Meet ADA & EAA Compliance Requirements for Small Businesses

The EU Accessibility Act came into force on June 28, 2025, in all member states of the European Union. Within its scope fall websites, apps, platforms, and a wide range of digital products and services. From the alternative text on images and color contrast requirements that improve readability for visually impaired individuals to captions on all videos on the website to ensure inclusivity for people with hearing disabilities, the EU Accessibility Act 2025 introduces clear EAA compliance requirements for SMEs and all companies looking to do business in the common market.

While Web Content Accessibility Guidelines 2.0 were put in place in 2008, radical changes to HTML standards and continuous browser and application developments required constant updates to keep providing clear benefits for people with disabilities. The EU has adopted all principles outlined in WCAG 2.1 and requires EAA compliance of all small businesses in its member states to align with WCAG 2.1 Level AA standards.

Accessibility automation utilizes the latest software solutions to deliver constant, in-depth evaluation of how inclusive, welcoming, and accessible your website or platform is. With a state-of-the-art deep scanner that works 24/7 to detect issues, an expert-led accessibility audit that provides instant feedback, and an AI-powered widget for all CMS platforms, includeUs has the tools you need to address the UK’s Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018, EAA, and ADA compliance for small businesses and aid you in implementing best practices.

Released in October of 2023, WCAG 2.2 brings a new set of technical accessibility requirements for SMEs on the internet. While there is no set timeline for implementation in the EU, WCAG 2.2 is moving through the regulatory framework and is on its way to formal recognition. The latest recommendations that will one day find their way on the list of ADA and EAA requirements for small businesses include:

• Focus Not Obscured – All items in keyboard focus must be at least partially visible.
• Dragging Movements – Option to complete mouse-dragging actions using a simple pointer alternative.
• Target Size – Clearly defines pointer size and spacing requirements.
• Consistent Help – Help resources must appear in the same place on multiple web pages.
• Redundant Entry – Users are spared from reentering previously provided user information during the same process.
• Accessible Authentication – An alternative mechanism for the user login process should be available.

Both the EAA (European Accessibility Act) and ADA (Americans with Disabilities Act) are legislative frameworks that mandate equal access for individuals with disabilities in the EU and the US, respectively. These acts define who must comply, what must be accessible, and set clear guidelines for ADA and EAA website compliance for a small business.

On the other hand, WCAG is a technical standard developed by the World Wide Web Consortium (W3C), which is an international organization instead of a government one. While not a law itself, WCAG is frequently referenced as a benchmark in frameworks dealing with ADA and EAA compliance requirements for small businesses.

Yes, both the ADA and EAA apply to private companies that offer goods or services to the public. Under ADA Title III, U.S. businesses considered “places of public accommodation”, such as retailers, service providers, and restaurants, have to ensure their facilities and digital platforms are accessible. Similarly, the same compliance requirements extend to all entities operating in the private sector within the EU common market, including e-commerce, banking, telecommunication, and EAA compliance requirements for SMEs

Yes, small businesses are subject to both EAA and ADA accessibility requirements. In the U.S., ADA Title III applies to all public-facing businesses, even sole proprietors. In the EU, on the other hand, the EAA requirements for small businesses apply to organizations above a certain size threshold. While microenterprises may be exempt from some digital accessibility obligations, most SMEs are still expected to make reasonable efforts to ensure access for individuals with disabilities.

The list of exemptions is narrow, and most SMEs offering their wares to the public have to comply. That being said, certain limited exemptions from ADA requirements for small businesses exist, and they include:

• Religious organizations: Entities controlled by religious groups are generally exempt from all ADA requirements.
• Private clubs: Membership-only clubs that are not open to the general public are exempt from provisions outlined in ADA Title III.
• Undue burden: If accessibility changes would impose a significant difficulty or expense, an organization may qualify for partial exemption. However, keep in mind that the business in question will still need to pursue alternative means of access when and if feasible.

Failing to comply with ADA requirements for small businesses exposes your organization to significant risks, including:

• Legal action: Non-compliance can result in expensive lawsuits, penalties, and court-mandated corrective actions.
• Financial costs: Legal fees, settlement costs, and retroactive remediation can prove extremely costly.
• Reputational damage: Accessibility lawsuits and bad online word-of-mouth often draw the wrong kind of attention, potentially harming your brand identity and reputation.
• Lost opportunities: Inaccessible services limit market reach and exclude millions of potential customers.

Beyond adhering to ADA for a small business, ensuring full accessibility fosters trust, inclusion, and long-term customer loyalty.

In short, yes. While ADA Title I, which governs employment, only applies to businesses with 15 or more employees, Title III applies to all businesses that serve the public, regardless of staff size (excluding those mentioned in the previous answer). This means that even sole proprietors and very small operations must ensure that their digital services and web presentation adhere to ADA compliance for a small business.

If you’re a small business operating in the United States, the United Kingdom, or the European Union, you are well aware that smart moves can propel you forward, just as indecisiveness and bad decision-making can leave you playing catch-up or worse.

includeUs offers a scrupulous, automated, and affordable way to detect accessibility issues and meet UK’s Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018, ADA, and EAA requirements for small businesses to limit the risks of costly lawsuits, create a user-friendly digital space, and give all interested parties easy access to all your products and services. Don’t let regulatory issues stop your business in its tracks – partner with the leaders in ADA and EAA compliance for small businesses today!