The European Accessibility Act: Implications for US healthcare
By: Stephanie Bach
The European Accessibility Act (EAA) mandates that specified digital products and services in the European Union (EU) must be accessible to people with disabilities. Building on previous directives, the EAA aims to standardize accessibility requirements across the EU, reducing costs and promoting cross-border commerce. The requirements for products and service providers will take effect on June 28, 2025. After this deadline, non-compliance can result in fines and penalties, including imprisonment.*1
While the EAA does not provide specific technical standards for accessibility, compliance is expected by adhering to other accessibility standards, particularly the European Standard EN 301 549: Accessibility Requirements for ICT Products and Services.*3
The EAA covers a wide range of hardware, software, and services related to communication, commerce, finance, education and transportation. These include but may not be limited to:
● Websites and mobile apps
● Computers and operating systems
● Smartphones
● Self-service devices such as ATMs and ticketing machines
● E-books and e-readers
● E-commerce experiences
● Communication technology and equipment
● Banking services
● Passenger transport services
● Audiovisual media services, including broadcast and digital TV and related equipment*2
This is promising news for people with disabilities in the EU, particularly those with limited access to healthcare services. However, compliance will be challenging for many organizations, especially those that have not prioritized accessibility. Companies must quickly develop a roadmap to assess and improve the accessibility of their digital tools and applications. This roadmap should include prioritization, product revisions, testing, documentation, and ongoing monitoring to ensure consistent compliance. While the cost of compliance is significant, the penalties for non-compliance could be catastrophic, especially for smaller organizations.
Implications for US companies
Many US companies already follow WCAG standards for web accessibility, partly due to HIPAA requirements which include plain language standards for health literacy. (Plain language is a standard for federal government services in the United States; it is also an ISO standard (ISO 24495–1:2023).
However, there are many reasons why US companies should also follow accessibility standards:
- Providers and partners will require it: Accessibility standards will increasingly influence vendor procurement requirements, tool validation, and service provision. Non-compliance could result in lost business.
- Legal requirements: Trends originating in the EU often lead to similar regulations in the US. Accessibility standards are likely to become law in the near future.
- Ethical obligation: Beyond legal and business considerations, there is a moral imperative for businesses to serve all customers and promote inclusivity.
The importance of accessibility in healthcare
Disability affects 1 billion people worldwide, including approximately 13 million in the United States.*4 If healthcare companies do not meet accessibility standards, their potential customer base could be reduced by 13%. Moreover, people with disabilities often incur higher healthcare costs over their lifetimes. By providing accessible information and tools, healthcare providers can help reduce these costs by enabling better self-care and informed health decisions.
Improving health literacy can also have significant benefits. According to the Centers for Disease Control and Prevention (CDC), individuals with low health literacy are more likely to use emergency services and be hospitalized. Enhancing health literacy empowers people to make informed decisions and engage more actively in their care.*5 A study published in the Journal of Health Communication found that higher health literacy levels are associated with healthier behaviors and better management of chronic conditions, leading to improved health outcomes and reduced healthcare costs.*6
Predictive analytics and accessibility
Accurate predictive analytics can help healthcare companies make better business decisions by supporting demand forecasting, identifying risks and opportunities, and improving operations. Improved customer segmentation and targeting through predictive analytics can lead to personalized marketing campaigns, increasing customer engagement, loyalty, and lifetime value.
Trends in the EU
Trends in the EU often influence global practices, including those in the US. The EU has been at the forefront of adopting new healthcare technologies such as electronic health records, telemedicine, and AI-powered diagnostic tools. These innovations often gain traction in the EU first and gradually spread to the US healthcare system. As EU patients demand more personalized, patient-centric care, similar expectations may arise in the US, driving the adoption of new technologies and care models. Regulatory changes in the EU can also inspire similar initiatives in the US, aiming to maintain global competitiveness. This suggests that regulatory changes for accessibility may arrive in the US sooner rather than later.
The cost of non-compliance
Non-compliance with accessibility standards can have severe financial consequences. In 2023, over 4,600 ADA Title III lawsuits were filed in federal court (UsableNet). In 2021, ADA compliance violations resulted in penalties of $55–75K for the first violation and $150K for subsequent violations (SEJ). Popular streaming services like Netflix and Hulu have been sued for failing to provide audio descriptions, with courts ruling that streaming services are ‘places of public accommodation’ under the ADA (acb.org).
What’s next?
US companies have the opportunity to prepare for future compliance mandates by assessing the current state of accessibility in their digital solutions, products, and communications. Conducting a thorough audit and prioritizing assets based on usage and impact can help companies get ahead. Learning from EU experiences can inform future accessibility strategies, resource needs, and ongoing management.
Resources
1, 2: The Essential Guide to the European Accessibility Act
3: EU Accessibility — Employment, Social Affairs and Inclusion
4: World Bank Group Commitments on Disability-Inclusive Development
5: CDC
6: Journal of Health Communication
Stephanie Bach is the Director of UX at ZS, focused on championing the end user in the digital solutions space across the healthcare landscape. She focuses on successful outcomes for clients by meeting the needs of users, with a particular passion for users who are unable to champion themselves.
