A Turning Point for Digital Inclusion

Introduction

On 28 June 2025, the European Accessibility Act (EAA) formally came into effect—ushering in a transformative era for digital inclusivity across the European Union. Gone are the days when businesses could view web accessibility as optional. Now, private- and public-facing digital services must conform to strict accessibility standards—or face legal, financial, and reputational consequences. This investigative report examines the law’s provisions, the scale of the existing accessibility deficit, and concrete examples of sites that have previously failed—and remain at risk.

1. What the EAA Requires

The EAA is a harmonised EU directive mandating that a wide range of products and services, including websites, mobile apps, digital documents, and even self-service terminals, meet accessibility standards set by the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA (TechRadar, Siteimprove).

Crucially, the law is extraterritorial: any business offering digital products or services to EU consumers—regardless of where it’s headquartered—must now comply (Alokai). The EAA came into force on 28 June 2025, with a transition period for preexisting products—but enforcement and compliance are now expected in full (Pinsent Masons). The law also extends beyond the digital interface to include training, accessible documentation, and customer support (National Law Review, TechRadar).

2. The Depth of the Accessibility Crisis

Despite years of conversations around digital inclusion, compliance remains shockingly low:

• A Craftzing analysis of over 260,000 European homepages found that 94% failed at least one WCAG test, with 71% failing colour contrast requirements and 33% missing alternative text for images (craftzing.com, Techzine Global).

• Another study of the top one million websites globally found that 95% had detectable WCAG failures, notably low contrast (81%) and missing alt-text (54%) (David Sayce).

• A broader global study referenced by TechRadar noted 97% of leading websites currently fail to meet accessibility standards (TechRadar).

• A recent Medium article similarly notes that over 70% of websites would fail a basic accessibility audit, citing issues like unreadable text, missing image descriptions, and inaccessible forms (Medium).

These findings underscore that the EAA isn’t just a policy shift—but a wake-up call to an industry overwhelmingly unprepared for enforceable accessibility standards (TechRadar).

3. Real-World Examples of Failure

While the EU examples primarily consist of aggregated data rather than named websites, international cases highlight common pitfalls. Some well-known brands and platforms have repeatedly failed on basic WCAG criteria:

• Air Choice One (US airline): Their site lacks focus indicators when navigating via keyboard—making it inaccessible to users who rely on keyboard navigation (whoisaccessible.com).

• New York Magazine: Omitted alt-text for images, denying visually impaired readers access to essential content (whoisaccessible.com).

• CBS Miami: Fails on multiple fronts—missing alt-text, poor contrast, keyboard traps, and lack of interfaces compatible with assistive tech (whoisaccessible.com).

• User overlays and AI-generated tools: AI-based solutions like overlays (for example, used on Zara’s site via EqualWeb) have proven unreliable. They often misinterpret content or slow screen-reader navigation, and regulatory bodies warn such solutions cannot replace proper manual remediation (Financial Times).

• AccessiBe: A well-known accessibility overlay provider has been legally challenged. In January 2025, the U.S. FTC fined AccessiBe US $1 million for misrepresenting its software as a full compliance solution (Wikipedia).

These examples illustrate two critical truths: first, accessibility failures frequently stem from core design and structural issues—not just superficial adjustments; second, attempts to “bolt on” accessibility via automated overlays not only fail to comply, they can worsen usability and mask the real problem.

4. Risks and Consequences Under the EAA

With the EAA now enforceable, businesses face escalating risks:

• Financial penalties: Some sources report fines ranging €5,000–€20,000 per violation (TechRadar). Others warn national penalties may reach up to €500,000, varying by country (Alokai).

• Market access limitations: Non-compliant businesses may be restricted from selling services in the EU, particularly if they rely on pre-2025 products that aren't updated (Pinsent Masons).

• Legal actions: Although most litigation has occurred under the Americans with Disabilities Act (ADA) so far, rising enforcement in the EU suggests lawsuits and demand letters are likely to increase (Financial Times, TechRadar).

• Reputational damage: Excluding over 135 million EU residents with disabilities is both ethically—and commercially—damaging (TechRadar).

5. Regulatory and Technical Underpinnings

Beyond WCAG, the European harmonised standard EN 301 549 v3.2.1 provides technical criteria for ICT products and services—including digital interfaces (Digital Strategy). Overlay tools that wrap accessibility features on top of non-compliant websites are explicitly not considered adequate by EU standards (Financial Times).

6. Best Practices and a Path Forward

What should businesses do now?

• Conduct comprehensive audits using both automated tools (e.g., Lighthouse, Axe) and manual testing—including with users relying on assistive technologies (National Law Review, TechRadar).

• Fix root causes: Address low contrast, missing alt-text, keyboard navigation, form labeling, and semantic structure—rather than relying on overlay quick fixes (Recite Me).

• Train staff: Embed accessibility in your design and development process with ongoing training for designers, developers, content creators, and compliance teams (TechRadar).

• Update documentation and customer support: Ensure product manuals, packaging, and support channels (including chatbots and helplines) are accessible (National Law Review).

• Use future-proof infrastructure: Tools like headless CMSs can facilitate consistent accessibility practices across platforms (TechRadar).

• Engage in ongoing monitoring: Accessibility is not a one-time fix. Regular reviews, user feedback, and updates are essential (TechRadar).

Conclusion

The European Accessibility Act, now in force, marks a significant shift in digital policy and practice across the EU. Businesses—both inside and outside the EU—face clear legal, financial, and ethical imperatives to make websites, apps, and digital services accessible to all.

As the grim statistics reveal, most digital platforms today fall short of basic standards. But the law now says that is no longer acceptable. The writing is on the wall—or rather, on the web itself: inclusive design is not an optional add-on—it’s a fundamental business requirement.

By learning from previous failures (from branded media platforms to reliance on faulty overlays), organisations can pivot toward remediation, recovery, and lead the way in digital equity.

🟦 Key EU Law and Official Sources

1. European Accessibility Act (EAA) Overview – EU Digital Strategy
   🔗 https://digital-strategy.ec.europa.eu/en/policies/european-accessibility-act

2. Web Accessibility Standards – EU Digital Strategy
   🔗 https://digital-strategy.ec.europa.eu/en/policies/web-accessibility

3. EN 301 549 – Harmonised EU Accessibility Standard for ICT
   🔗 https://www.etsi.org/deliver/etsi_en/301500_301599/301549/03.02.01_60/en_301549v030201p.pdf

4. European Accessibility Act Explained (National Law Review)
   🔗 https://www.natlawreview.com/article/european-accessibility-act-compliance-what-businesses-eu-market-need-know

5. Pinsent Masons: The EAA as a Wake-Up Call for Businesses
   🔗 https://www.pinsentmasons.com/out-law/news/eu-accessibility-act-wake-up-call-business

🟦 Accessibility Statistics and Failure Rates

6. Craftzing: 94% of European Websites Fail Accessibility Standards
   🔗 https://www.craftzing.com/what-we-think/insights/94-of-european-websites-are-inaccessible-to-people-with-disabilities

7. Techzine: European Websites Failing WCAG Tests
   🔗 https://www.techzine.eu/news/privacy-compliance/121654/almost-all-european-web-sites-fail-accessibility-test/

8. TechRadar Pro: 97% of Websites Are Not Accessible
   🔗 https://www.techradar.com/pro/what-is-the-european-accessibility-act-and-why-does-it-matter-for-business-websites-of-all-sizes

9. DSayce: Digital Accessibility Compliance for Firms
   🔗 https://www.dsayce.com/accessibility/european-accessibility-act-digital-accessibility-compliance-for-professional-services-firms/

10. Qream Design (Medium): Why 70% of Websites Fail Accessibility
    🔗 https://medium.com/qream-design/70-of-websites-are-about-to-fail-the-european-accessibility-test-and-heres-why-129ee67b643c

🟦 Real Examples of Website Failures

11. WhoIsAccessible – Analysis of Accessible and Inaccessible Websites
    🔗 https://www.whoisaccessible.com/guidelines/inspection-of-a-few-ada-compliant-websites-and-some-that-are-not/

12. Zara and EqualWeb AI Overlay Failures (Financial Times)
    🔗 https://www.ft.com/content/3c877c55-b698-43da-a222-8ae183f53078

13. AccessiBe Criticism and FTC Action (Wikipedia Summary)
    🔗 https://en.wikipedia.org/wiki/AccessiBe

🟦 Best Practice and Remediation Advice

14. ReciteMe: Common WCAG Failures on Websites
    🔗 https://reciteme.com/news/6-most-common-wcag-failures/

15. Siteimprove: What You Need to Know About EU Web Accessibility
    🔗 https://www.siteimprove.com/blog/web-accessibility-standards-eu/

16. Alokai: What the European Accessibility Act Means for Digital Products
    🔗 https://alokai.com/blog/european-accessibility-act-2025