Does the European Accessibility Act apply to US companies?

Yes, if you place covered products or services on the EU market — i.e. you have EU customers — regardless of where your company is based. The EAA applies based on market access, not company nationality. A US SaaS selling to EU consumers in a covered category (e-commerce, banking, telecom, e-books, transport) is on the hook. Being US-headquartered is not an exemption.

When did the EAA take effect?

The European Accessibility Act became enforceable on 28 June 2025. It's the first EU law extending digital accessibility requirements to the private sector, and enforcement has already started — French authorities issued formal notices to major retailers in late 2025. Some member states allow limited transition periods for pre-existing services, but the core obligation is live now.

What are the penalties for EAA non-compliance?

Penalties are set by each EU member state and vary, but commonly run €5,000–€20,000 per violation, with higher tiers reaching €100,000+ in some countries (France can escalate to €250,000 for repeat violations). Enforcement can also mean forced withdrawal from a national market, and complaints can be filed by consumers, advocacy groups, or competitors.

Are small companies exempt from the EAA?

Only narrowly. Microenterprises — fewer than 10 employees AND no more than €2M annual turnover — are exempt for services, but not for products. Most funded SaaS companies exceed that threshold and are fully in scope. A 'disproportionate burden' exemption exists but requires documented justification held for authorities, so it's not a casual opt-out.

Accessibility

The European Accessibility Act: Does It Apply to Your US SaaS? (2026)

Q: What standard does the EAA require?

The technical benchmark is EN 301 549, the EU's harmonized accessibility standard, which incorporates WCAG 2.1 Level AA in full for web content plus additional requirements for non-web software, documents, and hardware. Conforming to EN 301 549 grants a 'presumption of conformity' with the law, giving you a concrete, testable engineering target.

The EAA went live in June 2025 — and it applies to US companies selling to EU customers, not just European ones. Here's whether you're on the hook and what to do.

July 28, 20262 min readAccessibility

Short answer: yes, the European Accessibility Act (EAA) can absolutely apply to your US-based SaaS — it covers any business placing covered products or services on the EU market, regardless of where the company is headquartered. It became enforceable on 28 June 2025, and the benchmark is EN 301 549, which maps to WCAG 2.1 AA. If you have EU customers and you're in a covered category, "we're a US company" is not an exemption. Here's the honest read.

What the EAA Is

The EAA (Directive 2019/882) is the first EU law extending digital accessibility requirements to the private sector. Each EU member state has transposed it into national law with its own penalties and enforcement body (European Commission). It's been enforceable since 28 June 2025, and enforcement has already begun — French authorities issued formal notices to major retailers in late 2025.

Does It Apply to You?

Two questions decide it:

Do you sell to EU consumers? If EU-based customers can buy or use your product, you're likely in scope — being US-based does not exempt you.
Are you in a covered category? The EAA covers e-commerce, consumer banking and financial services, telecommunications, e-books and digital publishing, transport ticketing, and certain consumer hardware.

The main exemption: microenterprises (fewer than 10 employees *and* ≤ €2M turnover) are exempt for *services* (not products). Most funded SaaS companies don't qualify.

What "Compliant" Means

The technical benchmark is EN 301 549, the EU's harmonized standard, which incorporates WCAG 2.1 AA in full for web content plus additional requirements for non-web software, documents, and hardware. Conforming to it grants a "presumption of conformity" with the law — which is the phrase that turns a fuzzy legal obligation into a testable engineering target.

What Happens If You Ignore It

Penalties vary by member state but are real: commonly €5,000–€20,000 per violation, with higher tiers up to €100,000+ in some countries (France escalates to €250,000 for repeat violations). Beyond fines, enforcement can mean forced withdrawal from a national market, and — because this is consumer-protection law — complaints can come from users, advocacy groups, or even competitors.

What to Actually Do

Determine scope honestly — do you sell to the EU, and are you in a covered category?
Audit against EN 301 549 / WCAG 2.1 AA — a real manual audit, not an automated scan and definitely not an overlay widget (overlays don't confer conformance, and the FTC fined the biggest vendor $1M in 2025).
Remediate the real code, then publish an accessibility statement.
Keep a paper trail — a defensible record of what you tested and fixed.

The upside: the same EN 301 549 work also satisfies Canada's Accessible Canada Act (which adopted the same spec, with 2027–2028 deadlines), so one competency covers two continents of forced buyers.

We audit US SaaS products against EN 301 549 / WCAG 2.2 AA, remediate the real source, and hand you an accessibility statement and VPAT you own — see Accessibility Audit, or get a free EAA/VPAT gap read.