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Accessibility and the Law

Key legislation and regulations every website operator should be aware of.

Introduction

An organisation’s digital property is a valuable asset. The risk of losing that value due to expensive litigation, a damaged reputation, or missed business opportunities can be a significant factor in prioritising accessibility.

Notice This guide is for general information purposes only. This information is not intended to provide legal advice. You should consult qualified legal counsel for advice regarding your circumstances. prioritising Below we list several examples of laws and regulations related to digital accessibility that might apply to your website or mobile app.

International regulations

United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)

The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) requires member states to work towards “the identification and elimination of obstacles and barriers to accessibility” in many service areas, including “information, communications and other services, including electronic services.”

UN human rights treaty bodies may consider complaints from individuals who believe their rights have been violated by governments that fail to meet their obligations under the Convention on the Rights of Persons with Disabilities (CRPD). This could affect you if you are, or provide services to, a regulated governmental digital service.

Web Content Accessibility Guidelines (WCAG)

The Web Content Accessibility Guidelines (WCAG) provide comprehensive recommendations for making online content accessible. Although not a law or legal requirement itself, meeting the criteria set out in WCAG is considered evidence of legal compliance in many jurisdictions. For instance, since the Americans with Disabilities Act (ADA) didn’t include any technical standards, courts have relied on WCAG to determine if digital products comply with the ADA.

Notice For more details about WCAG, see our What is WCAG? guide.

In the United States (US)

Rehabilitation Act, Section 508

Section 508 of the US Rehabilitation Act requires that all electronic and information technology developed, procured, maintained, or used by the US federal government be accessible to and usable by individuals with disabilities.

While this regulation is a legal requirement for federal agencies and organisations receiving federal funding, compliance may also be a concern for organisations providing services to federal agencies. If your company provides any products or services to other companies with government contracts, you may be asked to ensure those offerings are Section 508 compliant.

Failure to comply with Section 508, when required, may lead to lawsuits, loss of federal funding, or other enforcement actions by the U.S. Department of Justice.

Americans with Disabilities Act, Title II

Title II of the Americans with Disabilities Act (ADA) applies to state and local government entities, requiring them to ensure that their programs, services, and activities are accessible to individuals with disabilities. This includes government buildings, public schools and libraries, universities that receive federal funding, public transportation, voting facilities, law enforcement, and courts.

While Title II specifically applies to US state and local government entities, private businesses and organisations may still be impacted if they provide any services or products to a regulated public entity. For example, if your company sells services that a public school uses, you must ensure that those services are accessible in compliance with Title II of the Americans with Disabilities Act (ADA).

Notice While Section 508 applies specifically to US federal agencies and their contractors, ADA Title II regulates US state and local government agencies.

A recent clarification published by the US Department of Justice explicitly sets the technical standard for digital accessibility as the Web Content Accessibility Guidelines (WCAG) version 2.1, levels A and AA.

Americans with Disabilities Act, Title III

Title III of the US Americans with Disabilities Act (ADA) is focused on prohibiting discrimination against people with disabilities in “places of public accommodation,” including most private businesses open to the public. This includes restaurants, retail stores, hotels, hospitals, professional offices, and theatres.

US courts have ruled that websites are also considered public accommodations and are subject to ADA Title III requirements. If your website is determined to be covered under ADA Title III, you must make it accessible to people with disabilities. This generally means conforming to the Web Content Accessibility Guidelines (WCAG) 2.0 or 2.1 at level AA.

Section 1557 of the Affordable Care Act

Section 1557 is a law that states, among other things, that any health program or activity, such as hospitals, clinics, and health insurance plans, that receives US federal funding cannot discriminate based on disability. While the US Department of Justice enforces the ADA, the Department of Health and Human Services’ Office for Civil Rights (OCR) enforces Section 1557 of the Affordable Care Act. Section 1557 builds on the ADA’s protections by ensuring that individuals with disabilities have equal access to healthcare.

Unruh Civil Rights Act (UCRA)

Some US states have their own laws that regulate accessibility. For example, the Unruh Civil Rights Act in California (named after its author, the late Jesse “Big Daddy” Unruh) requires businesses to provide equal access to their services and facilities. While initially intended for brick-and-mortar establishments, courts have held that the UCRA also requires businesses with websites to make these accessible.

This law is aimed at businesses with a so-called nexus in California — a legal connection to a location or property — but may impact you if you provide services to those businesses. Proposals are currently being debated to make WCAG 2.1 Level AA the required standard for UCRA.

In the United Kingdom (UK)

Equality Act

The UK Equality Act 2010 prohibits discrimination against people with disabilities and requires providers of goods, services, and facilities to anticipate the needs of potential disabled customers and make reasonable adjustments. This applies to websites and digital content, not just physical premises.

There is a broad consensus that aligning a website with WCAG standards demonstrates the “reasonable adjustments” required by this act.

Public Sector Bodies Accessibility Regulations 2018/2022

This regulation applies to any website or mobile app (internal or public-facing) purchased or developed by a public sector body in the UK.

It imposes stricter requirements on public sector organisations, primarily government organisations, and charities, regarding accessibility for websites and mobile apps. For example, covered entities must provide an accessibility statement on their website or app.

This regulation aligns with the European Standard EN 301 549 for accessibility of ICT products and services.

Consumer Duty regulations

The UK Financial Conduct Authority’s (FCA) Consumer Duty regulations introduce a higher standard of consumer protection for financial firms in the UK. This regulation took effect on July 31, 2023, for both new and existing products and services available for sale or renewal.

The rules apply to all firms offering financial services to retail clients in the UK, including investment banks, brokerage houses, insurance companies, tax and accounting firms, and credit card companies, among others. These firms now face even higher standards for ensuring their digital services and content are accessible to all consumers, including those with characteristics that make them vulnerable.

  1. Consumer Understanding Outcome
    • All digital content (emails, PDFs, websites) must be readable and understandable for users with cognitive or neurological differences.
  2. Consumer Support Outcome
    • Support channels (contact forms, chat, etc.) must be barrier-free for users with disabilities or language barriers.
  3. Ensure Ongoing Compliance
    • Provide evidence of meeting the outcomes.
    • Regularly review and monitor accessibility.
    • Promptly address any identified issues.

Notice The FCA Guidance for firms on the fair treatment of vulnerable customers guidance FG21/1 [PDF] explicitly cites “accessible websites” as one example of how firms can put the policy into practice.

In the European Union (EU)

EU Charter of Fundamental Rights

The EU Charter of Fundamental Rights, Article 26: Integration of Persons with Disabilities, protects and guarantees equal access for people with disabilities. Although the Charter does not directly apply to private businesses or organisations located outside the European Union, you could still be affected if your business is subject to EU law or has contractual relationships with EU entities.

If your website or app falls within the scope of EU law, non-compliance could result in legal challenges or other consequences.

European Norm EN 301 549

This applies to websites, mobile apps, and certain telecommunications services in the EU public sector (owned, controlled, or funded by the governments of European Union countries). This standard is expected to form the basis for a presumption of conformity with the European Accessibility Act (EAA), as described below. It is therefore also relevant to the EU private sector.

The EN 301 549 standard generally follows the Web Content Accessibility Guidelines (WCAG) 2.1 AA requirements, with some additional provisions. For example, it adds the following criteria, amongst others:

Countries outside the EU, such as Australia, have adopted this standard to facilitate trade with the EU.

Web Accessibility Directive

The Web Accessibility Directive, also known as Directive EU 2016/2102, was adopted by the European Union (EU) in 2016. The directive aims to ensure that the websites and mobile applications of public sector bodies in the EU are accessible to people with disabilities.

The directive applies to the websites and mobile apps of public sector organisations in EU states, with exceptions for certain private sector websites, non-governmental organisations, and content such as live video, historical reproductions, and archived websites. Public service broadcasters, as well as many charities and other third-sector organisations that do not directly serve disabled communities or are involved in healthcare, are exempt.

The directive requires websites and mobile apps to be “perceivable, operable, understandable and robust” and references the EN 301 549 standard as the relevant accessibility benchmark.

The European Accessibility Act (EAA)

The European Accessibility Act (EAA) is a European Union directive that extends the existing European human rights laws that protect and guarantee equal access for people with disabilities to specific services and products:

Regulated services

Regulated products

Businesses must ensure that products and services covered by the act are accessible by June 28, 2025. For legacy products and services, the deadline is extended to 2030. Although this act is currently only enforceable in the EU (it has not been ratified within the UK yet, for example), it must be followed by non-EU-based companies that may wish to sell within the EU market.

Looking beyond legislation

Legal compliance is a critical concern for businesses and organisations, but it shouldn’t be the only concern. Avoiding accessibility lawsuits is a poor basis for your overall accessibility strategy. Even if an accessibility lawsuit is settled before going to trial (for example, by promising to fix any errors and paying for the complainant’s legal costs), you will still spend an average of $25,000 on each lawsuit, according to one analysis.

We advocate a strategy that is integrated and ongoing, and centred on accessible outcomes for your customers, users, or employees. This will naturally meet legal requirements, but goes further and delivers:

Organisations and businesses that embrace an “accessibility first” strategy will meet legal regulations, but will also benefit from lower costs, improved user experiences, and increased market reach.