What the European Accessibility Act means for UK software companies
Neurodiversity Design Council
The European Accessibility Act (EAA) came into force on 28 June 2025. If you sell digital products or services to customers in the European Union, it applies to you. If you are a UK company that does not sell to the EU, it does not apply directly, but it almost certainly affects your competitive position. Here is what you need to know.
What the EAA requires
The EAA requires that products and services placed on the EU market meet accessibility requirements defined in the harmonised European standard EN 301 549. This covers websites, mobile apps, e-commerce platforms, self-service terminals, e-books, and digital banking services, among others.
The key differences from existing UK regulations:
No transition period. The Act applied from 28 June 2025. Products and services must be compliant now.
No cap on damages. Unlike UK employment tribunal awards, EAA enforcement does not have a fixed ceiling. Member states set their own penalties, and some have set them high.
Market surveillance, not complaint-driven. EU member states are required to proactively monitor compliance, not wait for complaints.
Applies to products, not just services. If you sell software that runs in the EU, the product itself must be accessible, regardless of whether you have a physical presence in any EU country.
Who is affected in the UK
Any UK company that sells digital products or services into the EU market. That includes SaaS companies with EU customers, e-commerce platforms shipping to EU addresses, digital content providers accessible in EU countries, and software companies whose products are used by EU-based organisations.
If your terms of service say you serve EU customers, or if EU-based users can sign up for your product, you are likely within scope.
What this means for neurodiversity
The EAA references EN 301 549, which in turn references WCAG 2.1 AA (with the expectation of alignment to WCAG 2.2 over time). Like WCAG itself, the focus is primarily on visual, auditory, and motor accessibility. Cognitive and neurodivergent accessibility is acknowledged but not covered in testable detail.
This creates the same gap that exists in UK law: you can be technically compliant with the EAA and still have a product that fails neurodivergent users.
However, the EAA also includes a general requirement that products be "understandable" and that instructions be "easy to understand." These broad requirements leave significant room for enforcement bodies to interpret. An EU market surveillance authority could reasonably argue that a product with extreme cognitive load or hostile error handling is not meeting the "understandable" requirement, even if it passes WCAG.
How NDC assessment helps
NDC certification provides documented, evidenced proof that your product has been assessed for neurodiversity-inclusive design by an independent body. This evidence can be:
Referenced in your conformity documentation alongside your WCAG compliance evidence
Included in procurement responses for EU public sector contracts that require EN 301 549 compliance
Used as evidence of proactive reasonable adjustments in the event of a complaint or enforcement action
Published in your accessibility statement to demonstrate that you have gone beyond the minimum requirements
Organisations that can show they have proactively addressed neurodivergent accessibility, not just waited for complaints, are in a significantly stronger position when enforcement begins.
The commercial reality
Accessibility is moving from a nice-to-have to a market access requirement. The EAA makes non-compliance a barrier to selling in the EU. UK companies that do not meet these standards will lose access to the EU market. Those that exceed them will have a competitive advantage.
The question is not whether to invest in accessibility. It is whether to do it now, on your terms, with time to get it right, or later, under pressure, after a complaint has already arrived.
The Neurodiversity Design Council is the UK's first standards body for neurodiversity-inclusive digital design. Read the full standard or submit your product for assessment.