Greg McNeil, Author at 216digital

Will the EAA Really Affect U.S. Businesses?
If you’re a U.S.-based e-commerce entrepreneur, website owner, or digital compliance professional, you’ve probably heard of the European Accessibility Act (EAA). This legislation aims to standardize accessibility requirements across the European Union (EU), impacting everything from e-commerce and banking to transportation. At first glance, it may seem like yet another global regulation lurking on the horizon. But here’s the good news: for most U.S. businesses, the EAA is far less of a legal threat than you might think.

While there’s been chatter that EAA-related fines could reach American shores, practical realities—like jurisdiction limits and the complexities of cross-border enforcement—mean it’s unlikely to affect you unless you have a substantial European footprint. Still, that doesn’t mean you should shrug off accessibility. Stateside, legal obligations are mounting quickly, and both federal and state-level regulations on web accessibility are gaining traction. In fact, ADA lawsuits connected to digital accessibility are soaring, putting genuine pressure on U.S. businesses to ensure inclusivity.

In this article, we’ll take a closer look at why the EAA probably won’t keep you up at night if you’re mostly serving U.S. customers. We’ll also explore why your real focus should stay on meeting domestic accessibility requirements—and how investing in accessibility can not only protect you from legal headaches but also help you reach new customers.

The EAA and Its Scope

At its core, the EAA is designed to make sure products and services in the EU are accessible to people with disabilities. Think of it as a catch-all that covers a wide range of areas, including:
- Websites and Mobile Apps: E-commerce sites and other digital platforms should be compatible with assistive technologies like screen readers, offering clear, user-friendly layouts.
- Financial Services: Online banking platforms must be workable for people with visual, mobility, or other impairments.
- Transportation Services: Booking and ticketing systems should be built with inclusive design principles in mind.
Although these rules zero in on European markets, any company that aggressively sells to EU residents might need to comply. The bottom line: if you’re physically located in the EU or do a significant amount of business there, you’re on the EAA’s radar. But if you’re a small U.S. boutique that only very occasionally ships overseas, the likelihood of direct EAA enforcement is pretty slim.

Application to U.S. Businesses

Let’s say you’re a U.S.-based e-commerce owner who sells mostly to Americans. The odds are that you won’t need to stress about the EAA in a strict sense. If 95% of your customers are stateside, EU regulators won’t have much reason to come knocking. On the other hand, if you’ve set up localized sites for different European countries, handle EU shipping logistics, or run targeted campaigns in Europe, then yes, the EAA becomes more relevant.

In short, the EAA matters most to companies that are genuinely active in Europe. If that’s not you, you can breathe a little easier—but remember that web accessibility is still a big deal in the U.S.

The Limited Reach of EAA Enforcement in the U.S.

Cross-Border E-Commerce Engagement

One of the main reasons the EAA might not impact smaller American businesses is the nature of cross-border e-commerce itself. While online selling is global in principle, a lot of U.S. companies still cater primarily to domestic buyers. In fact, about 25% of North American e-commerce is cross-border; that leaves 75% as local, and a stronger domestic focus typically means lower risk of EU regulatory scrutiny.

If you’re not set up for international shipping or don’t localize your site for EU customers, you’re even less likely to get attention from European authorities. An occasional European sale here or there usually won’t land you under the EAA umbrella.

Challenges in International Enforcement

The EU can’t just wave a wand to enforce its laws on businesses located in other countries; it needs legal jurisdiction and international cooperation. Historically, European regulators tend to target bigger players—those with a notable EU presence and significant resources—rather than chasing smaller American businesses that ship an item or two overseas.

Potential Business Responses

Some companies respond to foreign regulations like the General Data Protection Regulation (GDPR) by blocking traffic from EU regions altogether. While that certainly sidesteps EAA compliance, it also shuts the door on potential European customers. Another approach is adopting accessibility best practices proactively. Even if you never hear from EU regulators, making your site inclusive can keep you safe from domestic lawsuits and win you new fans at home and abroad.

Why EAA Compliance May Not Be a Top Priority for U.S. Regulators

GDPR Enforcement as a Precedent

When the GDPR went live in 2018, a lot of U.S. businesses scrambled to post cookie consent banners or even block European visitors. Over time, though, we saw that heavy fines usually targeted giants like Meta and Google—companies that clearly operate in the EU. Most smaller U.S. entities, especially those without a European presence, didn’t face the same scrutiny.

The EAA will follow a similar pattern. Regulators will focus first on the big fish: major corporations that do a lot of business in Europe. If you’re not among them, your risk goes down considerably.

Focus on EU-Based Entities

Enforcement agencies work most effectively with entities physically or legally based in the EU. If you’re a mid-size American seller without any EU office or significant European operations, you’re unlikely to draw regulator attention. This doesn’t mean zero risk—it just means the probability is low compared to the very real possibility of an ADA lawsuit in the U.S.

The Real Risk: U.S. Web Accessibility Laws & State-Level Legislation

ADA and Web Accessibility Lawsuits

While the EAA might sound intimidating, the Americans with Disabilities Act (ADA) is the real concern for many U.S. businesses. In 2023 alone, over 4,600 ADA-related web accessibility lawsuits were filed in the U.S., most notably in states such as New York, Florida, and California.

These lawsuits often ask questions like:
- Is your website easily navigable with a screen reader?
- Do you have captions for your videos?
- Can users complete a purchase using only a keyboard?
Lacking these features can land you in hot water, resulting in demand letters, lawsuits, and potentially hefty legal costs. Even if you avoid a lawsuit, states like California and New York are increasingly pushing for stricter rules around digital accessibility. If you have customers in these states, you can’t afford to ignore these developments.

The Imperative of Web Accessibility

Accessibility is more than a legal shield—it’s also good business. Almost one in four adults in the U.S. lives with some form of disability, which means making your website inclusive can significantly broaden your audience. On top of that, accessible sites often provide a smoother overall user experience and align well with search engine optimization (SEO) best practices.

Focus on What Really Matters for U.S. Businesses

The EAA is critical for businesses with a genuine stake in EU markets, but if your customer base is mostly American, the EAA probably won’t become your biggest legal headache anytime soon. EU regulators usually set their sights on larger players with a visible European footprint, so a small U.S. business with minimal European sales isn’t high on their list.

Prioritizing Domestic Compliance

Instead of stressing over the EAA, channel your energy into meeting domestic accessibility standards. ADA lawsuits and state-level rules in the U.S. are ramping up, and that’s where your real vulnerability lies. By aligning with ADA guidelines and the Web Content Accessibility Guidelines (WCAG), you minimize the risk of legal trouble here at home.

Benefits of Accessibility

Beyond reducing legal risks, accessibility has plenty of other perks:
- Better User Experience: A clean, inclusive layout helps everyone.
- Bigger Audience: You’ll welcome people with disabilities, which is a sizable market segment.
- Stronger Brand Reputation: Consumers appreciate businesses that take inclusivity seriously.
- SEO Boost: Search engines favor structured, easy-to-navigate websites.
Protect Your Business Where It Counts Most

It’s easy to feel overwhelmed by headlines about the EAA and worry that European regulators might suddenly target American businesses. However, realistically, their enforcement focus is primarily on companies with strong ties to the EU. If you’re mostly selling to an American audience, the European Accessibility Act shouldn’t keep you up at night.

Instead, put your energy where it matters most—your website’s domestic accessibility. ADA compliance is not just about avoiding lawsuits; it’s an opportunity to connect with a broader audience and build a more inclusive, trustworthy brand.

If you’re unsure where to start or want to ensure your business is fully protected and accessible, reach out to our team at 216digital. Our experts will help you identify your accessibility gaps, guide you through compliance, and ensure your site delivers an inclusive experience for everyone.

Don’t wait until accessibility becomes an emergency—contact 216digital today and get ahead of the curve.
Greg McNeil

March 12, 2025

Legal Compliance

Accessibility, accessibility laws, EAA, European Accessibility Act, Legal compliance, Web Accessibility, Website Accessibility
How to Make Mega Menus More Accessible
A mega menu is typically a large, two-dimensional panel that appears when a user interacts with a top-level navigation item. It’s often used by eCommerce stores or websites with many different product categories or content sections. Because it can display a wide variety of links in a single view, a mega menu helps visitors explore your site quickly—no endless drilling down into submenus.

But here’s the catch: while mega menus make navigation simpler for many users, they can also create barriers for some. For example, hover-triggered mega menus might be useless for someone relying on a keyboard. Or, if the menu isn’t properly labeled, a screen reader user might get stuck in a confusing loop of unlabeled links.

These barriers matter because web accessibility is not just about following rules—it’s about ensuring everyone can use your site. If you leave people out, you risk alienating customers who want to purchase your products or read your content. So, let’s dive into some common accessibility issues and how to fix them.

Overcoming Common Accessibility Challenges

Improving Hover Functionality

Most mega menus open when you hover your mouse over the navigation item. However, hover-based menus can cause big problems for keyboard users (or anyone who can’t use a mouse).
- Inaccessible for Keyboard Users: People who navigate with the keyboard use the Tab key to move from link to link. If a menu only opens on hover, these users can’t open the submenu.
- Overly Sensitive Interactions: Sometimes, mega menus can pop open or shut at the slightest movement of your mouse. This makes them frustrating to use for everyone.
- The “Diagonal Problem”: If you move the mouse at an angle, you can sometimes trigger submenus you didn’t intend to open.
Best Practice: Use a click to open the submenus instead of relying on hover. This way, both mouse and keyboard users have a more predictable experience. A click is a clearer signal of intention, reducing accidental openings or closings.

Making Menus Easy to Close

A menu that’s hard to dismiss can trap users, especially if it covers a large portion of the screen. On the other hand, a menu that closes too quickly can frustrate users who accidentally hover away for a split second.

Solutions:
1. Escape Key Support: Let users close the menu by pressing the Escape key. This is a standard expectation in many UI patterns and helps keyboard users exit quickly.
2. Delayed Closing: If you decide to keep some hover functionality, add a slight delay before the submenu disappears. This grace period prevents the menu from closing by mistake if a user’s pointer drifts outside the panel for a moment.
Enhancing Keyboard Accessibility

Logical Keyboard Navigation

Keyboard navigation is a critical part of web accessibility. You want the user’s Tab key presses to move in a clear, intuitive order:
1. First Tab: Highlight the first top-level navigation item.
2. Enter Key: If the focused top-level item has a submenu, pressing Enter opens that submenu. Pressing Enter again on any submenu item activates the link.
3. Tab Within a Submenu: Moves focus to the next item in the submenu.
4. Escape Key: Closes the submenu and returns focus to the parent menu item.
5. Shift + Tab: Moves backward through the items, letting users navigate in reverse.
This logical flow ensures that people who rely on the keyboard won’t get lost or stuck.

Providing Clear Focus Indicators

When users press Tab, they should be able to see exactly which menu item is highlighted. This means using visible focus indicators:
- A change in background color, an underline, or a bold outline helps users quickly spot the focused item.
- Make sure the color contrast meets accessibility guidelines. Avoid using color alone—some users might not see color differences clearly. An underline or border is a more reliable visual cue.
Optimizing Screen Reader Support with ARIA

Choosing the Right ARIA Roles

Using role= "menu" for all navigation is a common mistake introduced in development. This role should only be used if your navigation behaves like a desktop application menu. For most website mega menus, it’s better to use simpler roles.

Recommended roles and attributes:
- role= "navigation": Declares that this section is a navigation landmark, which helps screen reader users quickly find or skip it.
- role= "menuitem": If you have interactive items that function like menu items (though for basic links, standard <a> elements might be enough).
- aria-haspopup= "true": Indicates that a button or link has a submenu.
- aria-expanded= "false": Tells screen readers if a section is closed. Switch it to true when the submenu opens.
Labeling and Describing Elements Properly

Screen readers need helpful labels to convey what the link or button does. If your button opens a “Products” submenu, label it clearly:
- Use aria-label= "Products Menu" or aria-labelledby=" [ID_of_label]" to associate a descriptive label with the menu.
- Provide descriptive link text. Instead of “Click here,” use something like “View our latest products.” This helps all users know exactly where the link leads.
Implementing Accessible Mega Menus with HTML, CSS, and JavaScript

Using Semantic HTML for Proper Structure

Below is a simple example showing how to structure an accessible mega menu:
```
<nav aria-label= "Main Menu">
  <ul>
    <li><a href="#">Home</a></li>
    <li>
      <button aria-expanded="false" aria-haspopup="true">Products</button>
      <ul>
        <li><a href="#">Product 1</a></li>
        <li><a href="#">Product 2</a></li>
      </ul>
    </li>
  </ul>
</nav>
```
Here’s why this works:
- <nav aria-label= "Main Menu">: The <nav> element is a semantic way to mark the navigation area. The aria-label helps screen readers identify it.
- <button> vs. <a>: Using a button for expandable menus is more accessible because it’s an interactive element by default and can easily handle the aria-expanded state.
- aria-expanded: Indicates whether the submenu is open or closed (true or false).
Styling Menus for Visibility & Interaction

Accessible styling goes beyond making things “look nice.” It ensures that focus states are clear. For instance:
```
nav button:focus {
  outline: 2px solid #005ea2;
  background-color: #f1f1f1;
}
nav ul ul {
  display: none;
}
nav button[aria-expanded="true"] + ul {
  display: block;
}
```
- The outline property and background-color change help users see the focused button.
- By default, submenus are hidden (display: none).
- When aria-expanded= "true", the submenu appears (display: block).
Enhancing Usability with JavaScript

A small amount of JavaScript can make your menus more accessible. Here’s how you can toggle the aria-expanded attribute:
```
document.querySelectorAll('nav button[aria-haspopup]').forEach(button => {
  button.addEventListener('click', () => {
    const expanded = button.getAttribute('aria-expanded') === 'true';
    button.setAttribute('aria-expanded', !expanded);
  });
});
```
- This code finds every button with aria-haspopup.
- When clicked, it checks if aria-expanded is currently true, then toggles it.
- This prevents menus from randomly opening on hover and gives users control.
Accessible Navigation Is an Ongoing Commitment

Building an accessible mega menu isn’t a one-and-done project. It takes careful planning, coding, and constant testing to make sure all users can move through your site with ease. However, the payoff is huge: better usability for everyone, including people with temporary or permanent disabilities, and compliance with accessibility standards like WCAG.

Remember, accessibility benefits everyone. Even a user with a short-term injury or someone on a small mobile device can benefit from keyboard-friendly and screen-reader-friendly menus. By making small changes to HTML, CSS, ARIA attributes, and JavaScript, you can open up your site to a larger audience and provide a smoother experience for all.

If you need expert guidance on web accessibility or want a thorough audit of your online store, 216digital can help. We specialize in creating inclusive, user-friendly experiences that keep your customers coming back and keep your website on the cutting edge of accessibility best practices. Don’t let your mega menus become mega barriers—start making them accessible today!
Greg McNeil

March 11, 2025

How-to Guides

Accessibility, accessible code, How-to, mega menu, web developers, web development, Website Accessibility

Captions or Subtitles: What’s the Difference?

You’ve probably used them without a second thought—watching a movie in another language, scrolling social media with the sound off, or trying to follow dialogue in a noisy room. But have you ever noticed that sometimes the text includes sound effects and speaker names, while other times it’s just the spoken words?

It’s easy to assume captions and subtitles are the same, but they serve different purposes. If you’ve ever struggled to keep up with fast dialogue or wished for more context in a quiet scene, you’ve already experienced the difference—maybe without even realizing it.

So, what really sets them apart, and why does it matter? Let’s break it down.

What Are Captions?

Captions do more than just show dialogue—they make videos accessible for people who are deaf or hard of hearing. They include spoken words and crucial audio cues such as background noises, tone changes, and speaker identifications.

Additionally, captions help content creators comply with important accessibility guidelines like the Web Content Accessibility Guidelines (WCAG), the Americans with Disabilities Act (ADA), and Section 508.

Types of Captions

Closed Captions (CC) give viewers control to switch captions on or off and even adjust their appearance. Think YouTube, Netflix, or Zoom.

Open Captions stay visible all the time. They’re perfect for social media videos, events, or public places where you can’t rely on viewers to activate captions themselves.

What Are Subtitles?

Subtitles primarily translate spoken words into another language for viewers who can hear but might not understand what’s being said. Unlike captions, subtitles typically skip audio cues and speaker names. They’re great for international movies or videos aimed at a global audience.

Subtitles vs. Captions: Key Differences

Features	Captions	Subtitles
Purpose	Accessibility for Deaf/ Hard-of-hearing	Language Translation
Includes Sound Effects?	Yes	No
Speaker Identification?	Yes	No
Non-verbal Audio Cues?	Yes	No
Assumes Viewer Can Hear?	No	Yes

Why Are Captions Important for Web Accessibility?

Captions create truly inclusive content accessible to everyone. Beyond meeting legal requirements, captions help businesses avoid compliance risks and potential lawsuits.

But captions have benefits beyond compliance—they boost SEO by enabling search engines to index your video content effectively. They enhance viewer engagement, especially in quiet or noisy environments, and help non-native speakers follow along more easily, improving comprehension and retention.

Open vs. Closed Captions: Which Should You Use?

Choosing between open and closed captions depends on your content and audience.

Open Captions are excellent for social media, live events, and public displays, where activating captions isn’t practical. They ensure every viewer can immediately access your message without additional steps.

Closed Captions are ideal for platforms like YouTube or Netflix, where viewers prefer customizing their caption viewing experience. They’re also essential for educational videos, multilingual content, or professional presentations, where accuracy and personalization enhance viewer experience.

How to Add Captions to Your Digital Content

Adding captions can be straightforward, whether you choose manual or automated methods.

Manual captioning involves creating captions yourself or with professional tools like Adobe Premiere Pro or YouTube Studio. This ensures accuracy and is highly recommended for educational and professional content.

Automatic captioning services like YouTube auto-captions or platforms such as Rev.com provide quick results but may vary in accuracy. Always review and correct auto-generated captions to maintain quality and compliance.

Understanding caption file formats is also beneficial. Popular formats include SRT (.srt), widely compatible across platforms like YouTube and Vimeo, and VTT (.vtt), ideal for web-based videos with additional formatting options.

How to Add Captions

Create or auto-generate captions.
Review and edit carefully for accuracy.
Export the appropriate caption file.
Upload the caption file to your video platform

Best Practices for Creating Accessible Captions

Prioritize Accuracy: Always proofread and edit captions.
Ensure Readability: Choose clear fonts and ensure strong contrast.
Be Concise and Clear: Keep captions brief but sufficient to communicate context.
Clearly Identify Speakers: Use identifiers like [John]: to clarify speakers.
Strategically Place Captions: Position captions without blocking essential visuals, typically at the bottom of the screen.

Captions & Subtitles: Enhancing Your Content

Captions and subtitles aren’t merely text overlays—they enhance viewer experiences, improve accessibility, and expand your content’s reach. By captioning thoughtfully, you’re making your videos richer and more inclusive.

Looking to improve accessibility on your website? At 216digital, we’re ready to help. Reach out via our contact form below and schedule an ADA briefing. Let’s explore how we can elevate your digital presence and engagement together.

Greg McNeil

March 10, 2025

WCAG Compliance

Accessibility, captions, Closed caption, subtitles, videos and audio content, WCAG, WCAG Compliance, Web Accessibility

The Key to Compliance? Continuous Accessibility

When businesses think about web accessibility, many assume it’s a one-and-done task—an issue to be resolved, checked off a list and forgotten. However, true accessibility is an ongoing process that requires regular updates, monitoring, and proactive improvements. Without continuous accessibility efforts, websites can quickly fall out of compliance, leading to legal risks, increased remediation costs, and a frustrating experience for users with disabilities.

For businesses looking to stay ahead, the key to compliance isn’t a single fix—it’s a long-term commitment to digital inclusion.

Why Accessibility Can’t Be a One-and-Done Project

Legal Landscape is Always Changing

The number of digital accessibility lawsuits continues to rise year after year. In 2024 alone, over 4,000 lawsuits were filed, and more than 78,000 demand letters were sent in 2022—an average of over 1,500 per week. These legal challenges highlight the growing expectation for businesses to maintain accessible digital spaces.

At the same time, accessibility regulations continue to evolve. Updates to the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG) introduce new requirements that organizations must meet. A website that was compliant last year may not meet the latest standards today. Without continuous accessibility, even well-intentioned businesses can fall out of compliance, increasing the risk of legal action. Keeping up with regulatory changes through ongoing monitoring ensures that your website remains accessible and legally protected.

Technology and Websites Constantly Change

Websites rarely stay the same for long. New products, services, or design changes can quickly introduce barriers if they’re not tested for accessibility. A single line of new code could break an important accessibility feature. That’s why continuous accessibility involves regularly testing your site. You’ll spot problems early, fix them, and keep your site usable for everyone.

Business Risks of Treating Accessibility as a One-Time Fix

Increased Legal Vulnerability

If you ignore continuous accessibility, you open yourself up to legal issues. A website that doesn’t maintain ongoing compliance will have more accessibility gaps. These gaps can lead to lawsuits or demand letters. And once you’re in legal trouble, you’ll face tight deadlines to fix problems. This rushed work disrupts your team and can become very expensive. On the other hand, a business that practices continuous accessibility can stay ahead of potential lawsuits by showing it takes compliance seriously.

Cost of Reactive Fixes vs. Proactive Maintenance

Fixing problems under legal pressure can cost far more than addressing them early. When you wait until someone files a lawsuit or sends a demand letter, you don’t have time to plan your budget or workload. With continuous accessibility, you can schedule regular checks and fixes. You stay in control of your spending and protect your bottom line by avoiding big surprises.

Loss of Control Over Your Development Roadmap

If you get sued for an inaccessible website, you may be forced to pause other important projects in order to fix issues quickly. This can mean cutting back on marketing campaigns, product launches, or site improvements. When you adopt continuous accessibility, you maintain control over your development roadmap. You never have to rush or sacrifice other work because accessibility is always part of your process.

The Competitive Advantage of Continuous Accessibility

Expanding Market Reach

Accessibility is not just about meeting legal rules—it’s also about reaching more people. Many individuals with disabilities rely on websites that meet their needs. By focusing on continuous accessibility, you’re opening your site to a wider audience. In fact, 85% of businesses report that accessibility gives them a competitive edge. When your website is easy to use for everyone, you win more customers and build loyalty.

Stronger Brand Reputation & Customer Loyalty

People notice when a website welcomes them with clear navigation, captions, and other accessible features. A commitment to continuous accessibility tells the world you care about every user’s experience. That’s a message that builds goodwill. Not only does it help people with disabilities, but it also creates a simpler, more direct experience for all visitors. Happier customers are more likely to return and recommend your brand to others.

How to Sustainably Maintain Digital Accessibility

Implementing an Ongoing Monitoring Solution

Your accessibility work should not stop after an initial audit. You need to track your site’s status in real-time. Automated testing tools and manual reviews can show if any new barriers appear. For instance, a11y.Radar by 216digital offers a real-time monitoring and compliance tracking system. This solution is designed to help you practice continuous accessibility without it feeling burdensome. When an issue appears, you can fix it right away, long before it becomes a bigger problem or legal headache.

Accessibility Training & Organizational Buy-In

Many accessibility problems happen because teams don’t know how to avoid them. If developers, designers, and content creators are not trained in best practices, problems sneak in during everyday tasks. That’s why continuous accessibility relies on ongoing training. Encourage your staff to learn about accessible coding, design, and content rules. When everyone sees accessibility as part of their job, it’s easier to maintain compliance over time

.

Partnering with Experts for Long-Term Success

You don’t have to handle accessibility on your own. Working with a team of experts can ease your workload and calm any fears you might have. A trusted partner stays updated on changing rules and new technology. They guide you in making smart choices about your site’s structure and features. By collaborating with experts, continuous accessibility becomes a manageable task rather than a giant project. You keep your site welcoming and compliant without excessive effort.

Future-Proof Your Website with Continuous Accessibility

Accessibility isn’t a one-time box to check off. It’s an ongoing journey that requires regular care and attention. By embracing continuous accessibility, you protect your business from lawsuits, manage your budget more effectively, and reach a broader audience. You also build a reputation for being inclusive, which makes users feel valued and keeps them coming back.

If your business has already taken the first steps with a web remediation project, don’t stop there. Make sure your site stays compliant by practicing continuous accessibility as part of your standard workflow. You will save money, avoid risks, and serve a diverse group of people who might otherwise be left out.

At 216digital, we understand that continuous accessibility may sound daunting. That’s why we offer expertise and tools like a11y.Radar, a real-time monitoring solution. Together, we can keep your site compliant and user-friendly. It’s time to future-proof your website, protect your brand, and ensure a better online experience for everyone. Because when you invest in continuous accessibility, you invest in long-term success—both for your business and for the people who depend on it.

Greg McNeil

March 7, 2025

Web Accessibility Monitoring

Accessibility, Accessibility monitoring, ADA Compliance, web accessibility monitoring, Website Accessibility
How State Accessibility Laws Are Changing the Web
Laws are supposed to make things clearer, right? But when it comes to web accessibility, things aren’t always so straightforward. The Americans with Disabilities Act (ADA) is meant to ensure equal access for people with disabilities, yet it doesn’t outline exactly what website owners need to do. That legal gray area has led many states to introduce their own state accessibility laws, filling in the gaps and setting clearer expectations.

These state accessibility laws aren’t just patchwork solutions—they’re shaping the future of the internet. For businesses and website owners, staying ahead of these changes can mean the difference between compliance and costly legal trouble. More importantly, these laws help build a more inclusive web, ensuring people with disabilities can navigate online spaces without barriers.

Why States Are Creating Their Own Accessibility Laws

The ADA was designed to protect people with disabilities, and for a while, many assumed it would extend naturally to websites. But here’s the problem: the law doesn’t spell out digital accessibility requirements, leaving businesses uncertain about what’s expected of them. Meanwhile, the internet has evolved faster than legislation can keep up.

To bridge this gap, some states are passing their own state accessibility laws, setting clear rules for businesses and organizations. Unlike broad federal regulations, these state accessibility laws often provide detailed guidelines that eliminate the guesswork for website owners.

How These Laws Set New Standards

When a state enacts digital accessibility laws, it typically mandates a set of standards that websites must follow. The most common benchmark? The Web Content Accessibility Guidelines (WCAG) cover essential elements like color contrast, keyboard navigation, and video captions.

For example, state accessibility laws may require public-facing websites to comply with WCAG 2.1 Level AA. These state-specific regulations provide direct instructions, making compliance more straightforward than federal mandates. As more states adopt these standards, websites become more user-friendly and accessible to all.

Filling the Gaps in Federal Law

Federal laws play a crucial role in protecting people with disabilities, but they often lack specifics. This ambiguity leaves businesses unsure of how to achieve compliance. State accessibility laws provide much-needed clarity.

For instance, some state accessibility laws require businesses to add alt text to images—a simple description that screen readers use to help blind users understand visual content. Others mandate captions or transcripts for videos, ensuring accessibility for those who are deaf or hard of hearing. These straightforward updates can significantly improve usability.

What Website Owners Need to Know

If you own or manage a website, these state accessibility laws matter. States may have different requirements, and even if your business is based in one location, you could be subject to laws of another state if your website serves customers there.

Ignoring state accessibility laws isn’t just risky—it can be expensive. Some states impose fines for noncompliance, and lawsuits over website accessibility are on the rise. Even small businesses aren’t immune.

But compliance isn’t just about avoiding penalties. A well-structured website with clear navigation, readable text, and a thoughtful layout benefits everyone, not just those with disabilities. When your site is easier to use, visitors are more likely to stay, shop, and return.

Getting Started with Web Accessibility

Improving website accessibility might seem daunting, but breaking it down into simple steps makes it manageable:
1. Audit Your Website – Use free tools like WAVE or Google Lighthouse to scan your site for common accessibility issues, such as low color contrast or missing alt text.
2. Follow Recognized Guidelines – Familiarize yourself with WCAG, which offers clear instructions on making digital content more inclusive.
3. Train Your Team – Developers, designers, and content creators should understand basic accessibility principles. Even small changes—like using descriptive link text—can improve usability.
4. Stay Informed – Laws are evolving. Keep up with accessibility regulations in the states where you do business. When in doubt, consult a legal expert or an accessibility specialist.
5. Test with Real Users – Automated tools can catch some issues, but nothing beats real user feedback. People with disabilities can provide invaluable insights into how accessible (or inaccessible) your site truly is.
What’s Next for Web Accessibility?

State-level laws are pushing accessibility forward, and we’re already seeing a shift. Features like alt text and captions are becoming standard rather than optional. As more states implement stricter rules, they may eventually influence federal law, leading to more transparent nationwide standards.

States also learn from each other. When one successfully enforces digital accessibility, others often adopt similar strategies. This collective effort is helping to create a more inclusive web for everyone.

Staying Ahead of State Accessibility Laws

Keeping up with changing accessibility laws ensures compliance while making websites more user-friendly. Small improvements can make a significant impact—not just legally, but in terms of customer satisfaction and usability.

Since the internet is essential for shopping, learning, and staying connected, prioritizing accessibility benefits everyone. Thoughtful design choices don’t just reduce legal risks; they make online experiences better for all users.

Not sure where to start? 216digital can help. Schedule a briefing with our team to stay ahead of new accessibility laws and ensure your website remains inclusive for all visitors.
Greg McNeil

March 6, 2025

Legal Compliance

Accessibility, accessibility laws, Legal compliance, state accessibility laws, web compliance, Website Accessibility
What is Inclusive Design?
These days, people rely on the internet for just about everything—shopping, learning, connecting with others, and more. That is why it is so important for websites to be easy to use for everyone, regardless of their abilities or backgrounds. Inclusive design ensures that digital spaces are welcoming and accessible to all, whether someone has a vision or hearing impairment, limited mobility, speaks a different language, or simply is not tech-savvy.

When businesses overlook accessibility, they risk shutting out entire groups of potential customers. So what exactly is inclusive design, and how can you make it a priority for your business? Let’s break it down.

What’s Inclusive Design and Why Does It Matter?

Most of us take certain web features for granted, like being able to click a button or read text on a screen. But imagine if someone has trouble seeing small letters or cannot operate a mouse. A website that is hard to use may prevent them from completing a simple task, such as filling out a form or finding important information. Inclusive design solves these problems by considering everyone’s needs from the start.

When we practice inclusive design, we do more than just check a box for accessibility. We build sites that help people with different backgrounds and abilities feel welcome. This approach lets businesses reach a larger audience and gives more people the chance to use digital tools. In the end, everyone benefits.

Key Principles of Inclusive Design

Inclusive design follows a few core principles to ensure websites and digital experiences work for the widest range of users. These principles help designers create sites that are flexible, clear, and easy to navigate for everyone.

1. Flexibility: Adapting to Different Needs

Flexibility is one of the most important principles of inclusive design. Websites should adapt to different user needs, devices, and environments. Not everyone interacts with a website in the same way, so design elements must be versatile.

For example, someone browsing on a smartphone may need larger buttons or a simpler layout to tap easily. A person using a screen reader may require properly labeled content so their assistive device can read text and links in a logical order. A website offering multiple ways to interact—such as voice commands, keyboard shortcuts, or touchscreen options—ensures users can engage with it in the way that suits them best.

2. Clarity: Making Information Easy to Read and Understand

Clarity is another core principle of inclusive design. If a website’s content is difficult to read or understand, it excludes many users. Sites should be simple, direct, and easy to follow.

Some ways to improve clarity include:
- Using plain language instead of technical jargon
- Writing short paragraphs and using bullet points to break up content
- Adding clear headings and subheadings to guide readers
- Avoiding long, complex sentences
These strategies benefit people with cognitive disabilities, those who speak English as a second language, and anyone who is quickly skimming for key information.

3. Consistency: Creating a Predictable Experience

Consistency is a key part of inclusive design because a predictable, structured website helps all users navigate smoothly. If menus, buttons, and links work the same way across different pages, visitors can find what they need without confusion.

For instance:
- Navigation menus should stay in the same place on every page
- Buttons and links should have clear labels describing their purpose
- Form fields should follow the same format throughout the site
Consistency is especially important for people using assistive technologies like screen readers, as it helps them understand and interact with a website more efficiently. It also benefits users who rely on keyboard navigation or voice commands.

Examples of Inclusive Design in Practice

A good example of inclusive design is seen on social media platforms that offer closed captioning for videos. This allows people who cannot hear—or those who do not want to disturb others—to follow along. News websites that highlight key text or break up content into simpler chunks also practice inclusive design: by using plain language and proper formatting, they make it easier for a broad audience to consume information.

Meanwhile, many e-commerce sites let shoppers filter products by color, size, or shape, helping those with specific needs. A person with color blindness might benefit from color labels spelled out in text, instead of relying on swatches alone, while someone with shaky hands might need larger buttons to click. These small adjustments illustrate how inclusive design can shape the online world to welcome everyone rather than turn people away.

Benefits of Inclusive Design

Embracing inclusive design does more than improve accessibility—it benefits businesses, organizations, and users alike. When websites accommodate all people, they become more effective, user-friendly, and legally compliant. Below are some of the biggest advantages of adopting inclusive design.

1. Reaching a Bigger Audience

One of the greatest benefits of inclusive design is how it expands a website’s reach. By being accessible to more people, businesses can connect with a larger and more diverse audience.

Many users rely on assistive technology or need specific design accommodations, including:
- People with visual impairments who use screen readers
- Users with hearing impairments who rely on captions and transcripts
- Individuals with mobility challenges who navigate via keyboard controls or voice commands
- People with cognitive differences who need clear, structured content
When websites are built for these groups, businesses and organizations can serve more customers and gain a competitive edge.

2. Improving User Experience for Everyone

A well-designed, inclusive website helps not just users with disabilities but all visitors. Clear text, logical navigation, and flexible layouts make websites easier for everyone to use.

For example:
- Captions on videos help users in noisy environments who cannot turn on the sound
- Readable fonts and high-contrast text improve legibility for all users, not just those with visual impairments
- Mobile-friendly designs ensure accessibility for people browsing on smartphones, tablets, and other devices
By prioritizing inclusive design, businesses create digital spaces that are both efficient and enjoyable for every user.

3. Staying Legally Compliant

Many countries have laws that require websites to be accessible. In the U.S., the Americans with Disabilities Act (ADA) set legal standards for digital accessibility. Failure to comply can lead to lawsuits, fines, and damage to a brand’s reputation. In 2024 alone, more than 4,000 websites were sued for not meeting accessibility requirements, highlighting the serious risks of ignoring inclusive design.

Businesses that do not meet these standards may face legal action from advocacy groups or individuals. Ensuring compliance from the start helps companies avoid these challenges while showing a commitment to equal access.

Simple Steps to Get Started

Inclusive design principles become easier to apply when you follow a few basic steps:
- Plan Early
- Include accessibility and usability in the early stages of your web project. Think about how users with diverse needs will interact with each part of your site.
- Use Clear Language
- Write in short sentences and simple words. This benefits people who speak English as a second language or have reading difficulties.
- Focus on Layout
- Organize your page in a logical way. Use headings, subheadings, and clear labels. This makes it easier for screen readers to process content.
- Color Contrast Matters
- Ensure your text and backgrounds have enough contrast. Free online tools like WebAIM’s Contrast Checker can help you check color contrast levels.
- Provide Text Alternatives
- Add captions to videos and alternative text for images. This helps people who cannot see the screen or hear the audio.
- Test with Real Users
- Set aside time to watch real users test your site. This is one of the most effective ways to find out what works and what does not.
Tools and Techniques

Several tools and techniques can help you practice inclusive design. Many free online checkers let you test color contrast, readability, and overall accessibility. Browser extensions can point out areas of your site that need attention. You can also try using a screen reader—like NVDA, VoiceOver on a Mac or Narrator on Windows—to experience your website as someone with vision impairments might.

If you apply inclusive design effectively, consider adding features such as keyboard navigation, enabling users to move around your site with arrow keys or the Tab key instead of a mouse. Another useful practice is to highlight the selected element on screen, helping people see which button or link they are about to activate.

Conclusion

Inclusive design is not just a best practice—it is a necessary approach for creating digital experiences that work for everyone. Websites that prioritize inclusive design are more accessible, easier to navigate, and more effective at reaching diverse audiences. By focusing on accessibility from the outset, businesses can avoid costly redesigns, improve user engagement, and ensure legal compliance.

At 216digital, we understand the importance of inclusive design and the role it plays in establishing a successful online presence. Our team specializes in accessibility audits, website design, and ongoing compliance monitoring to help businesses meet the highest accessibility standards. Ensuring your website is accessible is not just about checking a legal box—it is about creating a better online experience for everyone. Contact 216digital today to make sure your website is designed for all users.
Greg McNeil

March 5, 2025

How-to Guides, Web Design & Development

Accessible Design, Graphic Designer, inclusive desgin, Web Accessible Design
Title II Compliance Amid Political Uncertainty
The political landscape around disability rights can shift quickly. Yet, for state and local governments, the legal requirements under the Americans with Disabilities Act (ADA) do not vanish. Title II of the ADA makes sure people with disabilities have equal access to government programs and services. Even when leaders talk about changing rules, the obligation to comply with Title II remains.

A recent court case, Ellerbee v. State of Louisiana, shows how serious these rules are. This case has become a wake-up call for many. It sends a clear message: do not wait to make your digital services accessible, or you might face a lawsuit.

ADA Title II Compliance: What Hasn’t Changed

Under Title II, state and local governments must provide equal access to public services. This includes websites, online forms, and mobile apps. The ADA has always covered digital content, even though earlier laws did not spell it out as clearly as modern rules do. Some governments may be waiting for new regulations to make changes. But that is risky because Title II has long required equal access online.

Recent regulations point to the Web Content Accessibility Guidelines (WCAG) as the standard. But just because these rules are more precise now does not mean the core obligation is new. Governments that do not meet these accessibility standards can still face legal action from private citizens or advocacy groups. Federal or local policy shifts do not take away the chance of a lawsuit.

Ellerbee v. State of Louisiana: A Court-Ordered Reality Check

In January 2025, a judge ruled that the State of Louisiana must make its websites accessible right away. The plaintiff, Beau Ellerbee, is blind. He sued Louisiana because he could not use its government websites. Louisiana claimed it did not have to follow accessibility standards yet because new federal deadlines were not in effect. However, the judge disagreed. The court said the ADA’s rules already exist and cannot be brushed aside.

This ruling is important. It reminds all governments that waiting for future deadlines is dangerous. The court made it clear that Title II compliance is an immediate duty, not an optional one. If a website is not accessible, people can sue and win—right now. Governments should note this and avoid ignoring their responsibilities.

Political Uncertainty and Compliance: What We Know and Don’t Know

Many leaders wonder if changing political priorities will affect Title II compliance. Some worry that the rule could be canceled. While it is possible, changing a major rule is hard. It takes a long time to undo a regulation, so it will not happen overnight.

Federal enforcement efforts can shift. Some administrations may push more or fewer investigations into accessibility. However, lawsuits from individuals and groups will not just stop. They can still file legal cases when they face barriers. Relying on reduced enforcement is risky. The question is: should you wait? The answer is no. Even if federal agencies slow down, private lawsuits will keep coming. Governments must stay prepared.

Upcoming Deadlines for Digital Accessibility

Here are the upcoming deadlines for digital accessibility:
- Large municipalities (population more than 50,000) and public universities: April 2026
- Smaller municipalities (population under 50,000) and special districts: April 2027
Essential Steps for Title II Compliance

But as we have learned, these deadlines do not mean you can wait until the last minute. Being proactive is essential. Governments should take the following steps now:
1. Conduct Accessibility Audits: Check your websites, mobile apps, and PDFs to find barriers. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
2. Prioritize High-Impact Services: Focus first on key areas like emergency services, tax portals, and public benefits. These are used most often.
3. Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about web accessibility.
4. Monitor and Maintain Compliance: Accessibility is ongoing. After fixing issues, keep testing, new accessibility issues will arise over time.
5. Document Efforts: Keep records of your audits, training sessions, and updates. This shows good faith in meeting Title II requirements.
Legal Precedents Are Changing—Is Your Business Ready?

Although the recent uproar in Louisiana focused on Title II, there is a growing concern that courts could apply the same level of scrutiny to Title III, which governs private businesses. When judges see states being held responsible for inaccessibility under Title II, it is not a stretch to imagine them enforcing strict guidelines for private companies under Title III of the ADA.

Private online businesses that have not yet addressed accessibility may be at risk. Website accessibility lawsuits against private companies are on the rise. For instance, in 2017, federal lawsuits related to inaccessible websites and apps stood at around 814. By 2024, that number had soared to more than 4,000. If the tide can turn so quickly for state and local governments, private businesses should assume that Title III enforcement could intensify just as fast.

The Path Forward Amid Uncertainty

Political changes may create doubt, but the duty to follow Title II remains. The Ellerbee v. State of Louisiana ruling shows that waiting for future deadlines can lead to immediate lawsuits. If you manage a government website or any public-facing digital service, now is the best time to address accessibility needs.

The same principle applies to private businesses. If you have questions about making your online presence meet ADA guidelines, consider scheduling an ADA briefing with 216digital. Our team of accessibility experts can develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms so you can focus on what matters — your business.
Greg McNeil

March 4, 2025

Legal Compliance

Accessibility, ADA, ADA Compliance, ADA Title II, Title II, Web Accessibility
The Dos and Don’ts of Crafting a Web Accessibility Policy
When you run a website or create online content, it’s easy to get excited about beautiful visuals and the latest technology. But here’s the thing many people overlook: web accessibility. Making your website easy for everyone to use—no matter their abilities—isn’t just kind, it’s smart business.

A thoughtful web accessibility policy explains exactly how your website will be welcoming and easy to use for everyone, especially people with disabilities. It shows you care about being fair and inclusive, building trust with your visitors.

In this guide, we’ll walk you through creating a strong, practical web accessibility policy, show you how to put it into action, and help you build an organizational culture that cares deeply about accessibility every day.

What is a Web Accessibility Policy?

Accessibility Statement: Your Promise to Visitors

Have you ever noticed a link that says “Accessibility” at the bottom of a website? That’s usually an accessibility statement. Think of it as your friendly promise to visitors that your website is designed to be easy for everyone to use.

A good accessibility statement:
- Clearly shows you care about accessibility.
- Shares exactly how accessible your website currently is (like meeting WCAG 2.1 AA standards).
- Gives easy ways for visitors to ask for help or report problems.
This statement helps visitors feel welcome and shows you’re serious about meeting their needs.

Accessibility Policy vs. Accessibility Statement: What’s the Real Difference?

Here’s a quick way to remember the difference:
- Accessibility Statement: Short, public, and visitor-focused. It’s your friendly promise to website users.
- Accessibility Policy: Detailed, internal, and team-focused. It guides your team on exactly how to keep your site accessible, including who does what and when.
Both are important. The statement lets visitors know you care, and the policy helps your team keep that promise.

Creating a Strong Accessibility Policy

Pick Clear Standards

Avoid vague promises like “fully accessible.” Instead, choose clear guidelines, such as WCAG 2.1 Level AA. These give your team specific targets to reach. If your site lets users add their own content, include guidelines like ATAG (Authoring Tool Accessibility Guidelines).

Clear standards help your team know exactly what’s expected.

Clearly Assign Responsibilities

Make it easy for everyone to know who does what:
- Choose an accessibility lead or form a team from different areas like design, content, and web development.
- Schedule regular checks (monthly or quarterly) to catch problems early.
- Set up simple ways for users to report issues and quickly decide who will respond to these reports.
Involve Everyone in Your Organization

Accessibility isn’t just for tech teams—it’s for everyone. Teams like marketing, communications, and HR also need to understand basic accessibility. Include accessibility checkpoints in everyday work, like project plans, content creation, and contracts.

Keep an Eye on Third-Party Tools and Vendors

Sometimes outside software or tools can accidentally create accessibility barriers. Avoid this by:
- Checking accessibility before buying new software or services.
- Asking vendors for proof of their products’ accessibility (like a VPAT).
- Clearly stating accessibility requirements in your contracts.
Putting Your Web Accessibility Policy Into Action

Set Clear Goals and Deadlines

Set achievable goals with clear deadlines. For example, you might aim to reach basic accessibility standards in six months and higher standards within a year. Clearly write down each task and assign it to specific people.

Keep Your Policy Up-to-Date

Accessibility standards change over time. Regularly review your policy every 6 to 12 months. Stay informed about new guidelines by joining webinars, reading blogs, or participating in workshops.

Building an Accessibility-Friendly Culture

Your ultimate goal is to make accessibility feel natural and positive in your organization. Encourage your team to see accessibility as part of good design—not as something extra or limiting.

Celebrate successes, reward good work, and encourage ongoing learning about accessibility.

Conclusion

Creating a web accessibility policy isn’t a one-time task—it’s an ongoing commitment to fairness and inclusion. By clearly setting goals, involving your entire organization, and keeping an eye on outside tools, you make your site truly welcoming for everyone.

Need help getting started or improving your policy? 216digital can support you. We provide accessibility audits, policy creation help, and ongoing support to make sure your website stays welcoming for all visitors. Reach out to 216digital today—let’s make your website inclusive, accessible, and successful together!
Greg McNeil

February 28, 2025

Web Accessibility Training

Accessibility, accessibility policy, accessibility statement, Web Accessibility, Website Accessibility
EDF and IAAP Call Out Accessibility Overlays
You’ve probably seen accessibility overlays advertised as a quick and easy way to make websites compliant with accessibility laws. Companies promoting these tools claim they can fix accessibility issues with just a few lines of code, no major effort required. Sounds great, right?

Not so fast.

Leading accessibility organizations, including the European Disability Forum (EDF) and the International Association of Accessibility Professionals (IAAP), strongly disagree. In fact, they’ve openly criticized these tools, pointing out that overlays not only fail to meet accessibility standards but can actually make websites harder to use for people with disabilities.

If you’re a website owner, this is something you need to know—because relying on an overlay could be doing more harm than good. Let’s break down why EDF and IAAP are speaking out, the biggest issues with overlays, and what you should be doing instead.

What Are Accessibility Overlays?

Accessibility overlays are automated software tools designed to modify a website’s appearance and functionality in an attempt to improve accessibility. They might add features like screen reader support, color contrast adjustments, or keyboard navigation enhancements—all without requiring direct changes to the website’s underlying code.

Sounds convenient, but here’s the catch: overlays don’t actually fix accessibility issues. They just try to patch over them.

Many companies claim their overlays help websites comply with Web Content Accessibility Guidelines (WCAG), the Americans with Disabilities Act (ADA), and the European Accessibility Act (EAA). But accessibility experts, as well as actual users with disabilities, say otherwise.

Why Are EDF and IAAP Against Accessibility Overlays?

EDF and IAAP have outlined several major concerns about accessibility overlays. Their stance isn’t just theoretical—it’s backed by research, real-world testing, and feedback from people who rely on assistive technologies. Here’s what they found:

1. Overlays Don’t Actually Fix Accessibility Issues

Accessibility isn’t just about how a site looks—it’s about how it functions. Many accessibility issues, such as missing form labels, poorly structured headings, and inaccessible interactive elements, cannot be fixed by an overlay. These require changes to the website’s actual code.

An overlay might tweak things on the surface, but under the hood, the same barriers remain.

2. Accessibility Overlays Can Interfere with Assistive Technologies

People who rely on screen readers, voice control software, or switch devices often report that overlays make their experience worse. Instead of improving accessibility, overlays can clash with assistive technologies, leading to confusing and frustrating experiences.

Imagine trying to navigate a site with a screen reader, only to have an overlay forcing adjustments you didn’t ask for or use their screen reader instead. That’s the reality for many users.

3. Overlays Create a False Sense of Compliance

One of the most dangerous aspects of overlays is the illusion of accessibility they create. A business might think they’ve “checked the box” just by installing an overlay, but in reality, they could still be violating accessibility laws.

This false security can leave companies vulnerable to legal action—and even worse, it fails to make websites truly accessible.

4. Businesses Using Overlays Still Get Sued

Think an overlay will protect you from lawsuits? Think again.

In 2024, over 1,000 businesses that utilized overlays faced accessibility lawsuits according to Useablnet’s 2024 End of the Year Report. Courts have consistently ruled that overlays don’t meet legal requirements under the ADA and other accessibility laws. In some cases, overlays have even been used as evidence that a company ignored real accessibility fixes.

5. Users with Disabilities Strongly Oppose Accessibility Overlays

The people who actually rely on accessible websites have spoken: they don’t like overlays.

Advocates and individuals with disabilities have repeatedly criticized overlays for making web browsing harder, not easier. Instead of solving accessibility challenges, overlays often introduce new problems, disrupting the way users navigate and interact with content.

A New York Times article, For Blind Internet Users, the Fix Can Be Worse Than the Flaws, highlights just how frustrating overlays can be. As Mr. Perdue, a blind user, put it: “I’ve not yet found a single one that makes my life better. I spend more time working around these overlays than I actually do navigating the website.”

When the very tools meant to help people with disabilities end up making their experience worse, it’s clear that overlays are not the solution.

6. Overlays Can Introduce New Barriers

Rather than eliminating accessibility issues, overlays often create more obstacles.

Some force unwanted settings on users, preventing them from using their own assistive technology configurations. Others introduce navigation loops, trapping users on certain pages or making it impossible to interact with important website elements.

If an accessibility “fix” creates more accessibility problems, is it really a fix at all?

What Should Website Owners Do Instead?

If accessibility overlays aren’t the answer, what is? The good news is that true accessibility is achievable—and it starts with the right approach.

1. Conduct a Proper Accessibility Audit

Before making changes, you need to know what’s broken.

An accessibility audit helps identify barriers on your site by testing against WCAG standards. The best audits combine automated scans with manual testing, including feedback from users with disabilities.

2. Fix Accessibility Issues at the Code Level

The only way to ensure true accessibility is to build it into the foundation of your website. This means:
- Using semantic HTML for a clear page structure
- Ensuring all interactive elements are keyboard-accessible
- Providing text alternatives for images, videos, and other non-text content
- Implementing ARIA attributes where needed for better screen reader support
3. Involve Users with Disabilities in Testing

Want to make sure your site is actually accessible? Ask the people who need it most.

Incorporating real-world feedback from users with disabilities during usability testing helps uncover issues that automated tools might miss.

4. Train Your Team on Accessibility Best Practices

Accessibility isn’t just a one-time fix—it’s an ongoing commitment.

Educating your developers, designers, and content creators about accessibility best practices ensures that your website remains accessible long-term.

5. Monitor and Maintain Accessibility Over Time

Websites change all the time—so does accessibility.

Regular testing, monitoring, and updates are key to keeping your site accessible. Tools like a11y.Radar can help businesses track and maintain compliance as their website evolves.

Conclusion

EDF and IAAP have made one thing clear: accessibility overlays are not the answer.

They don’t fix real accessibility issues, they interfere with assistive technologies, and they create a false sense of security that leaves businesses exposed to legal risk. Worse, they fail the very people they’re supposed to help.

So, what’s the better approach? Real, lasting accessibility.

That means conducting audits, making code-level fixes, listening to users with disabilities, and maintaining accessibility over time. Not only is this the right thing to do, but it’s also the best way to protect your business from legal trouble and create an inclusive digital experience.

You don’t have to do it alone. 216digital can help you navigate accessibility the right way—with real solutions that work. Schedule an ADA Briefing today and take the first step toward a truly accessible website.
Greg McNeil

February 26, 2025

Legal Compliance

Accessibility, accessibility overlays, Legal compliance, Overlay widgets, Overlays, Web Accessibility
How BITV 2.0 Impacts Public Websites in Germany
If you build or manage websites, you might have heard about accessibility rules in different countries. One of the key regulations in Germany is called BITV 2.0. It helps ensure that public websites and mobile apps are usable by everyone, including people with disabilities. Website owners and content creators in the United States might wonder why they should care about German law. The truth is that many organizations have a global audience, and they often serve users in Germany, too. That’s why it’s helpful to understand BITV 2.0 and how it might affect your online presence.

What Is BITV 2.0?

BITV stands for Barrierefreie-Informationstechnik-Verordnung. This is Germany’s legal framework for accessible information technology. BITV 2.0 sets specific standards that public websites and mobile apps need to follow. Germany wants to remove barriers that keep people with disabilities from thoroughly enjoying online services. That includes everything from reading digital documents to completing forms.

When we talk about BITV 2.0, we’re focusing on the revised version of the original BITV rules, introduced to reflect changes in international standards.

Who Does BITV 2.0 Affect?

BITV 2.0 applies mainly to public-sector organizations in Germany. That includes federal ministries, public institutions, and some agencies linked to government services. It also covers websites and mobile applications that these groups manage. If your business or organization has a European branch, it’s wise to check whether any part of your web presence is considered “public sector” in Germany. Even if your team operates mainly from the United States, you might work with German partners or serve government clients in Germany. In that case, you could fall under BITV 2.0 guidelines.

Key Requirements and Technical Standards

The heart of BITV 2.0 lies in its alignment with the Web Content Accessibility Guidelines (WCAG). WCAG is an international set of recommendations for making web content more accessible. It focuses on four core principles:
1. Perceivable – Users should be able to see or hear the content in some form.
2. Operable – All users should be able to operate the interface, including those who use keyboards or assistive devices.
3. Understandable – Information should be clear, and the design should not confuse or overwhelm people.
4. Robust – Websites should work with a wide range of technologies, including screen readers and other assistive tools.
BITV 2.0 directs public websites to follow WCAG 2.1 up to level AA. That means your site should offer features like proper color contrast, text alternatives for images, and reliable keyboard navigation. The rules also require documents to be accessible. This can include PDFs that have a logical reading order and forms that let users tab through fields in a sensible way.

Another important reference is the European Standard EN 301 549. This covers requirements for digital accessibility in Europe. BITV 2.0 makes use of this standard, which lines up with WCAG 2.1 and addresses many aspects of web and software accessibility.

Key Updates in BITV 2.0

The updated version of BITV introduced new responsibilities. These updates encourage website owners to provide an accessibility statement on their websites. An accessibility statement shows users the level of compliance and explains any known accessibility issues. It also explains how users can contact the website owner if they face barriers.

BITV 2.0 expands rules to cover public mobile apps. Many people do daily tasks through apps, such as booking appointments or paying fees. Now, these apps must meet the same standards as websites. This is more pressing for government agencies that deliver digital services in app form.

Steps to Achieve Compliance

Achieving compliance with BITV 2.0 starts with learning where your site or app stands. It’s good to begin with an accessibility audit. This audit checks for issues that might stop someone from using your website or app comfortably. You can then prioritize fixes based on how serious each issue is.

Here are some steps that can guide your process:

Review Your Current Content

Test your website for keyboard navigability. Use tools that check color contrast and other visual aspects. Make sure images have meaningful alt text. If you have videos, consider providing captions. This first pass can reveal some of the more obvious problems.

Check Your PDF and Other Documents

Many public websites host PDFs and Word files. These documents need to be readable by screen readers. Check for a correct reading order, and ensure form fields are labeled. This helps people who rely on assistive technology.

Look at Your Mobile Apps

If you provide a mobile app to serve users, apply similar checks there. This includes ensuring that buttons have clear labels and that each screen is easy to navigate using voice commands or a screen reader.

Provide an Accessibility Statement

BITV 2.0 requires that public websites and apps offer a clear statement about their accessibility status. Include contact details for users who need more help or want to report a barrier. Keep this statement updated as you fix any problems.

Train Your Team

Compliance is easier when everyone on your team knows how to create accessible content. Encourage developers, designers, and content creators to learn WCAG 2.1 guidelines. That can be done through online courses or official training programs.

Stay Informed

Rules and technology change over time. Keeping an eye on updates to WCAG and the European standards helps you remain prepared for any changes in BITV 2.0.

Why Should US-Based Website Owners Care?

You might think that a German ordinance doesn’t affect you if your organization is based in the United States. In a global digital world, you never know when a user from Germany will need your service. Some US-based companies also maintain offices in Europe or partner with German government agencies. In those situations, accessibility under BITV 2.0 becomes a core concern.

Even if you don’t serve a German public sector audience, improving accessibility is a worthy goal. It makes your site easier for everyone to use. It also fits with good user experience practices. Following BITV 2.0 can raise the bar on the overall quality of your site or app.

Practical Tips for Getting Started
- Use Automated Tools: Automated scanners can find basic issues fast. They’re not perfect, but they give you a starting point.
- Set Up User Testing: Invite users with different abilities to test your site. Their experiences can show you issues that software alone might miss.
- Make Small Changes First: Fixing alt tags on images or improving color contrast is often simple. These quick wins boost morale and help you build momentum.
- Gather Feedback: Provide a way for visitors to report problems. This keeps you aware of issues and shows that you care about making improvements.
Moving Forward With BITV 2.0

BITV 2.0 is about making digital spaces open to everyone in Germany. It’s a structured set of rules that public websites and apps need to follow. If you’re in the United States, you might not think it applies to you at first. But in today’s world, web services cross borders. If your site or app is used by people in Germany, the requirements of BITV 2.0 matter.

Meeting these standards can feel complex, especially for teams new to accessibility guidelines. The good news is that there are many tools, checklists, and training programs that can guide you. By taking small steps, you’ll move closer to compliance and also create a better experience for all users. Once you understand BITV 2.0 and put it into practice, you’ll be ready to serve a broader audience in Germany—and beyond.

BITV 2.0: Compliance Without Borders

BITV 2.0 sets the legal framework for online accessibility in Germany. It focuses on ensuring websites and mobile apps can be used by everyone, including those with disabilities. The law affects public-sector entities, but private organizations with ties to Germany may also need to follow these guidelines. Compliance involves following WCAG 2.1 standards, providing an accessibility statement, and keeping up to date with evolving requirements. If you’re a website owner or content creator in the United States, it makes sense to keep these rules in mind, especially if your reach extends into Germany. Over time, you’ll see that adopting BITV 2.0 guidelines benefits your audience and helps you maintain a user-friendly and accessible online presence.

Navigating accessibility regulations like BITV 2.0 can be complex, but you don’t have to do it alone. Schedule an ADA briefing with 216digital to discuss your accessibility needs and ensure your website meets international compliance standards. Use the contact form at the bottom of the page to get started today!
Greg McNeil

February 25, 2025

Legal Compliance

Accessibility, BITV 2.0, Legal compliance, WCAG, WCAG Compliance, Website Accessibility

The EAA and Its Scope

Application to U.S. Businesses

The Limited Reach of EAA Enforcement in the U.S.

Cross-Border E-Commerce Engagement

Challenges in International Enforcement

Potential Business Responses

Why EAA Compliance May Not Be a Top Priority for U.S. Regulators

GDPR Enforcement as a Precedent

Focus on EU-Based Entities

The Real Risk: U.S. Web Accessibility Laws & State-Level Legislation

ADA and Web Accessibility Lawsuits

The Imperative of Web Accessibility

Focus on What Really Matters for U.S. Businesses

Prioritizing Domestic Compliance

Benefits of Accessibility

Protect Your Business Where It Counts Most

Overcoming Common Accessibility Challenges

Improving Hover Functionality

Making Menus Easy to Close

Enhancing Keyboard Accessibility

Logical Keyboard Navigation

Providing Clear Focus Indicators

Optimizing Screen Reader Support with ARIA

Choosing the Right ARIA Roles

Labeling and Describing Elements Properly

Implementing Accessible Mega Menus with HTML, CSS, and JavaScript

Using Semantic HTML for Proper Structure

Styling Menus for Visibility & Interaction

Enhancing Usability with JavaScript

Accessible Navigation Is an Ongoing Commitment

What Are Captions?

Types of Captions

What Are Subtitles?

Subtitles vs. Captions: Key Differences

Why Are Captions Important for Web Accessibility?

Open vs. Closed Captions: Which Should You Use?

How to Add Captions to Your Digital Content

How to Add Captions

Best Practices for Creating Accessible Captions

Captions & Subtitles: Enhancing Your Content

Why Accessibility Can’t Be a One-and-Done Project

Legal Landscape is Always Changing

Technology and Websites Constantly Change

Business Risks of Treating Accessibility as a One-Time Fix

Increased Legal Vulnerability

Cost of Reactive Fixes vs. Proactive Maintenance

Loss of Control Over Your Development Roadmap

The Competitive Advantage of Continuous Accessibility

Expanding Market Reach

Stronger Brand Reputation & Customer Loyalty

How to Sustainably Maintain Digital Accessibility

Implementing an Ongoing Monitoring Solution

Accessibility Training & Organizational Buy-In

Partnering with Experts for Long-Term Success

Future-Proof Your Website with Continuous Accessibility

Why States Are Creating Their Own Accessibility Laws

How These Laws Set New Standards

Filling the Gaps in Federal Law

What Website Owners Need to Know

Getting Started with Web Accessibility

What’s Next for Web Accessibility?

Staying Ahead of State Accessibility Laws

What’s Inclusive Design and Why Does It Matter?

Key Principles of Inclusive Design

1. Flexibility: Adapting to Different Needs

2. Clarity: Making Information Easy to Read and Understand

3. Consistency: Creating a Predictable Experience

Examples of Inclusive Design in Practice

Benefits of Inclusive Design

1. Reaching a Bigger Audience

2. Improving User Experience for Everyone

3. Staying Legally Compliant

Simple Steps to Get Started

Tools and Techniques

Conclusion

ADA Title II Compliance: What Hasn’t Changed

Ellerbee v. State of Louisiana: A Court-Ordered Reality Check

Political Uncertainty and Compliance: What We Know and Don’t Know

Upcoming Deadlines for Digital Accessibility

Essential Steps for Title II Compliance