Fair Warning, You have been warned

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Fair Warning, You have been warned

Guy Woodland

Many people have pontificated that the incoming accessibility legislation in Europe won't apply to their website because we are not part of the European Union. Well you're wrong.

The European Accessibility Act (EAA) will apply to companies operating in any country with websites and Information and Communication Technology that a EU citizen can access. So for clarity, any business that provides goods or services accessible to EU consumers must comply with the EAA. Therefore, the EAA would apply to:

Hospitality destinations such as a ski resort or hotel offering online booking to European visitors.
Ecommerce companies that sell products to EU citizens.
SaaS companies with web-based software used by EU customers.
Mobile app providers with applications available in the EU market.

Are There Any Exceptions for EAA Compliance?

The EAA makes provisions for exceptions, notably for micro businesses- defined as companies with fewer than 10 employees and an annual revenue under 2 million euros. However, all businesses are encouraged to strive for accessibility to ensure their services are inclusive and accessible to all users.

Will an Accessibility Overlay Widget Make My Website EAA Compliant?

No. Despite the incorrect claims of overlay widget providers who suggest their technology is capable of making website WCAG compliant, the EU Commission has preemptively clarified that such widgets do not provide compliance. Here they state “Claims that a website can be made fully compliant without manual intervention are not realistic, since no automated tool can cover all the WCAG 2.1 level A and AA criteria”

They actually go further and state “In addition, some overlay tools have been reported to interfere with the assistive technologies used by people with disabilities. In other words, overlay tools may make a website less accessible for some users.”

Additionally the European Disability Forum and International Association of Accessibility Professionals issued a joint statement in 2023 on accessibility overlays, concluding that “We therefore strongly advise public and private sector buyers of technology to actively engage with digital accessibility experts, persons with disabilities and their representative organisations to understand user needs and how these can be met.”

Realistically automated accessibility audits are really only a guide to accessibility. Generally it would be expected that only 30% of accessibility issues are detected.

This is the reason we use individuals who are blind or severely sight impaired who can audit your website using assistive technologies.

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