Accessibility is more than a legal requirement. It is a matter of ethics, inclusion, and long-term business success. Despite increased awareness and regulation, digital barriers continue to affect millions. This article examines the importance of accessibility, where it still falls short, and how initiatives like the European Accessibility Act aim to close the gap.
Part 2 of 2: The Role of Legislation and the Cost of Inaccessibility
Intro Paragraph:
While accessibility is now a legal obligation in many regions, policy alone does not close the gap. The European Accessibility Act and similar regulations mark vital progress, but inaccessible digital services are still a daily reality for millions. At the same time, companies that fail to prioritize accessibility increase their exposure to legal and brand-related risks. This article examines how regulation connects with business strategy and why accessibility should be recognized as a driver of innovation and equity.
The European Accessibility Act: A Step Forward, but Not Enough
As digital accessibility becomes regulated worldwide through laws like the European Accessibility Act (2025), the UN Convention on the Rights of Persons with Disabilities (2006), and the Americans with Disabilities Act (1990), the most widely referenced technical standard is the Web Content Accessibility Guidelines (WCAG).
Many countries have aligned with WCAG 2.1 AA:
E.g., the EU Web Accessibility Directive covers public sector websites and apps, with the European Accessibility Act extending requirements to the private sector by 2025. The UK enforces similar rules under the Public Sector Bodies Accessibility Regulations and the Equality Act. In Canada, the Accessible Canada Act and AODA apply to public and some private organizations. Australia, India, Japan, New Zealand, and Brazil reference WCAG in national laws or policies.
The European Accessibility Act (EAA), coming into effect in June 2025, aims to address the long-standing neglect of digital accessibility. It is designed to ensure equal access to essential digital services for around 1.3 billion people, which is roughly 16 percent of the global population living with disabilities. This user group continues to grow, as age-related disabilities rise with the demographic shift toward an increasingly older population. Yet despite its significance, the EAA still leaves notable gaps.
The EAA applies primarily to products and services offered to the public. Covered areas include e-commerce platforms, banking services, transport apps, telecommunications, ATMs and ticket machines, eBooks and reading software, and customer-facing websites and mobile applications. These services are expected to meet accessibility requirements to ensure that users with disabilities can access them independently and effectively.
However, the law does not apply to microenterprises (fewer than 10 employees and under €2 million in annual turnover) or to purely B2B (business-to-business) applications, especially when used internally and not as part of a public-facing service.
Despite these exemptions, workplace tools that support public services or are included in public procurement processes may still fall under accessibility requirements through other regulations, such as EN 301 549. This means that while many internal digital workplace applications are technically exempt under the EAA, accessibility may still be expected or required in practice, particularly in government contracts or inclusive hiring initiatives.
As a result, many widely used digital tools, including internal B2B platforms, personal blogs, and popular consumer-facing services like video streaming apps, are not legally required to meet accessibility standards. This leaves significant parts of the digital landscape, including many workplace environments, potentially inaccessible to disabled users.
It’s concerning that, even with such a significant legislative milestone, entire categories of widely used digital services remain untouched. How can we speak of digital equality when so many everyday platforms are excluded from the requirements? For instance, Netflix, one of the world’s most dominant streaming platforms, with over 301 million global subscribers by the end of 2024 and accounting for 21 percent of the U.S. streaming market share, is not mandated to meet accessibility standards under the European Accessibility Act (EAA). This omission leaves a substantial portion of the population, including individuals with disabilities, without guaranteed access to one of the most prevalent forms of digital entertainment.4
While Netflix is required under the EU’s Audiovisual Media Services Directive (AVMSD) to provide accessibility features like subtitles and audio descriptions, the situation in the US was already addressed earlier through legal action.
In 2012, Netflix settled a class action lawsuit over ADA violations after failing to provide captions for all videos. Since then, it has committed to offering captions or subtitles on all streaming content. Within the EU, Netflix is also required to provide subtitles and other accessibility features under the Audiovisual Media Services Directive (AVMSD), which obliges streaming providers to take gradual measures to make their content accessible - primarily through subtitles for the deaf and hard of hearing, audio descriptions for blind or low-vision users, and, where feasible, sign language interpretation.
While streaming platforms have made progress, hardware shows even greater promise. Samsung leads in smart TV accessibility with movable captions, zoomable sign language windows, and customizable color schemes. Still, accessibility across TV brands remains inconsistent, with many lacking screen reader support, focus indicators, and unified feature implementation. As a result, access often depends on the TV model or operating system, leaving many disabled users without reliable access.5
Even for companies not legally required to comply, accessibility should be embraced as both a social responsibility and a powerful competitive advantage. Rather than viewing it as a regulatory burden, it’s an opportunity to create more inclusive, user-friendly digital experiences that benefit everyone and strengthen brand trust in the process.
The High Cost of Ignoring Digital Accessibility
Organizations that overlook digital accessibility face growing financial, legal, and reputational risks. As reported by Forbes, non-compliance with standards such as WCAG, the ADA, and the European Accessibility Act (EAA) can lead to expensive lawsuits and penalties. Retrofitting accessibility after launch also results in technical debt, making it far more costly than integrating inclusive design from the start. Meanwhile, users excluded by inaccessible digital experiences are more likely to disengage, damaging customer loyalty and trust.
According to Level Access, digital ADA lawsuits surged in 2023, with 84% directed at the e-commerce sector. The education sector became the third most frequently targeted industry - overtaking travel, healthcare, and entertainment. This trend highlights not only a legal challenge but a lack of awareness around compliance and the limitations of relying solely on automated tools.6
Recent cases, such as the KitchenAid lawsuit in early 2023, is another example of the exponential rise of website accessibility laswsuits: inaccessible websites are being challenged even when physical alternatives exist. Plaintiffs argue that being forced to visit stores due to inaccessible online platforms constitutes discrimination, reflecting evolving expectations for digital equity.7
Beyond compliance, there’s a compelling business case for accessibility: according to the WHO, approximately 16% of the global population (1.3 billion people, or 1 in 6 of us) experience significant disabilities, representing a substantial and often underserved market with considerable purchasing power.8 This should make us reflect and rethink how we approach accessibility in practice.
Accessibility must be understood as a core part of digital quality. It requires thoughtful collaboration, user empathy, and a clear commitment across all roles involved in creating digital products. As legal requirements evolve, so too should our design and development practices. When accessibility is considered from the very beginning, the result is a better, more inclusive experience for everyone.
In the next article, we’ll look at how Gen Z is influencing accessibility through their expectations, habits, and digital values and what this means for the future of inclusive design.
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[4] https://www.levelaccess.com/blog/title-iii-lawsuits-10-big-companies-sued-over-website-accessibility
[5] https://www.boia.org/blog/are-smart-tvs-accessible-for-people-with-disabilities
[6] https://www.levelaccess.com/blog/title-iii-lawsuits-10-big-companies-sued-over-website-accessibility
[8] https://www.who.int/news-room/fact-sheets/detail/disability-and-health
