Compliance - Allyant https://allyant.com Simple. Seamless. Accessibility. Thu, 04 Jun 2026 15:05:50 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 ACA Compliance | The Accessible Canada Act https://allyant.com/compliance/aca-compliance-the-accessible-canada-act/ Fri, 09 Jan 2026 21:00:01 +0000 https://allyant.com/?p=98112 What is ACA Compliance?  The Accessible Canada Act (ACA) is Canada’s federal accessibility law, designed to create a Canada without barriers by 2040. The ACA became law in 2019 and has […]

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Accessible Canada Act (ACA) Compliance

The Accessible Canada Act (ACA) is Canada’s federal accessibility law, designed to create a Canada without barriers by 2040. The ACA became law in 2019 and has long required covered organizations to take a programmatic approach to accessibility—through planning, feedback, and progress reporting.  

However, in 2025 Canada introduced new Digital Accessibility requirements. These new requirements build on the original foundation by adding more specific expectations for web pages, training, and recordkeeping, and (for some organizations) mobile apps, digital documents, procurement checks, and accessibility statements—with compliance milestones beginning in December 2027 and December 2028. 

Learn more about the ACA, including who must comply, standards and documentation requirements, and how Allyant supports ACA compliance.  

The ACA takes a proactive approach. Instead of waiting for complaints, organizations are expected to build accessibility into how they design services, deliver communications, and purchase technology. 

Canada’s regulations under the ACA already require organizations to plan and report on accessibility. Newer updates add more explicit requirements for digital technologies (often described as the first major “digital accessibility” phase). 

The ACA applies to the federal public sector and to federally regulated organizations in Canada. That coverage is narrower than “all Canadian organizations,” so confirming whether your organization is federally regulated is a key first step. 

In this context, federally regulated generally means your organization operates in an industry or activity under federal jurisdiction (rather than provincial or territorial regulation). Many federally regulated organizations fall under the same jurisdictional umbrella used for federally regulated workplaces. 

Federally regulated organizations commonly include: 

  • Banks and authorized foreign banks. 
  • Telecommunications and broadcasting. 
  • Transportation that crosses provincial or international borders (air, rail, marine, interprovincial trucking/busing), plus related infrastructure. 
  • Postal and courier services. 
  • Many federal Crown corporations. 
  • The federal public sector (including federal departments and agencies). 
  • Businesses that are vital, essential, or integral to one of the earlier mentioned federally regulated activities. 

Retail and general commerce are usually not federally regulated simply because they sell to the public. Most retailers are regulated at the provincial/territorial level. 

However, parts of a commerce ecosystem can be federally regulated when they operate as federal-jurisdiction industries—examples include banking/financial services, telecom, and interprovincial shipping/courier. 

Most healthcare service delivery (hospitals, clinics, providers) is typically regulated by provinces and territories, not the federal government—so it is often not federally regulated for ACA purposes. 

Healthcare may fall under ACA coverage when it is delivered by the federal public sector or by a federally regulated entity. 

Even when ACA does not apply, retail and healthcare organizations may still have provincial accessibility obligations (and contractual or customer-driven requirements). Two common examples: 

  • Manitoba: Accessibility for Manitobans Act (AMA). 

If your organization operates across Canada, it’s common to have both federal and provincial accessibility considerations. 

The government’s digital rules group federally regulated private-sector organizations by size: 

  • Large businesses: 500+ employees. 
  • Medium-sized businesses: 100–499 employees. 
  • Small businesses: 99 or fewer employees. 

Medium-sized businesses have fewer requirements than large businesses. Medium-sized businesses must: 

  • Ensure their new web pages conform to the ICT Standard.
  • Provide training to staff involved in developing, maintaining, or purchasing digital technologies. 
  • Meet the record retention requirements. 

However, medium-sized businesses are not subject to the digital rules for mobile applications, digital documents, procurement, or accessibility statements. 

The ACA’s digital technology requirements reference CAN/ASC-EN 301 549 as the technical benchmark for accessible ICT. 

How CAN/ASC-EN 301 549 relates to EN 301 549 in Europe 

If your teams are already familiar with European Union (EU) accessibility frameworks, this should feel familiar: the Canadian standard is closely aligned with the EN 301 549 approach used across the EU ecosystem. 

WCAG is a major part of the foundation, but ACA digital compliance is not “WCAG-only”: 

  • WCAG work covers a large portion of what EN 301 549 expects for web content. 
  • EN 301 549 is broader than WCAG and is designed to apply across ICT products and service, including expectations that show up in documents, software, and procurement.

In other words: WCAG conformance is often necessary, but ACA compliance usually requires a wider governance and procurement lens. 

ACA compliance is more than fixing issues—it’s also about demonstrating a repeatable program. 

Most covered organizations must: 

  • Publish an accessibility plan (what barriers you will address and how). 
  • Publish a feedback process (how people can submit accessibility feedback). 
  • Publish progress reports (what you’ve completed and what’s next). 
  • Notify the Accessibility Commissioner after publishing required materials. 
  • Ensure required publications are accessible and readable (including plain language expectations). 
  • Keep required records and be prepared to provide them during an inspection. 

The digital technology requirements roll out in phases, with key milestones in December 2027 and December 2028, depending on organization type and size. Where medium-sized organizations are excluded (mobile, documents, procurement, statements), that’s intentional—those requirements apply to the federal public sector and/or large businesses. 

Requirements for new and updated web pages start: 

  • December 5, 2027 (federal public sector organizations). 
  • December 5, 2028 (large businesses).
  • December 5, 2028 (medium-sized businesses — web pages are the primary “digital content” requirement for medium-sized organizations). 

Mobile app requirements begin December 5, 2028 for: 

  • Federal public sector organizations. 
  • Large businesses. 

Medium-sized businesses are not subject to the mobile application requirements. 

Digital document requirements begin December 5, 2028 for: 

  • Federal public sector organizations. 
  • Large businesses. 

Medium-sized businesses are not subject to the digital document requirements. 

Accessibility statement requirements begin: 

  • December 5, 2027 (federal public sector organizations — initially for websites, then expanding) 
  • December 5, 2028 (large businesses) 

Statements must be updated annually. 

Medium-sized businesses are not subject to the accessibility statement requirements under the new digital rules. 

Procurement checks begin December 5, 2028 for: 

  • Federal public sector organizations. 
  • Large businesses. 

Medium-sized businesses are not subject to the digital procurement requirements. 

Digital accessibility training requirements must be met by December 5, 2027 for: 

  • Federal public sector organizations. 
  • Large businesses. 
  • Medium-sized businesses. 

Training must be refreshed on a recurring basis (at least every three years). 

Record retention requirements apply to: 

  • Federal public sector organizations. 
  • Large businesses. 
  • Medium-sized businesses. 

Retention expectations include keeping digital copies of required items (for example, training records and other required artifacts) for the specified retention period. 

ACA compliance is monitored and enforced through tools such as inspections, orders, and notices of violation. Penalties vary based on the type and severity of non-compliance and can be significant—up to $250,000 per violation in some circumstances. 

Allyant provides targeted services that map directly to what organizations must operationalize under the ACA—especially in three areas that must be implemented, documented, and sustained over time. 

We perform in-depth accessibility audits of websites, web applications, and mobile apps against the ACA’s digital standard, combining automated and manual testing (including assistive technology). 

Deliverables typically include: 

  • Findings mapped to the relevant requirements. 
  • Clear remediation guidance prioritized by user impact and risk. 
  • Support for defensible documentation and repeatable validation workflows. 

ACA digital rules explicitly bring digital documents into scope for covered organizations. Allyant helps you: 

  • Inventory and assess document libraries to identify what must be remediated. 
  • Remediate PDFs and other electronic documents for accessibility. 
  • Establish sustainable processes so new and updated documents don’t create recurring compliance debt. 

The ACA digital rules introduce procurement checks for certain digital purchases. Allyant supports organizations by: 

  • Assessing third-party platforms and software for accessibility risk. 
  • Validating VPATs and separating “claims” from real user experience. 
  • Providing procurement language and evaluation processes that make accessibility measurable and enforceable. 

To better understand the ACA’s compliance requirements, including whether they apply to your organization, engage our team today.  

Frequently Asked Questions

ACA obligations apply to the federal public sector and federally regulated organizations in Canada. If your organization operates in banking, telecom, interprovincial transportation/shipping, postal/courier, or other federal-jurisdiction industries, ACA coverage is more likely.

Most retailers are provincially regulated. But if you’re part of a federally regulated industry (for example, banking, telecom, or interprovincial shipping/courier), ACA obligations may apply.

Most healthcare service delivery is provincial/territorial. ACA obligations are most likely when healthcare is delivered by the federal public sector or by a federally regulated organization.

WCAG standards are a major part of the technical foundation, but ACA compliance typically requires a broader approach—especially for procurement, training, reporting, and recordkeeping.

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WCAG | Web Content Accessibility Guidelines https://allyant.com/compliance/wcag-web-content-accessibility-guidelines/ Thu, 18 Sep 2025 18:43:00 +0000 https://allyantnew.wpenginepowered.com/?p=97993 The Web Content Accessibility Guidelines (WCAG) are a globally recognized set of technical standards created by the World Wide Web Consortium (W3C) to ensure websites, documents, and digital experiences are accessible to people with disabilities. 

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Web Content Accessibility Guidelines (WCAG)

The Web Content Accessibility Guidelines (WCAG) are a globally recognized set of technical standards created by the World Wide Web Consortium (W3C) to ensure websites, documents, and digital experiences are accessible to people with disabilities. 


The WCAG standards provide guidance to designers, developers, and content creators ensuring they create digital experiences that are usable for individuals with disabilities—including those with visual, auditory, physical, speech, cognitive, language, learning, and neurological disabilities. 

WCAG applies broadly to websites, digital documents (such as PDFs), mobile applications, software, and emerging formats. It is also repeatedly referenced as the standard to follow in laws and rulemaking that govern accessibility. These include the Department of Justice’s (DOJ) Americans with Disabilities Act (ADA) Title II rulemaking, Section 508 of the Rehabilitation Act of 1973, Canada’s Accessibility for Ontarians with Disabilities Act (AODA), and the European Accessibility Act. Because of its global adoption and application, WCAG has become the global benchmark for digital accessibility. 

The WCAG standards have evolved over time to incorporate advancements in technology as well as evolving user needs.  

Released in 1999, WCAG 1.0 was the first standardized guidance for web accessibility. 
It focused heavily on HTML-based web content and introduced 14 guidelines with prioritized checkpoints (Priority 1, 2, and 3). Because version 1.0 was tied closely to older web technologies, WCAG 1.0 has become less practical as digital content has advanced.  

Published in 2008, WCAG 2.0 introduced a more flexible, technology-independent structure. This version organized accessibility around four foundational principles (perceivable, operable, understandable, and robust) and standardized success criteria at Levels A, AA, and AAA. 

WCAG 2.0 became widely referenced by government accessibility regulations, including Section 508. 

Released in 2018, WCAG 2.1 expanded accessibility guidance for mobile usability, people with low vision, and individuals with cognitive and learning disabilities. Version 2.1 added 17 new success criteria on top of the base WCAG 2.0 standard—and retains the same principles, structure, and conformance levels. 

Published in 2023, WCAG 2.2 builds on WCAG 2.1, adding guidance to better support users with cognitive disabilities, standards to improve navigation and interaction, and guidelines to remove reliance on difficult authentication methods. WCAG 2.2 adds nine new success criteria to 2.1 and removes one criterion (4.1.1 Parsing) for conformance purposes. 

As mentioned, WCAG is organized around four core principles—often summarized as POUR—perceivable, operable, understandable, and robust. 

Information must be presented in ways people can recognize and process. This includes providing text alternatives for non-text content, adequate color contrast, captions for multimedia, and adaptable layouts for different devices or assistive technologies.

Users must be able to navigate and interact with content, regardless of ability. This requires support for keyboard-only navigation, sufficient time to interact with content, clear navigation, and avoidance of visuals that may trigger a seizure. 

Content should be predictable, readable, and easy to comprehend. This includes consistent navigation patterns, clear labels and instructions, and input assistance to help avoid or correct mistakes. 

Content must be compatible with a wide range of current and future technologies—including assistive technology like a screen reader. This includes following proper coding practices and ensuring clean structure so users and their technology can accurately interpret content. 

WCAG includes three levels of conformance—A, AA, and AAA. Each level builds upon the requirements of the previous one, meaning Level AA includes all Level A criteria, and Level AAA includes all Level A and AA criteria. 

Level A establishes the minimum requirements for accessibility. These criteria address the most significant barriers that would make content completely unusable for many people with disabilities. Importantly, following Level A criteria alone is not sufficient to ensure broad usability. Most organizations aim beyond this baseline. 

Level AA is the most commonly referenced and required conformance level, aligning with most legal regulations. As mentioned, Level AA covers all Level A criteria plus additional requirements that improve usability and accessibility for a wider range of users.

Level AAA is the most comprehensive level of conformance but includes guidance that may not be applicable to every application. Level AAA includes all Level A and AA criteria plus enhanced features that provide optimal accessibility for people with a wide range of disabilities.  

While Level AAA can significantly improve the experience for many users, it is not typically required by law. Not all content can meet AAA criteria—so organizations usually treat AAA as an aspirational goal if the guidance is applicable. 

While WCAG itself is not a law, it is widely referenced by legal frameworks around the world as the technical benchmark for digital accessibility. Many countries and regions have implemented legislation that requires public—and, increasingly, private—organizations to make digital content accessible, often specifying WCAG 2.0, 2.1, or 2.2 at Level AA. 

The following is an overview of major laws that align with, or reference WCAG. 

The ADA is a U.S. civil rights law prohibiting discrimination on the basis of disability. One section, Title II, of the ADA applies specifically to state and local government entities, requiring them to provide equal access to public programs, services, and activities. Over the years, this has been interpreted to extend beyond physical spaces and include digital experiences as well—digital experiences like websites, PDFs, and mobile applications. 

In 2024, the U.S. DOJ clarified the ADA’s application to digital experiences, publishing a final rule that ADA Title II requires digital content to meet WCAG 2.1 Level AA success criteria. 
 
While Title II applies only to public-sector organizations, the ADA is frequently interpreted by courts as applying to private-sector digital experiences as well, under a different section, Title III. Courts often look to this same standard—WCAG 2.1 AA—as its compliance requirement.  

Section 508 of the U.S. Rehabilitation Act of 1973 requires federal agencies, and organizations selling digital products or services to them, to make electronic and information technology accessible. 

The U.S. government’s “508 Refresh” in 2017 aligned Section 508 with WCAG 2.0 Level AA as the official federal accessibility standard, making WCAG the foundation for compliance for websites, software, electronic documents, and multimedia. 

Although WCAG 2.1 and 2.2 are more recent, WCAG 2.0 Level AA remains the minimum mandated standard within the refreshed Section 508. 

The European Accessibility Act (EAA) is a European Union (EU) directive intended to improve the accessibility of products and services across EU member states. The EAA applies to a wide range of private-sector industries—such as e-commerce, banking, transportation, and consumer technology—mandating accessibility for digital content and services. 

The EAA references a different set of web standards—EN 301 549. However, this European standard aligns with WCAG 2.1 Level AA. 

The Accessibility for Ontarians with Disabilities Act (AODA) is Ontario Canada’s provincial legislation designed to achieve a fully accessible Ontario. It applies to public-sector organizations and most private businesses with 50 or more employees. 

Under the Information and Communications Standard of the AODA, web content must conform to WCAG 2.0 Level AA, with some exceptions (such as live captions and audio descriptions). 

WCAG serves as the foundational technical standard for digital accessibility around the world. Its role in legal compliance is critical for organizations seeking to reduce legal risk, improve usability, and ensure equitable access to information and services. 

We’ve referenced several laws that cite WCAG as the recommended standard for digital accessibility. Aligning with WCAG helps organizations demonstrate compliance and reduce exposure to legal complaints, lawsuits, financial penalties, and reputational damage. 

WCAG guidelines are designed to eliminate barriers that prevent individuals with disabilities from accessing digital content. By creating products that mee WCAG requirements, organizations ensure that users with disabilities can fully engage with online services and information.  

But WCAG practices don’t just make content accessible for users with disabilities. Following WCAG improves usability for every user by encouraging the creation of clear navigation, logical structure, readable text, and sufficient color contrast. 

A commitment to accessibility increases customer satisfaction and trust—essential for public entities serving communities and businesses aiming to expand their customer base. 

The most recent version of WCAG—WCAG 2.2 includes the most comprehensive set of standards applicable to the most advanced technology and the broadest range of disability. Even though a specific law may only require conformance with WCAG 2.0 or 2.1, Allyant consistently recommends organizations strive to follow 2.2 guidelines. By doing so, organizations will improve usability for all. They will also reduce future legal risk if laws like the AODA or Section 508 adopt the newer WCAG standards.

Allyant’s advanced software and expert-led services help organizations create websites, mobile apps, software, documents, and other digital content that meet WCAG standards  to comply with applicable global laws. To learn how Allyant’s solutions can support your organization, engage our team today.  

Frequently Asked Questions.

Because WCAG is a set of standards and not a law, organizations cannot technically comply with WCAG, so the phrase “WCAG compliance” is technically inaccurate. An organization can aim to conform with the standards and guidelines, so the correct phrase is WCAG conformance. However, these two phrases are often used interchangeably.

Achieving WCAG conformance first requires understanding your baseline—how accessible are your current products and services? Most organizations begin by assessing their websites, documents, and applications against WCAG criteria to identify issues. From there, remediation—such as fixing code, improving design, or making documents accessible—is completed to meet WCAG requirements. Validation through manual and assistive-technology testing helps ensure fixes are effective and user-friendly. To maintain conformance long-term, organizations should incorporate accessibility into design and development worflows, regularly monitor new and updated content, and train internal teams. By partnering with the accessibility experts at Allyant, we will help assess and audit, provide guidance for prioritization and remediation, validate results, and support the development of sustainable accessibility programs.

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Section 508 Compliance | Allyant https://allyant.com/compliance/section-508-compliance/ Thu, 04 Sep 2025 17:44:00 +0000 https://allyantnew.wpenginepowered.com/?p=97977 Section 508 compliance requires ICT to conform with WCAG 2.0 AA standards. It applies to U.S. federal agencies, requiring them to make their information and communication technology (ICT) accessible to people with disabilities.

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Section 508 Compliance

Section 508 compliance requires ICT to conform with WCAG 2.0 AA standards. Section 508 of the Rehabilitation Act requires federal agencies to make their information and communication technology (ICT) accessible to people with disabilities. Updated in 2017 through the Section 508 Refresh (the Revised 508 Standards), the rule harmonized U.S. requirements with the internationally recognized standards for website accessibility—the Web Content Accessibility Guidelines (WCAG 2.0) Level AA, and it added accessibility requirements for software, hardware, and electronic documents.

Importantly, the scope of Section 508 extends beyond federal agencies themselves. It also applies to any vendors, contractors, or organizations that provide digital products and services to the federal government. Whether it’s a website, mobile app, software platform, or PDF document, if it’s procured by a federal entity, it must meet accessibility standards.

  • Federal agencies: Every federal department and agency is responsible for ensuring its ICT is accessible.
  • Vendors and contractors: Companies providing software, digital platforms, or ICT products to federal agencies must comply as well. 
  • Websites and web applications
  • Mobile apps
  • Software and operating systems
  • Electronic documents (PDFs, Word, PowerPoint, Excel, etc.)
  • Multimedia content (videos, audio, webinars)
  • Hardware and IT systems (computers, kiosks, telecommunications equipment)

The Revised 508 Standards establish WCAG 2.0 Level AA as the baseline for digital accessibility. They also include requirements specific to ICT, such as software interoperability with assistive technologies and hardware accessibility features. However, while WCAG 2.0 is the legal standard, many agencies now look to WCAG 2.1 or WCAG 2.2 Level AA. These later iterations of WCAG build upon earlier versions while accounting for improvements in technology and additional disabilities. Aligning with the more recent standards will improve usability and is a recommended best practice.

There is an important overlap between Section 508 and the ADA Title II Rulemaking. That rule establishes specific accessibility standards and requirements for state and local governments in the U.S.; however, it cites a later version of WCAG:

  • Federal agencies and vendors subject to Section 508 compliance are required to create and procure ICT that meets WCAG 2.0 AA standards.
  • State and local governments subject to ADA Title II are required to create and procure products and services that meet WCAG 2.1 AA.

For organizations that are subject to both laws—such as federal entities providing state-like services or multi-jurisdictional agencies—the safest and most efficient approach is to ensure all ICT created or produced conforms with  WCAG 2.1 AA or higher. WCAG 2.1 includes every success criterion from the earlier 2.0, while adding more specific guidelines for mobile accessibility and for uses with low vision and cognitive/ learning disabilities.

Similarly, for vendors selling products or services to both federal and state customers, aligning with WCAG 2.1 (or later versions) ensures that offerings satisfy both procurement requirements and minimizes the risk of being excluded from contracts.

Procurement is central to Section 508. Federal agencies must buy, build, and maintain only ICT that conforms to the Revised 508 Standards—unless a documented exception applies.

  • Accessibility must be evaluated early in the acquisition process. Solicitations and contracts should clearly include Section 508 requirements.
  • Agencies evaluate Accessibility Conformance Reports (ACRs)—most often created using the VPAT® template—during market research and proposal evaluation.
  • Agencies may procure a non-conforming product only if no accessible option exists, and they must document the justification. Where an exception is used, agencies must provide alternative means of access so individuals with disabilities can still use the system.
  • Compliance isn’t just a box to check at purchase. Agencies are expected to ensure accessibility is maintained through updates, renewals, and integrations with other systems.

There are no phased deadlines under Section 508. The Revised 508 Standards took effect on January 18, 2018, and all new or updated federal ICT must meet them.

  • Individuals can file complaints, and remedies align with Section 504 procedures, including injunctive relief and attorneys’ fees.
  • Agencies cannot buy non-conforming ICT unless a valid exception is documented.
  • Non-compliance can force re-procurements, delay projects, or require reallocation of funds to remediation.
  • Agencies are expected to strengthen their Section 508 programs, report annually on progress, and integrate accessibility into acquisition planning and management

Allyant supports hundreds of agencies and organizations subject to Section 508 compliance. Our solution set is uniquely suited to assist with creating—and procuring—ICT that conforms to the legal standards for accessibility:

  • Production of Braille, reflowed large print, accessible PDFs, and structured text to support effective communication.
  • Support for agencies and vendors facing Section 508-related complaints, with expert analysis and documentation.

To begin your journey to Section 508 compliance, engage our team today.

Frequently Asked Questions.

Not directly. Section 508 applies to federal agencies and their vendors. However, many states have adopted Section 508 standards—or WCAG equivalents—into their own procurement rules.

Section 508 requires U.S. federal agencies, and those that do business with them, create and procure accessible ICT.

Section 504 prohibits discrimination in programs or activities receiving federal funding, including schools, hospitals, etc).

Yes. Vendors offering ICT to U.S. federal agencies are expected to provide an Accessibility Conformance Report (ACR), typically created using the VPAT.

No. The legal baseline is WCAG 2.0 AA; however, conformance with WCAG 2.1 or 2.2 AA is widely recognized as best practice.

Any ICT you provide to a U.S. federal agency must meet WCAG 2.0 AA under Section 508, while your public-facing websites and mobile apps must meet WCAG 2.1 AA under the ADA Title II rule. Following the higher standard (2.1 AA) can simplify compliance for both.

No. Automated scanners are useful for identifying common issues, but they cannot establish compliance on their own. When procuring accessible ICT, agencies commonly rely on ACRs backed by credible human testing.

A U.S. federal agency may purchase a non-conforming product only if no accessible option exists and the purchase is essential. The agency must document the exception and provide alternative means of access.

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EN 301 549 | European ICT Accessibility Standard https://allyant.com/compliance/en-301-549/ Wed, 03 Sep 2025 17:50:56 +0000 https://allyant.com/?p=98057 Learn about EN 301 549, the European accessibility standard that defines accessibility requirements for ICT.

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EN 301 549 Accessibility Standard

EN 301 549 is the European accessibility standard that defines accessibility requirements for information and communication technology (ICT), including websites, mobile applications, software, documents (such as PDFs), hardware, and support services. Developed by the European Telecommunications Standards Institute (ETSI) and other European standards bodies, EN 301 549 establishes a unified set of technical standards to ensure that digital products, documents, and services are accessible to people with disabilities.

EN 301 549 applies broadly to ICT; however, EN 301 549 is not a law itself. Similar to the Web Content Accessibility Guidelines (WCAG), EN 301 549 serves as the technical benchmark referenced by multiple European Union directives, most notably the European Accessibility Act (EAA) and Web Accessibility Directive (WAD), making it a critical standards framework for organizations operating in or selling into the European Union (EU).

EN 301 549 and WCAG are similar in that they both establish specific technical standards for accessibility. EN 301 549 incorporates WCAG by reference—currently WCAG 2.1 Level AA for web and mobile interfaces—but goes beyond WCAG. EN 301 549 includes requirements for assistive technology interoperability, non-web software, electronic documents, hardware, biometric systems, and support services such as help desks and documentation.

While the EAA allows each EU member nation to develop its own enforcement, including penalties for non-compliance, EN 301 549 sets a universal standard for accessibility—establishing clarity and encouraging consistency.

Accessibility improvements required by EN 301 549—such as keyboard operability, clear navigation, readable content, and assistive technology compatibility—benefit all users. The result is more intuitive, usable, and inclusive experiences across devices and platforms.

Many accessibility best practices align closely with SEO fundamentals, including semantic structure, descriptive links, alternative text, and logical heading hierarchies. By conforming with EN 301 549, organizations often improve digital content clarity and crawlability, which can positively influence search visibility and discoverability.

The EAA requires organizations to ensure that procured digital products and services meet accessibility requirements, not just internally developed content. Embedding EN 301 549-based accessibility criteria into procurement processes helps organizations identify accessibility gaps in third-party platforms, components, and integrations before they become compliance or operational risks. This approach improves vendor accountability, increases awareness of accessibility expectations across the supply chain, and results in clearer documentation of known issues and remediation responsibilities. Over time, stronger procurement governance reduces downstream remediation costs, minimizes legal and reputational risk, and supports more sustainable, accessible digital ecosystems.

The EU Web Accessibility Directive (WAD) requires public-sector websites and mobile applications to be accessible. EN 301 549 is the technical standard used to measure compliance with this directive. Public bodies must ensure their digital services meet EN 301 549 requirements and publish accessibility statements outlining their conformance status.

The European Accessibility Act (EAA) extends accessibility obligations to many private-sector products and services, including e-commerce platforms, banking services, e-books, and software. EN 301 549 serves as the primary technical reference for demonstrating EAA compliance, making it particularly relevant for commercial organizations operating in the EU market, or those organizations with customers in the EU.

The first step to understanding whether your ICT meets EN 301 549 standards is to conduct a comprehensive accessibility audit. This includes automated testing as well as manual evaluation—including by users of assistive technology. Audits should be conducted on websites, mobile applications, documents, and any relevant software or user interfaces.

Once non-conformant issues are identified, organizations should prioritize remediation based on risk, impact, and usage. This may involve updating code, redesigning interfaces, remediating PDFs and documents, and addressing workflow or process gaps that contribute to accessibility failures. Effective remediation often requires collaboration between developers, designers, content creators, and compliance teams.

Accessibility testing tools can accelerate compliance efforts by identifying common issues and supporting ongoing monitoring. Automated tools are valuable for scale and efficiency, while manual testing remains essential for validating usability and real-world assistive technology compatibility. Together, these tools help organizations maintain accessibility as digital content and platforms evolve.

EN 301 549 conformance includes public-facing third-party content, platforms, and integrated solutions. Organizations should identify externally sourced components that users interact with—such as recruitment systems, payment tools, customer portals, and embedded services—and evaluate their accessibility using a combination of automated testing and live assistive technology testing.

Vendors should be asked to provide accessibility documentation, such as VPATs aligned with EN 301 549, and organizations should assess the vendor’s willingness and ability to remediate identified issues. Accessibility requirements should be embedded into procurement and contract renewal processes, including documented remediation expectations and accessibility indemnification. Integrating accessibility into procurement reduces compliance risk, improves vendor accountability, and prevents third-party accessibility gaps from undermining overall conformance.

Achieving and maintaining conformance with EN 301 549 standards often requires specialized expertise that extends beyond internal capabilities. While automated tools and internal audits are valuable, they are rarely sufficient on their own to address the full scope and complexity of the standard—particularly when accessibility must be applied across websites, software, documents, and procurement workflows.

Accessibility experts, like Allyant, bring deep knowledge of EN 301 549 requirements, WCAG success criteria, assistive technology behavior, and EU regulatory expectations. We help organizations interpret technical requirements, prioritize remediation efforts, and avoid common pitfalls that can lead to noncompliance or procurement risk. Expert-led assessments also provide defensible documentation that supports audits, accessibility statements, and vendor evaluations.

By engaging experienced accessibility partners like Allyant, organizations can accelerate compliance timelines, reduce long-term costs, and embed accessibility into their digital lifecycle—from design and development to procurement and ongoing maintenance. Most importantly, expert guidance helps ensure accessibility is not treated as a one-time project, but as a sustainable, measurable program aligned with evolving EU accessibility directives.

To ensure your ICT conforms with EN 301 549, engage our team today.

Frequently Asked Questions.

EN 301 549 is the European accessibility standard that defines technical requirements for making information and communication technology (ICT) accessible to people with disabilities. While it is built on WCAG standards, it goes beyond by including requirements for non-web software, electronic documents, hardware, biometric systems, and support services such as help desks and documentation.

WCAG standards primarily focus on web and mobile content. While EN 301 549 incorporates WCAG, it extends accessibility requirements to software, documents, hardware, and support services.

The current version is EN 301 549 v3.2.1, which aligns web and mobile requirements with WCAG 2.1 Level AA.

The European Web Accessibility Directive (WAD) is an EU law requiring public sector entities to ensure their websites, mobile applications, and electronic documents are accessible. The European Accessibility Act (EAA) requires private sector entities in specific verticals to ensure their websites, mobile applications, and electronic documents are accessible. EN 301 549 is the technical standard required by both the EAA and WAD.

EN 301 549 applies to websites, mobile apps, software, electronic documents, hardware, and related ICT services—particularly those developed or procured in the European Union.

EN 301 549 and WCAG are similar in that they both establish specific technical standards for accessibility. EN 301 549 incorporates WCAG 2.1 Level AA for web and mobile interfaces, but also includes requirements for assistive technology interoperability, non-web software, electronic documents, hardware, biometric systems, and support services such as help desks and documentation.

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EAA Compliance | The European Accessibility Act https://allyant.com/compliance/eaa-compliance-the-european-accessibility-act/ Sun, 17 Aug 2025 18:45:00 +0000 https://allyantnew.wpenginepowered.com/?p=97979 Learn about the European Accessibility Act (EAA), a broad European Union (EU) law aimed at improving the availability of accessible products and services across the EU’s internal market.

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EAA Compliance

The European Accessibility Act (EAA) is a broad European Union (EU) law aimed at improving the availability of accessible products and services across the EU’s internal market. It covers key consumer-facing sectors including finance, transportation, e-commerce, telecommunications, and digital media. EAA compliance is achieved by meeting the requirements of EN 301 549, the harmonized European accessibility standard. EN 301 549 incorporates the Web Content Accessibility Guidelines (WCAG 2.1 Level AA) as the baseline for digital content accessibility, covering websites, mobile apps, software, and electronic documents.

The EAA applies to organizations in specific consumer-focused sectors across the EU. These include:

  • Online banking platforms, ATMs, and digital communications from financial institutions
  • Online stores and platforms that enable consumer purchases or contracts
  • Air, rail, bus, and maritime passenger services (including booking websites and electronic tickets)
  • Phone and internet service providers, messaging platforms, and customer account portals
  • Television broadcasting services, video streaming platforms, and related digital interfaces
  • E-books and associated reading applications or devices
  • Hardware and software such as computers, smartphones, self-service kiosks (e.g., ticket machines or ATMs), and operating systems

The EAA requirements cover a wide range of content and services that must be accessible. For example, it applies to:

  • Websites and mobile applications
  • Electronic documents (e.g., PDFs, invoices, contracts, manuals)
  • Software user interfaces
  • Multimedia content (including videos and audio)
  • Self-service terminals (such as ATMs, point-of-sale systems, ticketing machines, and information kiosks)
  • Product information, including packaging, labels, and user instructions
  • Customer service communications and support channels (help desks, call centers, etc.)

The EAA relies on EN 301 549 as the official European standard for accessibility compliance. EN 301 549 incorporates WCAG standards, specifically WCAG 2.1 Level AA, as the minimum benchmark for accessible web content, software, and electronic documents. It also includes additional requirements for hardware and devices—for example, compatibility with assistive technologies, tactile indicators on keypads, and auditory feedback for kiosks or ATMs.

While the more recent WCAG 2.2 is not yet mandated by the EAA or EN 301 549, Allyant recommends adopting it as a forward-looking best practice.

The primary compliance deadline for the EAA was June 28, 2025. By that date, all new products and services introduced to the EU market were required to meet the Act’s accessibility requirements. Key transitional provisions include:

  • Products first placed on the market before June 28, 2025 may continue to be sold until June 28, 2030 without retrofitting
  • Services offered to the public before June 28, 2025 may continue as-is until June 28, 2030, depending on each member state’s implementation of the rules
  • Terminals already in service before 2025 (e.g., ATMs, ticket kiosks) can remain operational until the end of their life cycle (potentially up to around 2045)
  • Businesses with fewer than 10 employees and under €2 million annual turnover are generally exempt from certain requirements of the EAA’s services provisions, subject to national regulations.

Each EU member state is responsible for enforcing the EAA, and penalties for non-compliance vary by country. They are intended to be “effective, proportionate, and dissuasive.” Consequences for non-compliance may include:

  • In some jurisdictions, fines can reach substantial amounts (hundreds of thousands of euros) for serious violations.
  • Actions may include orders to cease non-compliant practices or to remediate accessibility issues.
  • For example, an organization may be disqualified from government procurement opportunities due to non-compliance.
  • Authorities may publicly disclose violations, which can negatively impact an organization’s brand and customer trust.

Allyant provides targeted solutions to help organizations meet their obligations within the European Accessibility Act:

We assess websites, mobile apps, and software against WCAG 2.2 Level AA criteria (exceeding the EN 301 549 baseline requirements). Our accessibility audits include both automated and manual testing. And our audit platform delivers detailed results, actionable insights, and real-time guidance to help resolve issues and maintain compliance over time.

We evaluate digital document repositories to identify which files need to be remediated and which can be archived. Our remediation services ensure that PDFs and other documents are fully accessible (screen-reader compatible) and conform to WCAG guidelines and PDF/UA standards.

We produce accessible alternative formats such as braille, reflowed large print, accessible PDFs, audio files, and structured text. This service helps organizations meet the EAA’s requirements for effective communication, ensuring that end-users can receive information in a format that meets their needs.

We review third-party tools and platforms for accessibility prior to procurement or integration, ensuring vendor technologies align with EN 301 549 criteria.

We audit software and digital products and provide comprehensive Voluntary Product Accessibility Templates (VPATs) to help vendors demonstrate their accessibility compliance.

f an organization faces accessibility-related complaints or legal action, Allyant’s Accessibility Claims Team offers expert analysis and documentation to assist legal counsel.

If you’re ready to meet EAA compliance requirements, we’re ready to help. Engage our team today.

Frequently Asked Questions.

The EAA is an EU-wide law that requires certain industries (e.g., banking, e-commerce, transportation) to meet accessibility standards by June 28, 2025. It mandates compliance with the technical standard EN 301 549, which incorporates WCAG 2.1 Level AA. In contrast, the Americans with Disabilities Act (ADA) is U.S. civil rights legislation that does not specify a detailed technical standard for digital content; compliance is shaped by court rulings and regulatory guidance.

The EAA is a legal mandate in the EU that imposes accessibility requirements on certain products and services, whereas WCAG (Web Content Accessibility Guidelines) is a technical standard developed by the W3C. To comply with the EAA, organizations must meet the criteria of EN 301 549, which references WCAG 2.1 Level AA.

Yes. Any organization that offers products or services within the EU must comply with the EAA, regardless of where the business is headquartered. This includes ensuring your websites, mobile apps, digital documents, and other technologies meet the EN 301 549 accessibility requirements.

EAA compliance is generally assessed using the Web Content Accessibility Guidelines (WCAG) 2.1, since the EAA standard–EN 301 549–incorporates WCAG. Using scanning technology is a great place to start to check your website’s WCAG conformance. These automated tools can help identify many common issues. However, for a thorough evaluation, it’s important to complement automated scanning with manual review.

The primary compliance deadline for the EAA was June 28, 2025. By that date, all new products and services introduced to the EU market must meet the Act’s accessibility requirements.

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AODA Compliance | The Accessibility for Ontarians with Disabilities Act https://allyant.com/compliance/aoda-compliance-the-accessibility-for-ontarians-with-disabilities-act/ Fri, 18 Jul 2025 18:12:00 +0000 https://allyantnew.wpenginepowered.com/?p=97989 The AODA was enacted to make Ontario fully accessible by 2025, setting mandatory standards that apply to public and private sector organizations. 

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AODA Compliance

The Accessibility for Ontarians with Disabilities Act (AODA) is a landmark Ontario law designed to create a barrier-free province for people with disabilities. The AODA was enacted to make Ontario fully accessible by 2025, setting mandatory standards that apply to public and private sector organizations. 

The AODA contains several accessibility standards, one of which is specific to creating accessible communication—the Information and Communications Standard. Within the Information and Communications Standard, organizations must ensure that their websites and web content meet WCAG 2.0 Level AA. Although the regulation does not explicitly name PDFs or other downloadable documents, they are widely understood to fall under the umbrella of “web content” and are therefore expected to meet the same accessibility requirements. For printed or offline materials, organizations must provide accessible formats or communication supports upon request. 

As mentioned, the Information and Communications Standard of the AODA requires that all web sites and web content be accessible for people with disabilities. This may include: 

  • Websites and web applications 
  • Third-party content and applications hosted on a covered entity’s web site 
  • Mobile applications 
  • PDFs and downloadable documents 

The standard also requires that organizations provide alternate formats of printed materials, such as statements, brochures, and notices upon request, in a timely manner, and at no additional cost to the user. The format must take the person’s disability needs into account—whether large print, braille, audio format, or other—and the definition of a “timely manner” varies based on the format requested, the volume, and the complexity of the request. 

The AODA applies to organizations that operate in Ontario—whether through employees, physical locations, or public sector obligations. For organizations based outside Ontario, the law is less explicit. However, if you provide digital products or services to Ontarians—such as through a website, app, or downloadable content—there’s a growing expectation that your digital communications meet AODA-aligned accessibility standards like WCAG 2.0 Level AA. 

Proactively aligning with these standards not only reduces legal and reputational risk—it also demonstrates leadership, improves the user experience for all customers, and positions your organization to do business confidently with public- and private-sector clients across Ontario.  

All levels of government in Ontario — including provincial ministries, municipalities, hospitals, universities, colleges and public transit operators—fall within AODA obligations as public-sector organizations. These organizations are required to develop and post multi-year accessibility plans, train their staff, and submit accessibility compliance reports (typically every two years). 

Businesses and nonprofits with 50 or more employees subject to AODA must meet stated digital accessibility standards and file regular accessibility compliance reports. 

Businesses and nonprofits with 1–49 employees must still meet accessibility requirements—such as providing accessible information upon request—but have fewer formal reporting obligations. 

Even if your company isn’t based in Ontario, you may still remain subject to the AODA requirements if: 

  • You sell products or services to Ontario residents, 
  • Your website or online content targets Ontarians, or 
  • You’re a vendor, partner, or supplier to an Ontario public-sector organization that must ensure its supply chain meets accessibility standards. 

Within the Information and Communications Standard, websites and web content must conform to the Web Content Accessibility Guidelines—or WCAG 2.0 Level AA (although a newer version of WCAG is recommended). WCAG is a set of globally accepted web accessibility standards often cited in laws like the AODA. The number associated with WCAG—2.0, for example — indicates the version of the WCAG standards. Version 1.0 was the first; 2.2 is the most recent. The Level indicated by A, AA, or AAA, indicates the conformance level, with A representing minimum conformance, and AAA representing the maximum. 

The Ontario government’s target was a fully accessible province by 2025, with specific digital compliance milestones: 

  • January 1, 2021 was the deadline for organizations of any size and private-sector organizations with 50 or more employees to ensure their public-facing web content meets WCAG 2.0 Level AA success criteria. 
  • Accessibility must be maintained and improved continuously as content evolves. To demonstrate this ongoing commitment, all businesses and nonprofits with 20 or more employees are required to file an accessibility compliance report with the government. The first deadline was 2023; the next deadline will be December 31, 2026. 

A commitment to accessibility is a commitment to removing barriers for people with disabilities, including those who rely on assistive technology to interact with content.  However, accessible content improves the experience for all users. Take, for example, providing a clear structure when creating web content—including proper headings and logical reading order. Proper structure helps every user find information more quickly, and supports comprehension. 

Accessible content is search friendly. Structuring web content for accessibility improves discoverability, SEO ranking, and ultimately user engagement.  

By achieving AODA compliance with the Information and Communications Standard, your organization reduces exposure to legal complaints, enforcement action, and fines while meeting public expectations for inclusion and social responsibility.  

Non-compliance with AODA can lead to significant financial penalties enforced by the Government of Ontario. Financial penalties may include daily fines of up to $100,000 per day for corporations or $50,000 per day for individuals. 

Beyond financial risk, non-compliance can result in reputational damage, public scrutiny, and loss of public and consumer trust.  

The first step toward compliance is understanding your current accessibility status. Conduct a comprehensive audit of your websites, applications, PDFs, and communication materials to identify barriers and prioritize remediation. 

Work with an accessibility expert, like Allyant to help prioritize and fix accessibility issues efficiently—whether it’s updating code, correcting PDFs, or creating a process by which users can request and receive alternative formats of communications that meet their needs. 

Accessibility is ongoing. Ensure your teams have access to expert training to keep up with evolving WCAG standards as new content is created. And ensure your entire organization understands how to incorporate accessibility into their individual workstreams, making it a foundational element of product and content creation.  

Allyant’s comprehensive suite of services and solutions supports organizations in meeting AODA compliance requirements. Our breadth of solutions ensures that every form of communication—web content, digital documents, and printed materials—is accessible and compliant. From WCAG-aligned website and application audits to industry-leading PDF accessibility tools and expert remediation, as well as production of alternative formats such as braille and reflowed large print, Allyant delivers the expertise and support needed to remove barriers, respond to accessibility requests, and maintain ongoing compliance with the AODA. 

If you’d like more information about how to ensure your communications are AODA compliant, engage our team today.  

Frequently Asked Questions.

Yes. The AODA applies to any organization, regardless of where it’s based, if they offer goods or services to anyone living in Ontario. It also applies to any organization, regardless of where it’s based, if that organization has employees in Ontario.

Conformance with the Information and Communications Standard of the AODA requires organizations ensure that their websites and web content meet WCAG 2.0 Level AA standards (excluding the success criteria for audio descriptions and live captions). The AODE does not explicitly name PDFs or other downloadable documents, but those types of documents are understood to fall under the umbrella of “web content” and are therefore expected to also conform with WCAG 2.0 AA standards. For printed or offline materials, organizations must provide accessible formats or communication supports upon request.

The AODA is specific to organizations based in Ontario, who have employees in Ontario, or who provide goods or services to Ontarians. The AODA may apply to either public or private sector organizations.

The Accessible Canada Act—or ACA—is federal legislation that applies only to federally regulated organizations no matter where they are located in Canada. The ACA does not apply to private organizations that are not federally regulated.

The AODA and the ACA are also based on different digital standards. The AODA requires conformance with WCAG 2.0 AA, while the ACA requires conformance with a more updated version of WCAG—WCAG 2.1 AA.

Additional differences include the type of content subject to each law, the deadlines for compliance, penalties for non-compliance, and enforcement bodies.

Organizations of any size and private-sector organizations with 50 or more employees must ensure their public-facing web content meets WCAG 2.0 Level AA success criteria. The deadline for conformance was January 1, 2021.

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ADA Compliance | The Americans with Disabilities Act https://allyant.com/compliance/compliance-ada/ Sat, 17 May 2025 16:40:00 +0000 https://allyant.com/?p=97959 What is ADA Compliance?  The Americans with Disabilities Act (ADA) is a U.S. civil rights legislation that prohibits discrimination against people with disabilities. To ensure your website, mobile application, software, […]

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ADA Compliance

The Americans with Disabilities Act (ADA) is a U.S. civil rights legislation that prohibits discrimination against people with disabilities. To ensure your website, mobile application, software, or other digital experience is ADA compliant means you’ve designed and built that experience in a way that accommodates the unique needs of people with disabilities–including those who are blind or have other visual impairments like low vision, who are deaf, hard of hearing, have physical or mobility issues, learning difficulties, cognitive disabilities, and more.  

However, the ADA was written into law in 1990, before the prevalence of the internet and today’s dependency on digital communication, so ADA compliance from a digital experiences perspective can be confusing.  

The ADA is widely recognized as one of the world’s first and most comprehensive civil rights laws protecting people with disabilities. The law serves as the legal backbone for U.S. accessibility-related policies, standards, and court decisions.  

When it comes to some forms of communication, the ADA is clear in its requirements. For example, the law requires organizations provide “effective communication.” This means organizations must provide alternative formats of documents upon request, which may include accessible PDFs, large print documents or braille documents—to ensure individuals with disabilities can fully engage with digital and printed content alike.  

But here’s where the ADA gets less clear.  

Its passage predates modern digital technologies—like websites, mobile apps, software, and PDF documents. However, the law has proven remarkably adaptable. Despite not including language that specifically references the accessibility of digital communications, through its provisions in two specific sections,  Title II and Title III, the ADA has been interpreted by courts and federal agencies to apply to these digital environments, going a long way to ensure new technologies remain accessible for all.  

The types of organizations required to uphold ADA requirements is stipulated by Titles II and III.  

Title II of the ADA applies to state and local government entities—including agencies, programs, and special-purpose districts—as well as third-party vendors delivering services on their behalf. Within Title II, these public-sector organizations and their vendors are required to ensure that their programs and communications are accessible to individuals with disabilities.  

In early 2024, the U.S. Department of Justice (DOJ) doubled down on Title II and its application to digital content. The DOJ issued new regulations for Title II entities, making clear the types of digital communications that must be accessible. These include websites, web applications, mobile apps, and conventional electronic documents. The rules also establish a technical standard, WCAG 2.1 AA, and a compliance timeline, giving public-sector entities a definitive roadmap for meeting accessibility obligations. We discuss the standards and deadlines in more detail later in this piece.  

Title III of the ADA applies to private businesses—regardless of the industry. Specifically, ADA Title III prohibits discrimination based on disability in “places of public accommodations.” From retail stores and restaurants to banks and tech companies, if yours is a private entity providing goods or services to the public, you’re expected to comply with Title III’s accessibility requirements.  

However, unlike Title II and the DOJ’s clarification of its application to digital experiences, Title III currently lacks comparable regulations. Instead, its application to digital content has been developed through case law and court rulings—based on the interpretation of “places of public accommodations.” While not all courts agree that digital experiences like websites and mobile apps constitute “places of public accommodation,” many courts do. This inconsistency in interpretation has resulted in a legal patchwork across jurisdictions.  

But despite this patchwork, enforcement actions that do take place under Title III commonly target organizations that operate public-facing websites, mobile apps, and those who produce electronic documents.  

The DOJ’s recent Title II rule establishes the globally accepted Web Content Accessibility Guidelines (WCAG) as the official technical standard for accessible digital content. WCAG is essentially a library of success criteria organizations are required to meet to ensure their content is accessible. Over the years, WCAG has been published in several versions, 1.0, 2.0, 2.1, and 2.2. These versions build upon one another, adding more success criteria as technology has evolved. Within those versions, WCAG also lists success criteria at three levels—A, which is the minimum conformance requirement; AA, which is the standard for legal compliance in many instances; and AAA, which is the highest standard of conformance, but, in some cases, specific criterion may not be applicable. At each level, the criterion are backwards compatible and build upon one another, so conformance with AA means you’ve also conformed with the standards in A.  

In the instance of the DOJ’s Title II rulemaking, organizations are to follow WCAG 2.1 AA standards for compliance. This clarity provides state and local governments—and their vendors—with a clear, enforceable benchmark.  

Title III, by contrast, has no formal rule specifying a technical standard. However, in practice, courts have also consistently pointed to WCAG 2.1 AA as the baseline for compliance. However, more recently, we’re seeing a shift: legal complaints, court decisions, and settlement agreements are beginning to cite the more recent WCAG 2.2 AA as the new bar for accessibility.  

At Allyant, we recommend that all organizations adopt WCAG 2.2 AA. Doing so not only aligns with emerging legal expectations, but also future-proofs your content while ensuring backward compatibility with WCAG 2.1 AA requirements—especially critical for Title II entities.  

The DOJ’s new Title II rulemaking includes clear timelines for compliance. Covered entities must meet the specified technical standards by either April 2027 or April 2028, depending on the size of the population they serve. This phased approach gives public-sector organizations a defined window to bring their digital content into alignment with WCAG 2.1 AA.  

Entities covered by Title III, meanwhile, are not bound by a formal compliance deadline—because no official technical standard has been codified in the law. However, the absence of a set timeline does not protect private businesses from legal exposure. Many organizations have already faced lawsuits from individuals with disabilities who were denied access to websites, mobile apps, or electronic documents.  

Entities that fail to meet their obligations under the ADA can face a range of penalties that vary based on whether the violation falls within Title II or Title III.  

Within Title II, non-compliance can result in legal action brought by individuals or the DOJ. Courts may issue orders requiring corrective action to ensure accessibility. Financial penalties can also apply, with fines up to $75,000 for a first violation and up to $150,000 for subsequent violations. Public entities risk losing federal funding if they fail to provide accessible services, and they may also face reputational harm and operational disruptions if accessibility improvements are forced under time-sensitive or legal pressure.  

Two prominent Title II court cases include:  

  • U.S. v. State of Alaska (2024): The DOJ found that Alaska violated Title II by failing to provide accessible voting options for individuals with disabilities, including inaccessible polling places and election websites. The state was required to implement corrective measures to ensure equal voting access. 
  • League of Women Voters v. Frank LaRose (2024): Plaintiffs challenged Ohio’s law restricting who may assist voters with disabilities in absentee voting, alleging it violated Title II of the ADA. The DOJ supported the plaintiffs, emphasizing that voters with disabilities have the right to assistance from a person of their choice.  

Within Title III, while private individuals cannot recover monetary damages in lawsuits brought solely under the ADA, they may still seek injunctive relief to remove accessibility barriers. And recent data from Seyfarth Shaw LLP indicates a resurgence in ADA Title III litigation. In 2024, plaintiffs filed 8,800 ADA Title III complaints in federal district courts, marking a 7-percent increase from 2023 and more than triple the number of filings in 2013. This uptick follows a two-year decline, suggesting renewed momentum in accessibility-related legal actions. Notably, California regained its top position with 3,252 filings, a 37-percent increase over 2023, while New York and Florida followed with 2,220 and 1,627 cases, respectively. These trends underscore the importance for entities to proactively address accessibility compliance to mitigate legal risks and ensure inclusivity. 

Additionally, the DOJ can pursue Title III enforcement actions that include civil penalties—also up to $75,000 for a first violation and $150,000 for later ones—and may obtain compensatory damages for affected individuals.  

Further, plaintiffs can pair ADA claims with state or local non-discrimination laws—such as California’s Unruh Civil Rights Act or the New York City Human Rights Law (NYCHRL)—which do allow for monetary compensation. As a result, businesses can face substantial financial liability even in cases where the federal ADA alone would not provide for damages.  

 Examples of high-profile Title II cases include:   

  • National Federation of the Blind v. Target Corp. (2006): The plaintiffs alleged that Target’s website was inaccessible to blind users, violating the ADA and California’s Unruh Civil Rights Act. The case settled with Target agreeing to pay $6 million to the California class and to make its website accessible.  
  • Access Now, Inc. v. Southwest Airlines Co. (2002): Plaintiffs claimed that Southwest’s website was inaccessible to visually impaired users. The court ruled that the ADA did not apply to websites not connected to a physical place of public accommodation, highlighting the legal complexities of digital accessibility under Title III.  

In both contexts, non-compliance can carry significant financial, legal, and reputational consequences—making accessibility a critical area for risk management and public accountability.  

Allyant offers a suite of targeted solutions to help organizations meet their responsibilities within the Americans with Disabilities Act—whether covered by Title II, Title III, or both:

Allyant performs in-depth accessibility audits of websites, mobile apps, and software against WCAG 2.2 AA. Our software platform houses audit results, scanning technology, and access to tools and expert support for ongoing accessibility. We help organizations ensure alignment with both current Title II regulations and evolving Title III expectations, giving them a future-ready accessibility posture.  

We help organizations inventory and assess the accessibility of their electronic documents, identifying which can be archived and which must be remediated. This approach streamlines compliance efforts—particularly important for Title II entities and organizations subject to the HHS accessibility regulations requiring accessible digital documents.  

Allyant provides accessible formats such as braille, reflowed large print, accessible PDFs, and more, supporting ADA requirements for effective communication and reasonable accommodations across all sectors.  

Whether evaluating new software or reviewing tools already in use, Allyant helps ensure the third-party software and products you’re integrating meet accessibility standards. This is critical for Title II entities, as the DOJ rule explicitly holds them accountable for the accessibility of third-party services used to deliver public programs. For example, if a city uses an inaccessible third-party parking app, the city—not the vendor—is legally responsible.  

We also support digital product providers, auditing their software and delivering a completed Voluntary Product Accessibility Template (VPAT) to demonstrate the product’s state of accessibility.   

If you’re faced with a lawsuit, demand letter, or legal complaint related to accessibility, Allyant’s Accessibility Claims Team can support your legal counsel by providing expert analysis of the issues raised. We help clarify where accessibility gaps exist and their real-world impact on users with disabilities.  

Frequently Asked Questions.

Understanding what qualifies as a reasonable accommodation in the digital space can be complex—especially for private organizations governed by Title III of the ADA. What’s considered “reasonable” may vary based on the user’s disability, the organization’s resources, the type of content involved, and more. In some cases, accommodations accepted for one organization may not be considered sufficient for another.

Common digital accommodations include:

  • Offering an accessible, alternative version of the content.
  • Providing a direct way for individuals with disabilities to request assistance.
  • Using third-party tools, widgets, or services to facilitate access.

That said, relying on accommodations, instead of building accessibility into your digital assets, can lead to user frustration, higher costs, and potential legal risk. Proactive accessibility is more effective, more cost effective—and often more defensible.

Whether your website needs to be ADA compliant technically depends on the nature of your organization:

  • Entities covered by ADA Title II (e.g., state and local governments) are required to make their websites conform with WCAG 2.1 AA by April 2026 or April 2027, depending on population size.
  • Entities covered by ADA Title III (private businesses) are not bound by a specific regulation, but most courts have ruled that websites, mobile apps, software, and digital documents used by the public are covered under the ADA as “places of public accommodation.” That means you could be subject to lawsuits, DOJ investigations, or civil penalties if your website is not accessible.

Beyond legal obligations, we believe every user has the fundamental right to interact with information in a way that meets their unique needs, so we encourage every organization to prioritize accessibility.

“ADA compliance” for websites is generally assessed using the Web Content Accessibility Guidelines (WCAG). Most commonly, testers use the current version of WCAG—2.2 at the AA level. Using scanning technology is a great place to start to check your website’s WCAG conformance. These automated tools can help identify many common issues. However, for a thorough evaluation, it’s important to complement automated scanning with manual review.

Perfect compliance is tough to achieve for any dynamic website—especially because web content constantly changes.

Instead of chasing 100-percent ADA compliance, Allyant encourages organizations to first focus on removing critical barriers that prevent people with disabilities from completing the journey they set out to complete—shopping for and purchasing a product—for example. And the best way to evaluate real-world usability, to prioritize fixing any accessibility issues, is through testing conducted by people who have disabilities.

The most effective way to align your website with ADA requirements is to ensure it meets the WCAG 2.2 AA standard. This version and level of WCAG provides a clear and widely accepted benchmark for digital accessibility.

Similar to websites, digital documents should conform to WCAG 2.2 AA. This includes proper tagging, reading order, alternative text for images, and other accessibility features that make documents usable with assistive technologies.

The ADA does not apply to Canadian-based entities. Instead, Canadian organizations must follow laws like the Accessible Canada Act (ACA) or the Accessibility for Ontarians with Disabilities Act (AODA). The good news? All of these laws use WCAG as their foundation. If your site conforms to WCAG 2.2 AA, you’re in a strong position to meet U.S., Canadian, and other global legal requirements.

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