As your Customer Data Platform and Marketing Automation provider, we want to keep you up-to-date on a new piece of legislation coming down the pike. The European Accessibility Act (EAA) will come into effect June 2025, and will have several implications for marketers who leverage email and SMS.
The European Accessibility Act (EAA) primarily applies to businesses operating within the EU or selling products and services to EU consumers. While it does not directly regulate American consumers, U.S. companies marketing to or serving customers in the EU (including via email and SMS) must comply with its accessibility requirements. If your business has a presence in Europe or targets EU consumers, you should ensure compliance to avoid penalties.
The EAA mandates that marketing content delivered via email and SMS must be accessible to people with disabilities. To stay compliant, you'll need to comply with accessibility guidelines, including:
Email readability: Use clear, concise language and proper structure (headings, lists, alt text for images).
SMS readability: Ensure short messages are clear and easy to understand. Avoid abbreviations or complex language that could create barriers.
Assistive technology compatibility: Content must be easily readable by screen readers, and fonts, colors, and contrasts must be accessible.
For email marketing, the EAA requires:
Alternative text for images: Visually impaired recipients need meaningful alt text to understand the content.
Accessible design: Use proper HTML structure, logical reading order, and descriptive links (e.g., "Read more about our offer" instead of "Click here").
Color contrast and readability: Ensure sufficient color contrast for readability and avoid using color alone to convey meaning.
Keyboard navigability: Emails should be navigable using only a keyboard for users with motor impairments.
For SMS marketing, the EAA requires:
Clear and concise language: Since SMS messages are short, ensure clarity and avoid cryptic abbreviations or jargon that could confuse screen reader users.
Avoiding visual-only elements: Since SMS is typically text-based, it’s naturally more accessible, but avoid relying on ASCII art or symbols that screen readers may misinterpret.
Link accessibility: If you include links, ensure they lead to accessible landing pages.
The Takeaway: We're not legal experts, but it's important to note that non-compliance with the EAA could result in fines, reputational harm, and legal consequences. Many of these requirements align with email and SMS best practices, so even if your audience includes few (or no) European consumers, we highly recommend reviewing your content to ensure it meets these standards.
