Is Digital Accessibility a Legal Requirement?

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Is Digital Accessibility a Legal Requirement?

Posted January 29, 2025

AudioEye

Posted January 29, 2025

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Many countries have website accessibility laws — and non-compliance can lead to lawsuits, fines, lost business, and more. But beyond the legal risks, accessibility is about creating inclusive experiences for all users. Below, we’ll explore the legal requirements around digital accessibility and how you can lower your legal risk.

Originally Posted on May 9, 2023

Is digital accessibility a legal requirement? In many cases (if not most), the answer is yes — and ignoring it can put your organization at risk. Whether you’re a private business, nonprofit, or government agency, accessibility laws apply to your website, mobile apps, online documents, and other digital content. But the rules aren’t always straightforward.

Below, we’ll explore how U.S. and international web accessibility laws impact digital accessibility, who needs to comply, and how to create online content that works for everyone — particularly individuals with disabilities.

Digital Accessibility Requirements for Public Organizations in the U.S.

If you’re part of a public organization within the U.S. — whether that’s a government agency, a school, or a publicly funded institution — digital accessibility isn’t optional. Several accessibility laws establish clear requirements for making websites, mobile apps, and other digital content accessible to individuals with disabilities, including: 

The Americans with Disabilities Act (ADA)

The ADA is one of the most well-known disability rights laws in the U.S., prohibiting discrimination against people with disabilities in places of public accommodation, which includes online spaces. ADA compliance is required for most businesses and organizations operating within the U.S.

For state and local governments, Title II of the ADA specifically requires public organizations to ensure their digital services are accessible. Recent updates to Title II require public sector websites and apps to meet the standards included in the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA — a move that reinforces the importance of digital accessibility in government spaces. 

Title III of the ADA applies specifically to businesses and nonprofits and requires these entities to be accessible, both in their physical and digital spaces, to individuals with disabilities.

Section 508 of the Rehabilitation Act of 1973

For federal agencies and organizations receiving federal funding, Section 508 is the law to follow. To be Section 508 compliant, all electronic and information technology (EIT) provided by government entities and contractors must be accessible to individuals with disabilities. This includes websites, software, digital documents, mobile applications, and other digital content. Compliance standards are based on the Level AA criteria of WCAG.

21st Century Communications and Video Accessibility Act (CVAA)

If your organization provides video or communication services, you must comply with the CVAA. The law ensures that modern communication technologies, like video conferencing platforms, streaming services, and VoIP — are accessible to people with disabilities. The CVAA requires features like closed captions, screen reader compatibility, and accessible user interfaces to be provided.

Air Carrier Access Act (ACAA)

While the ACAA applies primarily to airlines, it’s worth mentioning as it mandates that airline websites and mobile apps be accessible. If your organization is in the travel or transportation industry, this law could impact your digital accessibility requirements. 


Each accessibility law mentioned above uses WCAG 2.1 Level AA as a benchmark for compliance. Organizations that meet these standards are generally considered compliant with accessibility laws. These standards outline best practices for making websites and apps usable for people with disabilities, including those who rely on screen readers, keyboard navigation, and other assistive technologies.

Digital Accessibility Requirements for Private Organizations in the U.S.

According to Title III of the ADA, all “places of public accommodation” must make reasonable efforts to accommodate people with disabilities. In 2022, the U.S. Department of Justice (DOJ) reiterated its stance that websites are considered places of public accommodation. 

Some businesses have argued — unsuccessfully — that web content is not covered under the ADA. In one notable case, Domino’s Pizza, LLC, argued that since Title III does not include technical standards for web accessibility, it isn’t enforceable against private businesses. 

After years of litigation, the Supreme Court refused to hear Domino’s case, and the company settled with the plaintiff. 

The takeaway: While Title III of the ADA applies to most business websites, mobile apps, and digital content, some private organizations — including strictly private clubs and religious entities — may be exempt. 

But here’s the thing: digital accessibility isn’t just about compliance — it’s about creating a better user experience for everyone. Following the standards outlined in WCAG 2.1 Level AA isn’t just smart from a risk management perspective — it also improves usability, expands your audience reach, and shows your business values inclusivity.

An accessibility icon superimposed on the United Kingdom, with a number of stylized web pages in the background.

International Digital Accessibility Laws

It’s important to remember that the U.S. is not the only country with digital accessibility laws — other nations have their own requirements for digital accessibility. 

If your business operates in more than one country, you’ll need to consider each nation’s laws when building your compliance strategy. You’ll also need to research any state, local, or provincial accessibility laws. 

Fortunately, most laws have fairly simple provisions — and in many cases, the laws specifically mention WCAG standards. For example:

  • The Accessibility for Ontarians with Disabilities Act (AODA) requires that public sector organizations and large private sector organizations follow WCAG 2.1 Level AA. 
  • New Zealand’s Web Accessibility Standards require government websites to conform with WCAG 2.0 Level AA. 
  • The European Union’s Web Accessibility Directive requires public organizations to develop accessibility standards based on guidance from the European Standards Organization (ESO), which references WCAG Level AA requirements.
  • Like the Web Accessibility Directive, the European Accessibility Act (EAA) requires private businesses selling digital products and services to meet WCAG 2.1 Level AA standards by June 28, 2025. The EAA applies to companies operating in the EU market, including non-EU businesses selling to EU consumers.
  • The EN 301 549 standard includes specific accessibility standards for public procurement of European information and communication technology (ICT) products and services.
  • Germany’s Federal Disabled Equalization Law (BGG) requires German federal administrations with an internet or public presence to remove accessibility barriers. 
  • The Australia Disability Discrimination Act (DDA), established in 1992, prohibits direct and indirect disability discrimination in employment, education, sports, provisions, laws, and programs within Australia. 
  • The Indian Web Accessibility Guidelines, created by the National Portal of India, require Indian websites to conform to WCAG 2.0 Level AA standards.
  • The Japanese Industrial Standards (JIS) provide organizations with standards for web accessibility based on WCAG 2.0 accessibility standards.
  • UK’s Equality Act requires organizations and service providers to make reasonable accommodations to their workplaces to remove accessibility barriers in both physical and online spaces.

It’s important to note that while many nations have clear accessibility compliance requirements for public-sector organizations, laws for private businesses may not include technical standards. That’s why WCAG is so essential — the guidelines provide a basic, universal framework for digital accessibility.


For more information about global non-discrimination laws, visit our International Accessibility Law Repository.

What’s the Risk of Non-Compliance?

Non-compliance with any of the accessibility laws mentioned above can put your organization at risk for several consequences — from lawsuits and settlements to negative publicity and loss of customers. Let’s explore these in more detail:

Legal Action

Failing to comply with accessibility laws increases your risk of being sued under the ADA, Section 508, the EAA, the AODA, and other accessibility laws. Thousands of digital accessibility lawsuits are filed each year, often resulting in costly financial settlements. Additionally, courts may require you to implement accessibility improvements under strict timelines, increasing costs and operational burdens.

Financial Costs

Defending against accessibility lawsuits can be expensive — even if the case is settled out of court. Legal fees, fines, and remediation costs can quickly add up and strain your budget.

Reputational Damage

If consumers hear your business is not accessible to individuals with disabilities, you’re likely to attract negative media attention. Not only can this damage your brand reputation and trust but you can also lose current and potential customers and face social media backlash.

Exclusion of Potential Customers

People with disabilities represent a significant market (over 70 million Americans in the U.S. alone), and inaccessible websites or apps limit their ability to engage with your business, meaning you’re missing out on potential revenue opportunities. Additionally, search engines favor accessible websites, meaning non-compliance with accessibility standards may decrease your search rankings and visibility.

Using WCAG to Improve Digital Accessibility

WCAG is published by the World Wide Web Consortium (W3C), which also publishes the standards for HTML and CSS. Put simply, the W3C makes the rules for the internet — and WCAG is the international standard for digital accessibility.

While no website can be 100% accessible for every user, WCAG Level A and Level AA address many of the most frustrating barriers that impact users with disabilities. Some of these include:

  • Text alternatives: WCAG requires alt text for non-text content, including images, graphs, charts, etc. Providing alt text for this type of content makes content accessible for people who use screen-reading software.
  • Color contrast: WCAG requires websites to maintain minimum color contrast ratios (4.5:1 for normal text) to ensure text is readable for users with visual disabilities, such as color blindness or low vision.
  • Closed captions: WCAG requires closed captions for prerecorded multimedia, which can make content understandable for people with hearing disabilities. Closed captions must be accurate and synchronized with the audio. 
  • Compatibility with assistive technology: Digital content must be compatible with assistive technology, including screen readers, screen magnifiers, and text-to-speech software. This ensures that assistive technology users can interact with digital content with ease. 
  • Descriptive links: Links must include descriptive text that tells readers what will happen once they click the link. This is especially beneficial for assistive technology users. 
  • Accessible forms: WCAG requires organizations to provide accessible forms that can be accessed and used by individuals with disabilities. 
  • Accessible online documents: Online documents, including PDFs, Word documents, PowerPoints, and Excel sheets, must be accessible. 


The abovementioned criteria are just some success criteria outlined in WCAG (WCAG 2.2 contains 86 criteria). For a more comprehensive list, view our Comprehensive WCAG Checklist.

A stylized web page filled with error messages.

Building for Digital Compliance with AudioEye

You have a legal requirement to provide your audience with accessible online content. But accessibility isn’t just about compliance — every barrier you fix makes your website more usable and accessible to all users. 

By following the latest version of WCAG, you can enjoy the business benefits of accessible design — better brand positioning, enhanced SEO rankings, improved user experience, and lower legal risk. How do you test your content for compliance? You’ll need to use a combination of automated and expert testing — and you’ll need an effective strategy for fixing accessibility issues. That’s where AudioEye comes in.

At AudioEye, we use a combination of AI-driven technology and audits from accessibility experts and the disability community to help you find and fix digital accessibility issues. We start with a free accessibility scan, which finds 30 WCAG violations, more than any other tool on the market. Our Automated Accessibility Platform then resolves common accessibility issues. At the same time, our team of experts finds and fixes more complex problems — the result: digital content that is accessible and compliant with accessibility laws.

Plus, with AudioEye Assurance, you’ll enjoy a level of legal protection up to 400% better than consulting or automation-only approaches. Our combination of technology and expert audits gives you peace of mind that your digital content is compliant and legally protected.

Ready to get started on the path to compliance? Enter the URL of your digital content into the scanner below to see how accessible your content is. 


Want to see how AudioEye lowers your risk of non-compliance? Schedule a demo today.

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