What we can learn from the US on improving digital accessibility: Jason Crispin
The European Accessibility Act became law last year, requiring digital and physical products and services to be usable by everyone, including people with disabilities and older customers.
It covers websites, apps, online banking, streaming platforms, communications, transport systems, self-service terminals, ticketing machines, computers, and operating systems.
If your business has more than 10 employees and a turnover above £2 million, compliance is mandatory. The law applies to all products and services sold in the EU, regardless of where the seller is based. For example, a UK company exporting to Germany must comply.
Fortunately, Europe can learn from the United States, where the Americans with Disabilities Act (ADA) has been in place since 1990. Over three decades of experience show that accessibility is not just a legal requirement; it’s a business advantage.
In the USA, if someone cannot use a product, they can sue. A landmark case in 2016 involved a blind customer suing a pizza chain because its website and app were inaccessible to screen readers.
The court ruled that the ADA applies to digital platforms, establishing that online businesses must provide ‘full and equal enjoyment’ for people with disabilities. This ruling triggered a shift: accessibility moved to the boardroom, and some companies even created Chief Accessibility Officer roles.
Waiting until enforcement begins is risky and costly. In the USA, businesses that acted early avoided expensive retrofits and gained loyal customers. They also discovered that inclusive design improves usability for everyone. It’s not just about compliance, it’s about creating better experiences and opening doors to millions of potential customers.
Accessible design often leads to cleaner interfaces, faster navigation, and improved satisfaction for all users, not just those with disabilities.
In Europe, enforcement will look different. Users who encounter accessibility issues will complain to national authorities. Penalties vary; for example, in Germany, fines can reach €100,000 or 5 per cent of global turnover. Ireland has introduced prison sentences for serious breaches. Accessibility has moved from best practice to a significant business risk.
I’m the founder of Auditsu, a tech-for-good company focused on digital accessibility. We’re building software that simplifies compliance, from accessibility statements today to automated auditing, with our traversal technology now in pilot. Because accessibility compliance shouldn’t be this hard.
Perhaps one of the reasons is that expertise in this area in the UK is still low. Manual testing by people with disabilities remains the most reliable way to check compliance, but it’s a major undertaking.
That’s why proactive investment now makes sense, not just to meet legal requirements, but to future-proof your business and expand your customer base. Building accessibility into your design process from the start is far easier than retrofitting later. It also signals that your brand values inclusion, which resonates strongly with customers and employees alike.
Accessible businesses often see improved search rankings, better mobile performance, and stronger customer loyalty, benefits that go far beyond compliance.
The ADA proved that change is achievable and beneficial. UK businesses have an opportunity to lead the way and turn compliance into a competitive advantage.
Jason Crispin is Founder & CEO at Auditsu