Guidelines (WCAG), but these guidelines have become the standard for digital accessibility under the ADA. Courts have frequently referenced WCAG 2.0 and 2.1 in ADA-related rulings, particularly WCAG 2.1 Level AA requirements. As such, businesses striving for ADA compliance typically utilise WCAG as a standard to ensure that their digital platforms meet accessibility standards.

In spite of this, the ADA’s lack of specific, detailed regulations for digital accessibility has sparked uncertainty for some businesses. In 2023, the Department of Justice (DOJ) published a Notice of Proposed Rulemaking (NPRM), which could provide more specific guidance on how digital accessibility should be implemented under the ADA. However, as of now, the DOJ has not set a firm timeline for finalising these regulations. As a result, businesses must rely on existing court rulings, guidelines, and industry standards (such as WCAG) to determine their compliance with the ADA.

What Is the Impact of the ADA?

This key piece of legislation has been integral in promoting equality for those with disabilities in America. So far, it has:

Increased accessibility

The biggest effect the ADA has had is in increasing accessibility by ensuring that aspects of life like public spaces, transportation, and more are inclusive, which means people with disabilities can fully participate in society. This has given people greater independence and slashed barriers which may have previously been a problem.

Driven economic growth

Like the EAA, the ADA has also worked to drive economic growth, generating opportunities for individuals with disabilities to enter the workforce and boost their financial independence. This has allowed more people to contribute to the economy.

Comparing the EAA and the ADA

The EAA and ADA share a few similarities. While they target differing locations, both pieces of legislation aim to promote digital accessibility as a global movement. This is gaining momentum in countries worldwide and shows no signs of slowing down!

Furthermore, both the EAA and ADA depend on WCAG as the foundation for accessibility standards. WCAG offers a detailed set of regulations for making digital content accessible, ensuring that websites and applications are compatible with the required assistive technologies.

In addition, both pieces of legislation primely focus on user-centric accessibility. What this means is that the main objective is to improve the user experience for everyone – including those with disabilities. This effort is more than just about avoiding fines; it’s about creating digital experiences that are inclusive and engaging, which can lead to a whole host of benefits for both users and organisations.

While both the EAA and ADA have been beneficial in improving accessibility for individuals with disabilities, they still boast a few differences (aside from the obvious location difference!).

While the EAA has a specific deadline for businesses to comply within a set period, the ADA imposes an ongoing obligation on companies to make sure their digital platforms are accessible. What this

really means is that companies have no fixed deadline by which they must become compliant. Instead, they have to continuously monitor and boost accessibility, offering a more flexible and long-term approach.

EAA and ADA: Key Takeaways

So, there you have it. What can we take away from what we’ve learned about the EAA and the ADA?

The EAA and ADA are influential on a global scale – not just in their own regions. By adhering to the guidelines set out in these pieces of legislation, companies can avoid legal issues, as well as create user-friendly digital experiences that can benefit all. Accessibility now creates the opportunity to get ahead of the competition, reach and retain a broader audience, and boost customer engagement. It’s certainly a factor to consider when trying to achieve success in a global marketplace!

Don’t wait until the deadline to be compliant. Leverage SiteBeacon to work towards a more accessible and inclusive digital presence today. Contact us with any questions you may have.

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