Yes, the European Accessibility Act (EAA) can potentially apply to United States companies if they act as an economic operator who manufactures, imports, or distributes products or provides services inside the European Union.
Let’s analyze this further.
The EAA is a directive of the European Union that sets accessibility requirements for a range of products and services to improve access for persons with disabilities. While the EAA is EU legislation, it does not exclusively apply to EU-based companies. Under certain conditions, United States companies—along with companies based in any non-EU country—can be subject to EAA compliance obligations.
Reach of the EAA
The EAA applies to all economic operators offering products or services on the EU market. This includes:
- Manufacturers
- Importers
- Distributors
- Service Providers
Any company that sells into or operates within the European Union, regardless of where it is headquartered, must comply with the EAA if their products or services fall under its scope. This includes U.S. companies that:
- Manufacture or distribute products destined for the EU market
- Offer digital services used within the EU (e.g., websites, mobile apps, e-commerce platforms)
- Providing services accessible from the EU
This means that a U.S. company without a physical EU presence could still be required to comply with the EAA if its services are made available to EU consumers or its products are sold in EU member states.
Examples of EAA-Covered Scenarios for U.S. Businesses
U.S. companies may need to comply with the EAA if they:
- Sell digital products or services (e.g., e-books, streaming platforms, banking apps) that are accessible to EU consumers
- Provide self-service terminals or payment kiosks deployed in the EU
- Serve as manufacturers or importers of hardware such as ATMs, point-of-sale terminals, or smart devices used in the EU
- Supply software integrated into consumer-facing devices marketed in the EU
- Operate a customer support system accessible from the EU
Legal Basis
The EAA does not restrict its application to companies domiciled in the EU. Instead, it looks to the placement of products or provision of services in the EU market. This includes cross-border service provision and e-commerce.
Additionally, the Directive requires that the following entities maintain compliance obligations:
Here are all four economic operator obligations with two bullets each:
For Manufacturers:
- Draw up technical documentation, affix CE markings, and ensure conformity assessment before placing products on the EU market
- Provide accessible instructions, safety information, and maintain documentation available to authorities upon request
For Importers:
- Verify manufacturer compliance with conformity assessment procedures and ensure products bear CE markings and required documentation
- Maintain copies of EU declarations of conformity and make technical documentation available to authorities upon request
For Distributors:
- Verify products have proper CE markings and required documentation before making them available on the market
- Report non-compliance issues to manufacturers or importers and cooperate with authorities on corrective actions
For Service Providers:
- Ensure services meet accessibility requirements according to EAA standards and provide required documentation under Annex V
- Make all service information and customer-facing materials available in accessible formats for persons with disabilities
Implications for U.S. Companies
If a U.S. company is subject to the EAA, it may need to:
- Assess product or service accessibility against EAA requirements and EN 301 549
- Maintain technical documentation and declarations of conformity
- Ensure all relevant customer-facing materials (e.g., instructions, support channels) meet accessibility standards
- Provide documentation to EU authorities upon request
- Design and test for accessibility from the outset of product or service development
Summary
European Accessibility Act compliance is mandatory not based on where a company’s headquarters are located, but rather where its products and services are offered. U.S. companies engaging with the EU market must evaluate their exposure to EAA requirements and take appropriate steps to ensure compliance.
Do you need help with EAA compliance? We’re happy to help. Just send us a message and we’ll be right back with you.
