WAD vs EAA: What's the Difference?

Europe has two major pieces of accessibility legislation, and they're easy to confuse. The Web Accessibility Directive (WAD) has been in force since 2016. The European Accessibility Act (EAA) became enforceable in 2025. They share the same technical standard but target completely different organisations.

This guide breaks down the differences, explains where they overlap, and tells you what to do if both apply to your organisation.

The Web Accessibility Directive (WAD)

The WAD (Directive 2016/2102) was adopted in October 2016 and became enforceable in stages between September 2019 and June 2021. It applies exclusively to public sector bodies - government websites, public universities, state-run healthcare portals, public libraries, and similar organisations.

What the WAD requires

• - All public sector websites must conform to **EN 301 549**, which maps to WCAG 2.1 Level AA for web content
• - Public sector mobile applications must also be accessible
• - Every covered website must publish a detailed **accessibility statement** explaining compliance status, known issues, and a feedback mechanism
• - Member states must monitor compliance and report to the European Commission every three years

WAD timeline

• - **September 2018** - transposition deadline for member states
• - **September 2019** - new public sector websites must comply
• - **September 2020** - existing public sector websites must comply
• - **June 2021** - public sector mobile apps must comply

The WAD has been fully enforceable for years. Most EU countries have monitoring bodies actively checking public sector websites and publishing compliance reports.

WAD exemptions

The WAD exempts:

• - Public broadcasters and their subsidiaries
• - NGOs that don't provide essential public services
• - Pre-recorded time-based media published before September 2020
• - Office file formats published before September 2018
• - Online maps (though accessible alternatives must be provided for essential navigation information)
• - Third-party content not funded or controlled by the public sector body
• - Content of extranets and intranets published before September 2019 (until substantially revised)

The European Accessibility Act (EAA)

The EAA (Directive 2019/882) was adopted in April 2019 and became enforceable on June 28, 2025. Unlike the WAD, it targets the private sector - specifically businesses that provide covered products and services to consumers.

What the EAA covers

The EAA covers specific product and service categories:

• - **E-commerce** - online stores selling to consumers
• - **Banking and financial services** - online banking, payment platforms
• - **Telecommunications** - phone, internet, messaging services
• - **Transport services** - booking and ticketing for air, bus, rail, and waterborne transport
• - **Audiovisual media services** - streaming platforms, video on demand
• - **E-books** - digital publishing platforms
• - **Hardware products** - computers, smartphones, self-service terminals, e-readers

For a full breakdown, see our guide on whether the EAA applies to your business.

EAA technical standard

Like the WAD, the EAA references EN 301 549 as its harmonised standard. For web content, this means WCAG 2.1 Level AA. For non-web digital content (apps, documents, software), EN 301 549 adds requirements beyond WCAG. Read our detailed comparison of WCAG vs EN 301 549.

EAA exemptions

The EAA exempts:

• - **Microenterprises** providing services (fewer than 10 employees and under two million euros turnover) - see our [microenterprise exemption guide](/blog/eaa-microenterprise-exemption)
• - Services where compliance would require a **disproportionate burden** (must be documented and reported)
• - Products already on the market before June 28, 2025 (but services using those products must still be accessible)

Key differences at a glance

| | WAD | EAA | |---|---|---| | Adopted | 2016 | 2019 | | Enforceable | 2019-2021 (staged) | June 28, 2025 | | Target | Public sector | Private sector | | Scope | Websites and mobile apps | Products and services (broader) | | Technical standard | EN 301 549 | EN 301 549 | | Accessibility statement | Mandatory (specific format) | Required in most member states | | Microenterprise exemption | No | Yes (services only) | | Monitoring | Centralised national monitoring | Market surveillance | | Penalties | Varies by country | Varies by country |

Same standard, different scope

The most important thing to understand is that both directives point to the same technical standard: EN 301 549. For web content, that means WCAG 2.1 Level AA in both cases.

The difference is who must comply:

• - **WAD** - public sector organisations (government, state-funded bodies, public universities)
• - **EAA** - private sector businesses providing covered products and services

This means the technical work is the same. If you've achieved WCAG 2.1 AA conformance for one directive, you've met the web content requirements for both. The compliance overhead (statements, monitoring, documentation) differs, but the actual accessibility fixes are identical.

When both apply

In some cases, both directives apply to the same organisation. This happens when:

Public-private partnerships

A public sector body that also provides commercial services may need to comply with both. For example, a state-owned bank that serves consumers must meet the WAD for its public sector functions and the EAA for its banking services.

Public sector organisations providing covered services

A public university that runs an e-commerce store (selling merchandise, course materials, or event tickets) would need WAD compliance for its main website and EAA compliance for its commercial activities.

Organisations receiving public funding

Some member states have interpreted "public sector body" broadly. If your organisation receives significant public funding, the WAD might apply alongside any EAA obligations.

What to do when both apply

Since both directives reference EN 301 549, meeting the technical requirements for one satisfies the other. Focus on:

• **Meeting WCAG 2.1 Level AA** across all your web content
• **Publishing accessibility statements** that satisfy both directives (the WAD has a more specific format requirement)
• **Setting up feedback mechanisms** required by the WAD
• **Documenting compliance** for both sets of enforcement bodies

How enforcement differs

WAD enforcement

Each member state designates a monitoring body that proactively checks public sector websites for compliance. These bodies publish reports, and the European Commission reviews them. Enforcement is more collaborative than punitive - monitoring bodies typically work with public sector organisations to improve compliance rather than immediately imposing fines.

EAA enforcement

The EAA uses market surveillance - the same enforcement mechanism used for product safety. Enforcement authorities respond to complaints and conduct spot checks. Penalties vary significantly by country and can include fines up to one million euros (Spain), criminal liability (Ireland), or percentage-of-turnover penalties (Netherlands).

EAA enforcement is expected to be more aggressive than WAD enforcement because it uses established consumer protection mechanisms rather than the more advisory approach typical of WAD monitoring.

The bigger picture

Together, the WAD and EAA create comprehensive accessibility coverage across Europe:

• - The WAD ensures government digital services are accessible (since 2019-2021)
• - The EAA ensures private sector digital products and services are accessible (since 2025)
• - Both reference the same standard, creating consistency
• - By 2030, when the EAA's transition period for existing services ends, virtually every digital service in the EU will be required to be accessible

How to check your obligations

If you're unsure which legislation applies to you:

• **Public sector organisation?** The WAD almost certainly applies. Check with your national monitoring body.
• **Private sector business?** Use our [EAA Scope Checker](/tools/eaa-scope-checker) to determine if the EAA applies.
• **Both?** Meet WCAG 2.1 Level AA, publish statements for both frameworks, and document your compliance efforts.

Regardless of which directive applies, start with an accessibility scan to understand your current status. Lumi's multi-engine scanner checks against WCAG 2.1 and 2.2 criteria, covering the requirements for both the WAD and the EAA.