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Which accessibility laws apply to my site

The EAA, Web Accessibility Directive, ADA and Section 508: who each covers, its standard, what follows if it isn't met.

  • EU

    • Public sector bodies Web Accessibility Directive
    • Consumer services European Accessibility Act
  • US

    • Federal agencies Section 508
    • State and local governments ADA Title II web rule
    • Businesses open to the public ADA Title III

In short: It depends on where the organisation is, whether it is public or private, who it sells to and what it sells. The laws cover different people and measure against different things, from a named WCAG level to no technical standard at all, and a lawyer decides which of them bind a given site.

01

When you need this

A ticketing company with 40 staff sells event tickets to the public from its own website. Its head office is outside the EU, it has no premises open to the public, and its customers are in the EU and the US. It also runs the booking pages of a US city of 80,000 people under a contract, and a US federal agency has asked about buying its event software.

The director asks the web team which accessibility laws apply to the site, and what they actually require. A search returns a different answer for each country, and more than one set of dates.

02

Four questions that narrow the list

Each law draws its line somewhere different, so one question doesn't settle it. These four point to the text to read. They don't show that a law binds a site; that takes a lawyer and the facts.

  1. 1 Where is the organisation?

    • A public body Its own country’s law
    • A private seller Not decided by this alone: the European Accessibility Act’s definition names no place of establishment
  2. 2 Is it public or private?

    • EU public sector body Web Accessibility Directive
    • US federal agency Section 508
    • US state or local government ADA Title II web rule
  3. 3 Who does it sell to, and where?

    • Consumers in the EU European Accessibility Act
    • The public in the US ADA Title III
  4. 4 What does it sell?

    • One of the European Accessibility Act’s six services European Accessibility Act
    • Goods or services of a business open to the public ADA Title III
    • Technology a US federal agency buys Section 508

03

Side by side

  • EU European Accessibility Act

    Who it covers
    Service providers offering the listed services to consumers in the EU. Microenterprises are exempt from the service requirements
    Measures against
    Annex I Perceivable, operable, understandable and robust. A harmonised standard gives a presumption of conformity once its reference is in the Official Journal
    If it isn’t met
    National authorities check services and follow up complaints. Consumers can act under national law. Each member state sets the penalties, which must be “effective, proportionate and dissuasive” Articles 23, 29, 30
  • EU Web Accessibility Directive

    Who it covers
    Public sector bodies’ websites and mobile apps
    Measures against
    Article 4 The same four principles. EN 301 549 V3.2.1 gives a presumption of conformity
    If it isn’t met
    Member states monitor sites periodically and provide an enforcement procedure, which can include an ombudsman Articles 8, 9
  • US ADA Title II web rule

    Who it covers
    State and local governments, directly or through contractors
    Measures against
    WCAG 2.1 AA From 26 April 2027 or 26 April 2028
    If it isn’t met
    A person can sue. The Department of Justice names an injunction and attorneys’ fees 42 USC 12133; 91 FR 20902
  • US ADA Title III

    Who it covers
    Businesses open to the public
    Measures against
    No web rule The Department of Justice says the ADA applies; courts have split on websites
    If it isn’t met
    A person can sue for an injunction. In a case the Attorney General brings, a court can also award damages and civil penalties 42 USC 12188
  • US Section 508

    Who it covers
    Federal agencies, for technology they develop, buy, maintain or use
    Measures against
    WCAG 2.0 AA Levels A and AA
    If it isn’t met
    A complaint to the agency, and a civil action 29 USC 794d(f)

The columns don't line up, so meeting one law doesn't settle another. Section 508 names an older WCAG than the Title II rule, and Title III names none. What each standard adds is on what EN 301 549 asks of a website beyond WCAG, and what a conformance claim needs is on what it takes for a page to conform to WCAG.

04

The EU: an Act for consumer services, a Directive for public bodies

The European Accessibility Act, Directive (EU) 2019/882, has applied since 28 June 2025 (Article 31(2)) to these services provided to consumers (Article 2(2)):

  • Electronic communications
  • Access to audiovisual media
  • Passenger transport Air, bus, rail and waterborne: websites, apps, electronic tickets and travel information. For urban, suburban and regional services, only interactive self-service terminals
  • Consumer banking
  • E-books and dedicated software
  • E-commerce Recital 43: “the online sale of any product or service”. The ticketing company sells this way

Sellers outside the EU. A service provider is "any natural or legal person who provides a service on the Union market or makes offers to provide such a service to consumers in the Union" (Article 3(4)). The definition names no place of establishment.

The exemption for the smallest businesses. Article 4(5) exempts microenterprises providing services from the service requirements, and Article 3(23) sets the test:

< 10 persons employed

and

≤ EUR 2m annual turnover

or

≤ EUR 2m annual balance sheet total

The ticketing company has 40 staff, so it doesn’t meet the first part

How it is shown. The Act names no standard. Annex I, Section III(c), asks for websites and apps to be made "perceivable, operable, understandable and robust". A service that meets a harmonised standard with a reference in the Official Journal gets a presumption of conformity (Article 15(1)), and Annex V says a provider "may apply" such standards "in full or in part". EN 301 549 V4.1.1 (September 2026) is the edition written for the Act; on 6 November 2026 we found no Official Journal reference for it under the Act. V3.2.1's reference was published under the Web Accessibility Directive, by Decision (EU) 2021/1339. A provider must also publish how its service meets the requirements (Article 13(2), Annex V), which accessibility statements that are missing or say nothing covers.

What it leaves out. Article 2(4) excludes older pre-recorded media and office files, archives, some online maps, and third-party content the provider neither funds, develops nor controls. Article 14 limits the requirements where meeting them would fundamentally alter the service or impose a disproportionate burden. Service contracts agreed before 28 June 2025 may continue unaltered until they expire, but no longer than 5 years from that date (Article 32(1)).

It is not one law across the EU. A directive works through transposition: each member state writes it into national law (Article 31(1)), so what a seller meets is that national law, not the Act's text. The Act leaves each state to name the authority that checks services (Article 23(2)), set the penalties (Article 30) and decide on the built environment (Article 4(4)), so these can't be assumed to match from one state to the next.

To see a state's law, use the national transposition list on EUR-Lex. On 6 November 2026 it had entries for all 27 states. EUR-Lex says member states alone are responsible for what they report there and that the Commission checks it separately, so an entry shows that a state notified something, not that its law is complete.

The Web Accessibility Directive, Directive (EU) 2016/2102, covers the websites and mobile apps of public sector bodies (Articles 1(2) and 3(1)). Its last application date, for mobile apps, was 23 June 2021 (Article 12(3)). It excludes public service broadcasters and some NGOs (Article 1(3)), and content such as live media and older intranets (Article 1(4)). It requires an accessibility statement with a feedback mechanism (Article 7), and lets a member state go further (Article 2). A feedback mechanism takes a way to reach someone, and support that can only be reached by phone shows how that way can be closed. The clauses that give its presumption of conformity are on what EN 301 549 asks of a website beyond WCAG.

05

The US: three rules for three kinds of organisation

ADA Title II web rule. 28 CFR Part 35, Subpart H, published on 24 April 2024, sets WCAG 2.1 Level AA for the web content and mobile apps a state or local government provides "directly or through contractual, licensing, or other arrangements" (§ 35.200). An interim final rule of 20 April 2026 moved each compliance date later:

  • Population of 50,000 or more

    Set in 2024: 24 April 2026 Now: 26 April 2027

  • Population under 50,000, and special district governments

    Set in 2024: 26 April 2027 Now: 26 April 2028

Checked on 6 November 2026 on ADA.gov and in the Federal Register

These dates could move again. The Department of Justice says it "will consider issuing" a proposal on the rule's substance during the extension, and that without one, and if nothing else calls for delay, it "fully anticipates implementing the regulation at the new deadline". A suit filed on 21 May 2026, National Federation of the Blind v. Department of Justice (D. Md.), asks a court to set the extension aside; the Civil Rights Litigation Clearinghouse showed no ruling on 6 November 2026, though the last docket entry it listed was from 13 July 2026. The Federal Register showed no later document under the interim rule's number, RIN 1190-AA82, or the 2024 rule's, RIN 1190-AA79. ADA.gov's fact sheet is the place to check.

The rule has five exceptions (§ 35.201): archived content, documents posted before the date that aren't used to reach a service, third-party content not posted under an arrangement with the government, individual secured documents and older social media posts. The extension changes only the dates, and the Department adds that "covered entities have an ongoing obligation" under Title II regardless of them.

ADA Title III covers a public accommodation, a business open to the public, and has no web rule. The Department's guidance of 18 March 2022 says it "does not have a regulation setting out detailed standards", that businesses "can currently choose how" they make online goods and services accessible, and that WCAG and the Section 508 Standards give "helpful guidance". So what a business's site owes is argued in court. A Congressional Research Service note of 20 October 2022 says "courts have split", in three camps:

  • The ADA applies to websites without restrictions.
  • It applies only to physical places, so not to websites.
  • It applies to some websites, depending on their connection to a physical business. This is how the Ninth Circuit ruled on a restaurant chain's online ordering.

That note also says many circuit courts hadn't addressed the question. We haven't reviewed case law since it.

Section 508, 29 USC 794d, requires each federal department or agency to ensure access when "developing, procuring, maintaining, or using" technology, for its staff and the public, unless that would be an undue burden. The standards say technology "procured, developed, maintained, or used by agencies" shall conform (E201.1), and public-facing content is measured against WCAG 2.0 Level A and AA (E205.2, E205.4). The duty is the agency's. A vendor meets it when an agency asks about a purchase, which is on reading a vendor's VPAT before you buy, and what to ask next.

06

Worked example

The ticketing company, by what it does:

What it does Text to read What in the text raises it
Sells tickets to consumers in the EU National laws transposing the European Accessibility Act, in each state it sells in E-commerce (Article 2(2)(f)), "offers" to consumers in the EU (Article 3(4)). With 40 staff it doesn't meet the microenterprise test
Sells tickets to the public in the US ADA Title III No web rule, and courts have split on a site with no physical premises
Runs a city's booking pages ADA Title II web rule, through the city The city's duty covers content it provides through a contract. With 80,000 people, its compliance date is 26 April 2027
Offers software to a federal agency Section 508 E201.1, once the agency procures it. The duty is the agency's
Runs no EU public body's site The Web Accessibility Directive Set aside: it covers public sector bodies

Result: 4 texts to read, 1 set aside, and 1 open question for a lawyer: Title III for a site with no premises. The standards named are different too: harmonised standards for the EU, WCAG 2.1 AA for the city's pages, WCAG 2.0 AA for the federal sale, and none in Title III. The team takes that list to a lawyer, with the countries, the contract and the staff count, rather than asking whether "the law" applies.

07

Common mistakes

  • Reading "no office in the EU" as "outside the Act". Article 3(4) turns on providing a service on the EU market or offering one to consumers in the EU. Whether a given site does is the lawyer's question, not the head office's address.
  • Treating the European Accessibility Act as one text. Businesses meet national laws, and the Act leaves authorities and penalties to each state. Check the state's own law through the EUR-Lex list.
  • Calling EN 301 549 the Act's requirement. The requirement is Annex I. A harmonised standard is one way to show it, with a presumption only once its reference is published. What the standard asks is on what EN 301 549 asks of a website beyond WCAG.
  • Using a Title II date from an older article. 24 April 2026 and the original 26 April 2027 were replaced. Check the date against ADA.gov, and write down the day you checked.
  • Reading the Title II rule as a rule for US websites. It covers state and local governments. Federal agencies are under Section 508, and businesses under Title III, which has no web rule.
  • Copying one law's accessibility statement for all of them. The Web Accessibility Directive's Article 7 and the European Accessibility Act's Annex V ask for different things. Accessibility statements that are missing or say nothing covers what a useful statement holds.
  • Expecting a widget to meet any of these. A toolbar leaves the site's code as it was, and makers of free widgets say so themselves, as free accessibility widgets: what they do, and what fixes the site quotes.

08

What the standard says

Required (law):

  • European Accessibility Act, Article 4(1): member states "shall ensure" that economic operators "only provide services that comply with the accessibility requirements set out in Annex I". Article 30(2): penalties "shall be effective, proportionate and dissuasive".
  • Web Accessibility Directive, Article 4: public sector bodies "take the necessary measures to make their websites and mobile applications more accessible by making them perceivable, operable, understandable and robust".
  • 28 CFR 35.200(b), as amended: "Beginning April 26, 2027", a public entity of 50,000 or more, other than a special district government, "shall ensure" that its web content and mobile apps "comply with Level A and Level AA success criteria and conformance requirements specified in WCAG 2.1". Paragraph (b)(2) says the same from April 26, 2028 for the rest.
  • Section 508 Standards, E205.4: "Electronic content shall conform to Level A and Level AA Success Criteria and Conformance Requirements in WCAG 2.0."

Advice and guidance (not law):

  • ADA.gov guidance, 2022: the Department "does not have a regulation setting out detailed standards". This is the Department's position on Title III, and it says the guidance doesn't reflect the 2024 rule for state and local governments.

Where the standards differ:

Standard Which WCAG Who relies on it
EN 301 549 V3.2.1 2.1 The Web Accessibility Directive
EN 301 549 V4.1.1 2.2 Written for the European Accessibility Act, with its Official Journal reference still to check
Title II web rule 2.1 Named in the rule itself
Section 508 Standards 2.0 Named in the rule itself

09

Limits

This page says what each law's text says. It doesn't say which law applies to a given site, and it isn't advice to do or not do anything: that needs the facts, the national law and a lawyer. It doesn't settle whether a business makes "offers" to consumers in the EU, whether it is a public accommodation, whether a burden limit applies (Article 14 of the Act, Article 5 of the Directive, 28 CFR 35.204, undue burden under Section 508), or how a state's transposition reads.

It covers these five laws only. It doesn't cover other countries, US state laws, Section 504 or sector rules, or any member state's national text. Dates and editions are as checked on 6 November 2026, and these change: check ADA.gov and the Federal Register for Title II, and EUR-Lex for the European texts and for the Official Journal reference of EN 301 549. The case law summary rests on a note from October 2022.

10

Terms

service provider
In the European Accessibility Act, any person who provides a service on the EU market or makes offers to provide one to consumers in the EU (Article 3(4)).
microenterprise
In the European Accessibility Act, an enterprise with fewer than 10 persons and either an annual turnover or an annual balance sheet total of no more than EUR 2 million (Article 3(23)).
transposition
A member state writing a directive into its own national law. A business meets the national law, not the directive's text.
presumption of conformity
Under the European Accessibility Act's Article 15, a service that meets a harmonised standard whose reference is published in the Official Journal is presumed to meet the requirements that standard covers.
public accommodation
The ADA's term for a business open to the public, such as a shop, bank, hotel or restaurant. Title III covers these.
compliance date
The day the Title II web rule's technical requirement starts to apply to a state or local government, set by the size of its population, with special district governments on the later date.

11

Sources and guides

Guides that show it

This page explains a practice, with recreated examples. It is not legal advice, and it is not a finding about a named client.