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  • Website Legal Compliance: What You’re Missing

    When you launch a new site, it’s easy to obsess over visuals, page speed, and fancy features. Yet the part that can hurt most—financially and reputationally—is website legal compliance. From privacy regulations to accessibility standards and copyright concerns, missing the mark can lead to fines, lawsuits, and serious damage to your reputation.

    In this article, we’ll break down the core legal areas every website owner needs to understand—and offer clear steps to help you stay protected and accountable.

    The Importance of Website Legal Compliance

    Website legal compliance refers to the set of laws and regulations that govern how websites must operate. This includes how personal data is collected, stored, and shared, how accessible your site is to users with disabilities, and how you handle intellectual property.

    Staying aligned with today’s legal standards shows that your site is built with care and intention. It reflects a clear understanding of your users’ needs, the expectations of regulatory bodies, and the broader responsibility that comes with running an online business. In practice, legal compliance supports everything from user trust to operational stability.

    The Rules Are Constantly Evolving

    Unfortunately, keeping up with these responsibilities isn’t always straightforward. Legal standards on the web are constantly shifting—what’s acceptable today might fall short tomorrow. New laws roll out, existing ones evolve, and enforcement becomes more active.

    Global data privacy regulations like the GDPR, state-level laws such as California’s CCPA and CPRA, and evolving accessibility standards like WCAG 2.2 introduce new layers of responsibility. These shifts—each with their own nuances and timelines—make it clear that staying compliant isn’t something you do once and forget.

    It takes ongoing attention, flexibility, and collaboration across your digital team to keep everything aligned. Approaching compliance with intention—rather than waiting until something goes wrong—helps keep your site stable and your risk low.

    Key Areas of Website Legal Compliance

    As legal requirements continue to evolve, it helps to understand where your responsibilities fall. Legal compliance spans a wide range of areas—from how you handle user data to the specific regulations that apply to your industry. Breaking it down into manageable parts can make the process feel more focused and achievable.

    Data Privacy & Protection

    Data privacy is all about respecting and protecting the personal information people share when they visit your website—things like names, email addresses, IP addresses, and browsing activity. It gives individuals the right to understand how their data is used, and the ability to make informed choices about it. This includes having the power to access their information, correct it, or even ask for it to be deleted.

    To support these rights, many countries have passed specific laws that set clear rules for how businesses must collect, handle, and share personal data. These laws apply even if your business is located in a different region, as long as you serve users in those areas. Key examples include:

    • General Data Protection Regulation (GDPR): Governs data protection in the European Union. It applies to any business—no matter where it’s located—that collects or processes data from EU residents.
    • California Consumer Privacy Act (CCPA): Grants California residents the right to know what personal data is collected, request deletion, and opt out of data sales.
    • California Online Privacy Protection Act (CalOPPA): Requires commercial websites and online services that collect personal data from California residents to post a clear privacy policy.
    • Personal Information Protection and Electronic Documents Act (PIPEDA): Canada’s primary privacy law for private-sector organizations, outlining rules for obtaining meaningful consent and handling personal information responsibly.

    These laws are designed to protect users’ privacy, and they often apply based on where your users are—not where your business is. If your website serves visitors in these regions, you’re likely required to comply.

    Where to Start

    If you’re aiming to meet data privacy requirements, begin with a few foundational steps:

    • Post a privacy policy that’s easy to understand and up to date.
    • Use a cookie banner that explains what’s being collected and why.
    • Allow users to access, correct, or delete their personal information.
    • Confirm your third-party vendors handle data responsibly.

    You may also need to address specific regulations, such as the Children’s Online Privacy Protection Act (COPPA) if your site collects data from children, or the Federal Trade Commission Act (FTC) if your business operates in the U.S.

    Accessibility

    Your website should work for everyone—not just some visitors. Web accessibility means designing your site so that people with disabilities can use it without barriers. This includes individuals with vision, hearing, mobility, and cognitive differences. Making your website accessible isn’t just considerate—it’s often required by law.

    Here are some of the key legal frameworks that shape web accessibility standards:

    • Americans with Disabilities Act (ADA): A U.S. civil rights law that prohibits discrimination against people with disabilities. While the ADA doesn’t specifically name websites, courts have increasingly ruled that business websites—especially those tied to physical storefronts—must be accessible.
    • Section 508 of the Rehabilitation Act: Requires federal agencies and organizations receiving federal funding in the U.S. to ensure their websites and digital services are accessible to people with disabilities.
    • Accessibility for Ontarians with Disabilities Act (AODA): A Canadian law that sets mandatory accessibility standards for public and private sector websites in Ontario.
    • California’s Unruh Civil Rights Act: A state law that guarantees equal access to all business services, and has been used to support lawsuits demanding website accessibility.

    All of these laws reinforce the same idea: digital spaces should be usable by everyone. And they’re pushing more businesses to treat accessibility as essential—not optional.

    Meeting Technical Standards

    Legal requirements are one side of the equation—making them work on your site is the other. Once you’ve wrapped your head around the laws, the next step is applying them in a way that actually works for your users and your team.

    The most widely recognized framework for building accessible websites is provided by the Web Content Accessibility Guidelines (WCAG). Aiming for WCAG 2.1 Level AA conformance is a strong, practical target. That includes steps like:

    • Making your site usable with a keyboard
    • Adding alt text to meaningful images
    • Providing captions for video content
    • Using clear structure and strong color contrast

    Implementation: Turning Website Legal Compliance Into Culture

    Run an Audit

    Start by evaluating where you stand:

    • Map how personal data flows through your site
    • Check for accessibility barriers
    • Review cookies, plugins, and integrations
    • Document areas for improvement and assign owners

    Audits give you clarity and a foundation for action.

    Update Your Policies

    Maintain clear, accessible documentation:

    • Privacy Policy
    • Cookie Policy
    • Terms of Service
    • Accessibility Statement

    Avoid legal jargon. Update your policies annually or when regulations change. Place them in visible locations, like your website footer.

    Train Your Team

    Website legal compliance isn’t a solo task. Everyone on your team plays a role:

    • Developers ensure systems protect data
    • Designers build with accessibility in mind
    • Marketers follow consent rules and maintain transparency

    Create a shared checklist and offer periodic training to keep everyone aligned.

    Maintain Ongoing Vigilance

    • Schedule quarterly audits
    • Monitor legal updates from reliable sources
    • Log and address user complaints promptly
    • Track progress on accessibility improvements

    This approach transforms compliance from a one-time task into an ongoing priority.

    Feature an Accessibility Statement

    A good accessibility statement provides:

    • Your current conformance level (e.g., WCAG 2.1 AA)
    • A summary of known issues and planned improvements
    • Contact information for feedback

    Publishing a statement makes your efforts visible and invites accountability.

    Future-Proof Your Website

    Website legal compliance doesn’t happen all at once. It’s woven into how you build, update, and maintain your site over time. From protecting data to improving accessibility, every improvement you make is part of a broader commitment—to your users, to your business, and to doing things right.

    There’s no shortcut, and that’s okay. The point isn’t perfection—it’s consistency. Staying informed, making thoughtful updates, and involving your team means you’re building a foundation that can grow with your business, not against it.


    If you’re unsure where to start or need help making sense of it all, 216digital is here. Let’s talk through your next steps in a quick ADA briefing—no pressure, just practical guidance to help you move forward with clarity.

    Greg McNeil

    May 22, 2025
    Legal Compliance
    Accessibility, ADA Website Compliance, data privacy, GDPR, Legal compliance, Web Accessibility

  • ADA Settlements: Risks, Costs, and Legal Outcomes

    When a business is hit with an ADA website accessibility lawsuit, the costs can be more than just financial—they can ripple through development timelines, legal budgets, and brand reputation. And with digital accessibility lawsuits rising yearly, more developers, designers, and product teams are being pulled into legal remediation efforts they didn’t see coming.

    But here’s the truth: Not every site needs to achieve 100% WCAG conformance overnight to avoid legal trouble. Smart, risk-aware development teams know how to focus on what matters most—protecting users and reducing legal exposure—without getting bogged down in unnecessary technical perfection.

    This article breaks down what ADA settlements typically involve, how to assess legal risk in accessibility work, and when to prioritize critical fixes versus deeper WCAG alignment. Whether you’re retrofitting an existing website or launching something new, understanding the difference between technical and practical compliance can help you make more strategic choices.

    What Are ADA Settlements and Why Do They Matter?

    An ADA settlement is a legal agreement made outside of court after someone files a complaint or lawsuit under the Americans with Disabilities Act, usually regarding a website or app that isn’t accessible to people with disabilities. These agreements typically include:

    • A financial payment to the plaintiff (often $5,000–$50,000)
    • A commitment to fix specific accessibility barriers
    • A timeline for remediation and reporting requirements
    • A stipulation to train internal teams on accessibility best practices

    Most companies settle because litigation is expensive, time-consuming, and unpredictable. Settling often avoids further public exposure or escalating legal fees—but it still requires swift technical action and long-term accountability.

    The Real Costs of ADA Settlements

    The direct cost of an ADA settlement can vary, but here’s a realistic breakdown for small to midsize organizations:

    • Settlement payout: $5,000–$30,000 (on average)
    • Attorney fees (your side): $5,000–$20,000+
    • Attorney fees (plaintiff’s side, often paid by you): $5,000–$50,000
    • Remediation costs: $5,000–$50,000 depending on site size and complexity
    • Training and monitoring costs: Ongoing

    Beyond dollars, there’s the cost of dev time, stakeholder panic, potential press coverage, and damage to brand reputation. It’s no wonder more companies are starting to take accessibility seriously before a lawsuit lands on their desk.

    The Technical vs. Practical Accessibility Approach

    Let’s be clear—full WCAG 2.1 AA conformance is a great long-term goal. But when lawsuits or legal demands hit, the more strategic question becomes: What do we fix first to reduce the most risk, fastest?

    Technical Approach

    The technical approach focuses on achieving full conformance with WCAG criteria, including:

    • Semantic structure (landmarks, headings, ARIA roles)
    • Keyboard access for all functionality
    • Color contrast and visual design
    • Error prevention and accessible forms
    • Text alternatives for images, media, and interactive elements

    While comprehensive, this approach can be time-consuming and expensive, especially if your site wasn’t built with accessibility in mind.

    Practical Approach

    The practical approach focuses on real-world usage and risk mitigation, emphasizing:

    • High-risk issues likely to appear in a lawsuit (keyboard traps, unlabeled buttons, inaccessible forms)
    • Fixes that enable blind, low-vision, and mobility-impaired users to navigate, read, and transact
    • Remediating issues cited by popular screen readers (e.g., NVDA, VoiceOver) and automated tools (e.g., Google Lighthouse, WAVE)

    This approach doesn’t replace full compliance—it prioritizes it. For many developers under pressure, this is the smarter path in the short term.

    How to Identify High-Risk Accessibility Issues

    You don’t need to fix every single WCAG failure at once. Start by focusing on the most common issues that trigger ADA lawsuits:

    Issue TypeDescription
    Keyboard TrapsCan’t tab out of a modal or menu
    Missing Button LabelsScreen readers announce “button” with no context
    Inaccessible FormsFields lack labels, or error messages aren’t announced
    Poor Color ContrastText is unreadable for people with low vision
    Broken Skip LinksUsers can’t bypass repetitive navigation
    Inconsistent Heading UseScreen readers can’t navigate efficiently
    Missing Alt TextImages lack descriptions for screen reader users

    Each of these can significantly affect usability—and is a frequent target in lawsuits.

    Real-World ADA Settlement Outcomes

    To understand how this plays out in the wild, here are three simplified examples:

    1. Small Retailer Settles for $15K + Fixes

    A small e-commerce business received a demand letter after their cart and checkout were found to be inaccessible to keyboard users. They settled for $15,000 and committed to a 90-day remediation plan targeting key transactional flows.

    2. Nonprofit Faces Multiple Complaints

    A regional nonprofit was hit with three nearly identical lawsuits within six months. They paid over $60,000 total in settlements, then hired an accessibility partner to run audits, update templates, and add ongoing monitoring.

    3. Enterprise Brand Chooses Full Compliance

    After receiving a lawsuit, a national retailer chose to settle and invest in full WCAG 2.1 AA remediation. The effort took over 9 months but allowed them to build a sustainable accessibility program and avoid future litigation.

    How to Strengthen Accessibility and Reduce Legal Risk

    Navigating ADA compliance doesn’t require perfection—it requires prioritization. While no one expects your team to fix everything overnight, there are key actions you can take right now to reduce your legal exposure and improve user access:

    Get Grounded in WCAG

    You don’t need to memorize the entire spec, but your team should understand the fundamentals. Focus on guidelines related to navigation, labeling, and readable text—areas most often cited in ADA settlements.

    Run an Audit—Then Act

    Automated scans won’t catch everything, but they’re a fast way to surface high-risk gaps like missing alt text or poor contrast. Follow with targeted manual testing or bring in a specialist like 216digital to validate findings and prioritize fixes.

    Train the Right Teams

    Developers aren’t the only ones who touch your site. Marketing, design, and content teams need basic accessibility training so issues aren’t reintroduced after remediation. This step is often required as part of ADA settlements and signals long-term commitment.

    Monitor Continuously

    Accessibility is not a “set it and forget it” process. With 216digital’s a11y.Radar, teams can catch regressions early and stay ahead of future lawsuits.

    Stay Adaptive

    Standards evolve. So should your strategy. Track changes to WCAG and be ready to update design systems, templates, and workflows to maintain long-term compliance.

    Final Thoughts: Don’t Wait for a Lawsuit

    ADA settlements are a growing risk—but they’re also preventable. Developers and site owners don’t have to boil the ocean to protect themselves. By taking a practical, high-impact approach to accessibility and knowing what issues matter most in legal outcomes, you can avoid major pitfalls while creating better digital experiences for everyone.

    The key is to start. Run a scan, fix a few common issues, and build from there. If you’re unsure where to begin, partnering with an accessibility expert like 216digital can guide you through smart remediation strategies that work—before a lawsuit forces your hand.

    Need help navigating accessibility risks?

    Schedule a free 15-minute ADA briefing with 216digital. We’ll review your site and talk strategy and help you take the first step toward compliance and peace of mind.

    Greg McNeil

    May 7, 2025
    Legal Compliance, Uncategorized
    Accessibility, ADA Lawsuit, ADA Lawsuits, ADA settlements, Web Accessibility

  • How to Comply with the Accessible Canada Act (ACA)

    More than 8 million Canadians aged 15 and older—about 22% of the population—live with a disability. For many Canadians, participating in everyday life isn’t as simple as it should be. Whether it’s trying to book a train ticket online or reading government services on a mobile device, too many still face digital and physical barriers.

    The Accessible Canada Act (ACA) was created to help change that. It’s a law designed to make Canada more accessible for everyone, including online spaces. This guide breaks down what the ACA means, who needs to follow it, and how you can make your website more accessible—without needing to be a tech expert.

    Understanding the Accessible Canada Act (ACA)

    The ACA was introduced in 2018 and became law in 2019. It’s part of Canada’s big-picture goal to be barrier-free by 2040. That means removing obstacles across seven key areas:

    • Jobs and workplaces
    • Physical spaces
    • Digital content and tech (like websites and apps)
    • Communications
    • Buying goods and services
    • Public programs
    • Transportation

    What makes the ACA especially strong is that it was shaped by people with disabilities, organizations, and community leaders. It’s not just a set of rules—it’s a promise to include all Canadians in every part of life.

    Who Needs to Comply with the ACA?

    The ACA applies to federally regulated organizations. This includes:

    • Government departments and agencies
    • Crown corporations (like Canada Post or CBC)
    • Banks and federal financial institutions
    • Telecom companies (like phone and internet providers)
    • Airlines, railways, and ferries
    • Parliament (Senate and House of Commons)

    If you fall into one of these categories, you must follow the ACA. But even if you don’t—say you run a private business or work under a provincial law—following the ACA is still a smart move. It can reduce legal risk, build trust with customers, and improve everyone’s experience with your website.

    The Real-World Impact of Web Accessibility

    Yes, the ACA is a law. But it’s also about something much deeper: inclusion.

    When your website is accessible, it’s easier for everyone to use—not just people with disabilities. Think about clear navigation, readable fonts, and keyboard-friendly features. These help:

    • Older adults
    • People using screen readers
    • Those with low vision or color blindness
    • Anyone using voice commands or assistive devices

    Accessible sites also rank better on search engines, reach wider audiences, and show you care about being fair and welcoming. That’s good for business and even better for community trust.

    ACA Web Accessibility Standards and Guidelines

    To follow the ACA, many organizations use a standard called WCAG 2.1 Level AA (Web Content Accessibility Guidelines). While the ACA doesn’t make this mandatory, it’s the most recognized guide for creating accessible websites.

    WCAG helps you cover:

    • Text alternatives for images (like alt text)
    • Keyboard access for people who can’t use a mouse
    • Readable color contrast and font sizes
    • Clear layout and structure

    Another tool is EN 301 549, a European standard adopted in Canada. It adds more guidance for software, hardware, and mobile apps.

    Using WCAG and EN 301 549 shows you’re serious about accessibility—and helps prove ACA compliance if questions ever come up.

    Who Enforces the ACA—and What Happens If You Don’t Comply?

    Different agencies oversee different sectors:

    • Accessibility Commissioner: Reviews complaints and enforces penalties
    • Canadian Transportation Agency: Handles transport issues
    • CRTC: Monitors telecom and broadcasting
    • FPSLREB: Focuses on federal workplace issues

    If you break the rules under the ACA, you could face:

    • Fines up to $250,000 per violation
    • Compliance orders or warnings
    • Corrective action agreements

    It’s much easier—and smarter—to stay ahead of the curve.

    How to Meet Web Accessibility Requirements

    Start With an Audit

    Use automated tools, but don’t stop there. Pair them with real human testing—especially from people with disabilities.

    Design with accessibility in mind:

    • Add text descriptions to images
    • Make sure all parts of your site work with a keyboard
    • Use simple, readable fonts
    • Keep contrast between text and background strong

    Get Feedback From User

     People with lived experience can help you spot issues you may have missed.

    Test Everything

    Don’t forget about PDFs, videos, and mobile apps—they all need to meet ACA goals, too.

    ACA Reporting and Documentation

    If you’re federally regulated, the ACA says you must publish:

    • An Accessibility Plan: This outlines how you’ll find and remove barriers, and must include input from people with disabilities.
    • Progress Reports: Regular updates that show what’s been done and what’s next.

    These aren’t just paperwork. They’re proof that you’re doing the work—and thinking long-term.

    How to File an ACA Complaint

    If someone feels a business or organization is breaking the ACA, they can file a complaint. The steps include:

    1. Find the right agency (such as the Accessibility Commissioner or CTA)
    2. Submit the complaint online or in another accessible way
    3. Take part in any follow-up investigations

    This system helps ensure people have a voice and that organizations stay accountable.

    Other Accessibility Laws in Canada

    Even if the ACA doesn’t apply to your business, provincial laws might. Here are some examples:

    • AODA – Ontario
    • AMA – Manitoba
    • Nova Scotia Accessibility Act
    • Accessible British Columbia Act
    • Newfoundland and Labrador Accessibility Act

    Many of these laws include WCAG requirements and share similar goals with the ACA: to make sure everyone, regardless of ability, can fully participate in society.

    Helpful Tools and Support

    You don’t have to do this alone. Many resources can help:

    • CASDO (Canadian Accessibility Standards Development Organization): Creates national accessibility standards
    • W3C (World Wide Web Consortium): Offers WCAG guidelines and support
    • Testing tools: Use screen readers, color contrast checkers, and simulators to evaluate your site
    • Ongoing training: Keep your team up to date with the latest best practices

    Make Accessibility a Core Part of What You Do

    Complying with the ACA isn’t about checking boxes. It’s about helping all people feel seen, heard, and included—online and beyond.

    You don’t need to get everything perfect overnight. But you do need to start. The ACA sets a strong foundation, and taking action now puts you on the right path.

    At 216digital, we understand the technical side of accessibility—and the human side, too. Whether you need an audit, a plan, or long-term strategy, we’re ready to help.

    Let’s work together to make the web a better place for everyone.

    Schedule your free consultation today and take the first step toward ACA compliance.

    Greg McNeil

    April 29, 2025
    Legal Compliance
    ACA, Accessibility, ADA Website Compliance, Canada, International Accessibility Laws, Website Accessibility

  • Building Trust Through Data Privacy and Accessibility

    Picture this: you’re on a checkout page, ready to buy, when a wall of legal text blocks the button and your screen reader can’t even find the “accept” link. Do you trust that site? Most shoppers don’t—and they bail. Privacy and accessibility shouldn’t be an either-or proposition; handled together, they build instant confidence.

    Too often, users are forced to choose between protecting their personal information and navigating a website with ease. A confusing privacy policy here, an inaccessible cookie banner there—and just like that, trust starts to slip. At their core, data privacy and accessibility both ask the same questions: Are we being clear? Are we giving people control? Are we including everyone? When these two efforts work together, they create a better experience for every user.

    This article explores how to align your site’s approach to data privacy and accessibility, why it matters, and what steps your team can take to build real trust from the very first click.

    Why Data Privacy and Accessibility Align

    Data privacy is about protecting what you learn from your visitors. Accessibility is about making sure they can actually use your website. On the surface, these may seem like different goals, but they share three core principles:

    • Transparency – Tell users what you do.
    • Control – Let them decide how much to share.
    • Inclusion – Make every tool usable.

    When people understand your policies and can reach every corner of your site—whether by mouse, keyboard, or screen reader—they’re more likely to stick around, make purchases, and return again.

    A Quick Primer on U.S. Privacy Rules

    Let’s zoom in for a moment on data privacy laws in the U.S. Several states now give residents clear rights over their data. The California Consumer Privacy Act (CCPA) and its update, the CPRA, let users see, delete, or limit the sale of their personal details. Colorado, Connecticut, Utah, Virginia, and Oregon have passed similar laws.

    Even if your company isn’t based in one of these states, chances are good that someone from those areas is visiting your site. Following the most comprehensive rules isn’t just about compliance—it’s the safest and smartest path forward for your brand.

    What Accessibility Means Online

    Accessibility means ensuring people with visual, hearing, motor, or cognitive disabilities can use your site. The Web Content Accessibility Guidelines (WCAG) spell out how to do this, with best practices like:

    • Keyboard navigation
    • Clear headings and layout
    • Adequate color contrast
    • Captions or transcripts for videos and audio

    It’s not just about doing the right thing. Courts have increasingly linked the Americans with Disabilities Act (ADA) to public-facing websites. That makes accessibility both a quality goal and a legal imperative.

    Where the Two Worlds Meet

    Want to see where data privacy and accessibility collide? Just look at your cookie banner.

    This is often the first thing visitors see—and it’s where trust can break in two. If the banner traps keyboard focus, lacks contrast, or can’t be closed without a mouse, users who rely on assistive tech may bounce before they even get started. In that moment, data privacy controls fail, and usability collapses.

    It’s a missed opportunity. Done well, that same banner could build credibility and demonstrate respect—for choice and access alike.

    Four Places Trust Can Break

    Let’s look at four areas of your site where trust is most likely to falter—and how to fix it before it does.

    1. Consent & Cookie Pop-Ups: The Front Door of Trust

    • Say it out loud. Code the banner so screen readers announce the headline first—not the fine print.
    • Keep the keyboard in the room. Maintain a clear focus ring so keyboard users never lose track.
    • Use plain language. Simple buttons like “Accept,” “Decline,” and “Customize” make choices obvious.

    2. Forms and Checkout

    • Ask for only what you need. Don’t overreach with your data collection.
    • Pair every field with a label. Avoid using placeholder text alone.
    • Flag errors clearly. Use both text and color, and link error messages back to the form fields.

    3. Analytics and Tracking

    • Honor Do Not Track signals. Respect user intent where it’s expressed.
    • Add opt-out links. Put them in your footer and make them keyboard accessible.
    • Anonymize IPs. Avoid tying activity to identifiable users when possible.

    4. Content Files

    • Tag your PDFs. Make them searchable and readable.
    • Scrub personal info. Clean downloadable files of names or sensitive data.
    • Write great alt text. Describe visuals without exposing private details.

    These aren’t extras—they’re basics. Nail them, and you’ll show visitors you care about both their data privacy and their ability to engage.

    Building a Cross-Team Trust Framework

    Trust isn’t built in one department—it’s a team effort. But in many organizations, legal, development, and marketing work in silos. That’s a recipe for gaps.

    Instead, bring everyone to the table with shared goals:

    • Legal writes policies in clear, eighth-grade reading level language. Add a short “Plain English Summary” at the top.
    • Developers turn policy into practice. They build with WCAG 2.2 AA in mind, test with screen readers, and verify keyboard accessibility.
    • Marketing respects consent signals. They use analytics tools that focus on aggregated data and avoid building detailed user profiles.

    Hold short monthly standups. Each group should report progress on bounce rate, opt-out rate, and accessibility errors. When everyone has a number to own, priorities align.

    Action Plan in Seven Steps

    A combined data privacy and accessibility strategy doesn’t have to be complicated. Here’s a quick-start checklist:

    1. Map every data touchpoint. Include forms, chats, analytics tools, and third-party scripts.
    2. Run a joint audit. One checklist, two goals. Avoid duplicate work.
    3. Fix high-risk issues first. Broken keyboard access on a checkout form can cost you sales—and get you sued.
    4. Choose a consent platform that meets WCAG. Look for keyboard support and scalable font sizes.
    5. Rewrite dense policy pages. Use short sentences, descriptive headers, and bullet points.
    6. Train your team. Cover accessibility and data privacy in new hire orientation and quarterly refreshers.
    7. Publish a changelog. Tell users when you update how their data is handled or how the site works. It shows you’re transparent.

    Measuring Success

    Trust is hard to measure—but not impossible. Here are a few indicators that your efforts are paying off:

    • Fewer support tickets about navigation or login issues
    • Lower cart abandonment rates
    • Higher sign-ups after revising consent forms
    • Better survey results when asking if users feel safe and included

    Small gains in these areas show you’re on the right track. Over time, they compound into stronger customer relationships.

    Final Thoughts

    Trust isn’t just a design trend—it’s a survival strategy in modern e-commerce. When data privacy and accessibility go hand in hand, you create a website that feels safe, respectful, and inclusive.

    And that kind of experience builds loyalty.

    If you’d like a second set of eyes on both privacy and accessibility, let’s talk. At 216digital, we specialize in aligning accessibility and data privacy from the ground up. Together, we can help you build a site that earns trust from the first click—and keeps it long after the page loads.

    Greg McNeil

    April 25, 2025
    Legal Compliance, Web Design & Development
    California Consumer Privacy Act, data privacy, WCAG, web development, Website Accessibility

  • UK Accessibility Laws: What You Need to Know

    Have you ever clicked on a website that just didn’t work the way it should? Maybe the text was hard to read, the buttons didn’t respond, or a pop-up blocked the screen with no way to close it. Now imagine facing those kinds of barriers every single day.

    For more than 16 million people in the UK living with a disability, this isn’t just an occasional frustration — it’s a constant roadblock. And when websites and digital tools aren’t built with accessibility in mind, they can shut people out entirely.

    In the UK, accessibility isn’t just a nice idea. It’s the law. If you run a website, app, or digital service, it’s important to understand the accessibility laws that apply — and what you can do to comply.

    1. The UK Accessibility Laws

    The Equality Act 2010

    This foundational law underpins all UK accessibility laws. It applies to both public and private organizations and protects individuals from discrimination.

    If you sell products, offer services, or manage a digital platform, you’re expected to make “reasonable adjustments” so people with disabilities can access what you offer. That includes websites and mobile apps.

    Although the law doesn’t spell out technical details, UK courts and regulators typically point to the Web Content Accessibility Guidelines (WCAG) as the benchmark for compliance.

    Public Sector Bodies Accessibility Regulations 2018

    These regulations strengthen the Equality Act by applying specific digital requirements to public sector websites and apps. They mandate compliance with WCAG 2.1 Level AA (updated to WCAG 2.2 AA), and require public bodies to:

    • Publish an accessibility statement outlining compliance and known issues
    • Audit their digital content regularly
    • Continuously improve accessibility

    These rules apply to government departments, NHS services, schools, and more — with a few exceptions, such as staff-only school websites and certain heritage content.

    BS 8878: The UK Accessibility Standard

    BS 8878 is a voluntary standard that provides a practical framework for including accessibility in digital projects. It encourages early planning, clear roles, and ongoing testing. While not a legal requirement, it’s a helpful guide for organizations building inclusive systems.

    The European Accessibility Act (EAA)

    Though the UK has left the EU, the EAA still matters for UK businesses that serve EU customers. If your digital products reach across borders, you may be subject to EU accessibility laws. Failing to comply can lead to legal and financial consequences. Planning for global accessibility from the start is the safest approach.

    Understanding WCAG: The Global Accessibility Guide

    WCAG are global standards established by the W3C to enhance web accessibility for individuals with various disabilities, including those affecting vision, hearing, mobility, and cognition.

    WCAG is designed to help web developers, designers, and content creators make digital experiences usable for people with a wide range of disabilities — including visual, hearing, cognitive, and mobility challenges.

    Even though WCAG isn’t a law in itself, it’s the benchmark that courts, regulators, and organizations across the UK (and globally) use to judge accessibility. In fact, both the Equality Act 2010 and the Public Sector Accessibility Regulations rely on WCAG as the go-to standard.

    The most current version required by UK public sector regulations is WCAG 2.2 Level AA, though previous versions (like WCAG 2.1) are still widely referenced. Whether you’re in the public or private sector, aiming for Level AA is a smart and future-proof move.

    The POUR Principles

    WCAG is built around four guiding principles, known as POUR. They form the foundation of accessible digital design:

    • Perceivable – Content must be presented in ways users can recognize
    • Operable – Users must be able to interact with and navigate your site
    • Understandable – Content and navigation must be clear and predictable
    • Robust – Content must work across devices, browsers, and assistive technologies

    Key WCAG Requirements

    Some of the most impactful requirements include:

    • Text alternatives for images and media
    • Full keyboard navigation support
    • Sufficient color contrast
    • Clear heading structures and form labels
    • Avoiding flashing or blinking content that could trigger seizures

    What Compliance Actually Looks Like

    Not sure where to begin? Start simple — and build from there.

    Run an Accessibility Audit

    Start with a self-assessment using tools like WAVE or Google Lighthouse for a high-level review. Follow that with manual testing — screen readers, keyboard-only navigation, and real user feedback can reveal deeper issues that automated tools miss.

    Fix the Biggest Barriers First

    Focus on fixes that make an immediate difference. This includes:

    • Inaccessible forms
    • Poor color contrast
    • Missing alt text
    • Non-descriptive links
    • Broken keyboard navigation

    These improvements can help people complete key tasks — like contacting you, booking a service, or completing a purchase.

    Create and Publish an Accessibility Statement

    Public sector organizations are required to do this, but private companies should consider it, too. A good statement includes:

    • The WCAG level your site currently meets
    • Any areas that still need improvement
    • Contact information for accessibility issues
    • Your plans for ongoing updates

    Train Your Team

    Accessibility isn’t just for developers. Writers, designers, marketers, and customer service teams all play a role. Provide training so everyone understands their part and knows how to apply best practices.

    Integrate Accessibility into Every Project

    The earlier you consider accessibility, the better. Include it in planning documents, design briefs, and test plans from the beginning. It’s easier (and more cost-effective) than fixing issues after launch.

    Monitor and Maintain

    Accessibility is not a “set it and forget it” task. Whenever you update your site, add a video, or launch a new form, test again. Keep your accessibility statement current, and consider partnering with a team that offers ongoing accessibility monitoring and support.

    What Happens If You Don’t Comply With UK Accessibility Laws?

    Failing to meet UK accessibility laws can have serious consequences:

    • Legal action: Users can take legal steps under the Equality Act — and courts have ruled in their favor.
    • Enforcement: Public sector websites are actively monitored and held accountable.
    • Costly retrofits: Fixing issues after launch is far more expensive than designing accessibly from the start.
    • Reputation risk: Exclusion hurts your brand — and word spreads.
    • Lost business: Around 21% of the UK population lives with a disability. If your digital services aren’t accessible, you’re shutting out millions of potential customers.

    Conclusion: You Don’t Have to Do This Alone

    UK accessibility laws are clear — and so is the need for action. But this isn’t just about avoiding lawsuits. It’s about creating better, fairer digital spaces for everyone.

    Accessibility is an investment in your site’s usability, your brand’s reputation, and your organization’s future. Prioritize it now, and you’ll not only meet the law — you’ll lead with inclusion.

    At 216digital, we make the journey easier. From in-depth audits and team training to development support and monitoring, we help organizations meet accessibility laws and build digital experiences that work for everyone.

    Need help meeting UK accessibility laws? Start with a free consultation from 216digital. Let’s build something better — together.

    Greg McNeil

    April 22, 2025
    Legal Compliance
    accessibility laws, International Accessibility Laws, UK, WCAG, WCAG 2.1, WCAG 2.2

  • How GDPR and CCPA Are Shaping Data Privacy

    Data privacy isn’t a new concept. Businesses have been managing sensitive customer information for decades—through paper files, databases, CRMs, and now digital platforms. What has changed is the growing expectation that people should have control over their own data. Laws like the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) didn’t invent data privacy—but they’ve redefined the standards.

    These regulations are reshaping how organizations around the world approach data—how they collect it, store it, share it, and most importantly, how they communicate about it. If you’re leading a business, managing digital operations, or overseeing customer experience, understanding how these laws work isn’t just a compliance task—it’s a strategic advantage.

    What the CCPA Introduced to U.S. Businesses

    When the CCPA took effect in 2020, it marked a turning point for U.S.-based organizations. For the first time, there was a law that gave American consumers—not just businesses—clear, enforceable rights over their personal data. It caught many companies off guard.

    California residents gained the legal right to:

    • Know what personal information is being collected about them.
    • Request the deletion of that information.
    • Opt out of the sale of their data.

    For businesses, this meant a new level of transparency. You needed to disclose how data was being used, offer clear opt-out tools, and ensure your privacy policies were not only accessible—but written in plain, understandable language.

    This wasn’t just about legal boxes to check. It was about shifting power. CCPA put the customer in the driver’s seat.

    A Ripple Effect Beyond California

    Even though the CCPA is a state law, its impact has reached far beyond California’s borders. Why? Because any business that serves California residents—regardless of location—has to comply. And for companies with customers across the U.S., it simply made sense to raise privacy practices across the board.

    That’s why CCPA didn’t stay a California issue. It sparked national conversations, boardroom discussions, and policy rewrites. It also paved the way for other states to create their own laws. Virginia, Colorado, Connecticut, and Utah have already passed privacy regulations of their own. Each carries unique nuances, but most borrow heavily from the same foundational ideas introduced by the CCPA and GDPR.

    The GDPR: Setting the Global Standard

    Before CCPA came onto the scene, there was GDPR. Introduced by the European Union in 2018, the General Data Protection Regulation quickly became the global benchmark for data privacy.

    Its scope was ambitious—and intentional. GDPR applies to any organization, anywhere in the world, that processes data from EU citizens. Whether you’re based in Paris, New York, or Singapore, if your business interacts with European customers, you’re expected to comply.

    Core GDPR Requirements:

    • Consent: Businesses must get clear, informed consent before collecting personal data.
    • Right to Be Forgotten: Individuals can ask for their data to be deleted permanently.
    • Breach Notification: Organizations must report data breaches within 72 hours.
    • Data Portability: Consumers have the right to access and transfer their own data.

    The GDPR’s influence is still growing. Many new laws—both in the U.S. and abroad—are built using GDPR as a model. And in the absence of a single U.S. federal privacy law, many organizations default to GDPR compliance as a way to meet the highest global standard.

    GDPR vs. CCPA: Two Paths, One Direction

    While GDPR and CCPA share the same underlying goal—giving people more control over their personal data—they approach it in different ways.

    Who’s Affected?

    • GDPR: Global reach. Applies to any company handling EU data.
    • CCPA: U.S.-based, but applies to companies interacting with California residents.

    Consumer Rights

    • GDPR: Offers broad rights—access, deletion, correction, portability.
    • CCPA: Emphasizes transparency, deletion, and the right to opt out of data sales.

    Consent Models

    • GDPR: Requires proactive, upfront permission.
    • CCPA: Allows post-collection opt-outs, which can be more flexible for businesses but less direct for consumers.

    The differences matter—but the direction is the same. Regulators are moving toward greater accountability, and consumers are demanding more clarity and control.

    A Growing Patchwork of U.S. Laws

    The U.S. now faces a growing number of state-level privacy laws, each with its own requirements and timelines. Virginia’s VCDPA, Colorado’s CPA, and Connecticut’s CTDPA are just a few of the new players. While many reflect GDPR or CCPA in principle, the details vary—and that’s where things get tricky.

    For multi-state businesses, managing these differences isn’t just time-consuming—it can be a real risk. You’re not just dealing with technical updates to your website. You’re coordinating privacy notices, opt-out mechanisms, data retention policies, and more—often with overlapping or conflicting requirements.

    A unified federal privacy law, like the proposed American Privacy Rights Act (APRA), could help simplify things. However, with delays in Congress and shifting political priorities, that kind of clarity is still out of reach.

    What You Can Do Now

    So what’s the path forward? The answer isn’t to wait for regulation to catch up—it’s to lead with purpose.

    1. Map Your Data

    Know what you’re collecting, where it’s stored, who has access, and why. Without a clear inventory, compliance is guesswork.

    2. Strengthen Your Privacy Policy

    Make sure your privacy policy is accurate, accessible, and written in plain language. Your customers—and regulators—should understand it without needing a legal degree.

    3. Build in Flexibility

    Invest in systems and processes that can adapt. Privacy laws will continue to evolve. Your infrastructure should be ready to scale with them.

    4. Respect User Rights

    Whether it’s a GDPR data access request or a CCPA opt-out form, your business should respond quickly, clearly, and respectfully. That responsiveness builds trust.

    5. Lead with Transparency

    Customers don’t expect perfection. But they do expect honesty. Be upfront about what data you collect and how you use it. When in doubt, over-communicate.

    Final Thoughts

    Data privacy isn’t a passing trend—it’s a defining feature of the modern digital experience. And laws like GDPR and CCPA aren’t just compliance checklists. They’re a signal that the world is changing, and that businesses are expected to change with it.

    The companies that embrace this shift—proactively, strategically, and transparently—will be the ones that win customer trust and loyalty over the long term.

    If you’re looking for help navigating this evolving landscape, 216digital is here to support you. Schedule a privacy and accessibility briefing with our team and take the first step toward smarter, future-ready data practices.

    Greg McNeil

    April 14, 2025
    Legal Compliance, Web Design & Development
    CCPA, data privacy, GDPR, web development

  • Judge Pushes Back on Serial ADA Plaintiffs

    The Americans with Disabilities Act (ADA) was enacted in 1990 to prohibit discrimination against people with disabilities. Over the years, it’s helped make public spaces—including digital environments—more accessible to everyone. However, the rise of serial ADA plaintiffs—individuals who file dozens or even hundreds of lawsuits—has raised serious concerns among business owners and judges alike. Some of these cases appear less about securing genuine accessibility improvements and more about generating quick financial settlements.

    Recently, a federal judge pushed back against this growing trend, signaling that the courts are beginning to question the motives and tactics of some serial ADA plaintiffs. This shift could mark a turning point for businesses frustrated by opportunistic lawsuits. But it doesn’t mean business owners can relax when it comes to ADA compliance—especially online.

    In this article, we’ll explore what serial ADA litigation looks like, why businesses risk non-compliance in the first place, how a recent judge’s ruling might change the game, and what proactive steps businesses can take to protect themselves. We’ll also show how partnering with a firm like 216digital can ensure your digital properties are accessible and legally compliant.

    What Are Serial ADA Plaintiffs?

    A serial ADA plaintiff is someone who files multiple lawsuits under the ADA, often targeting small businesses for alleged accessibility violations. While the ADA is a civil rights law that rightly empowers individuals to hold businesses accountable, these serial filings usually follow a pattern:

    • Rapid-fire lawsuits: Dozens of complaints are filed in a short period, often by the same attorney.
    • Low-hanging claims: Plaintiffs target minor infractions, such as font contrast issues or missing alt text on websites.
    • Settlement-focused: Lawsuits are usually resolved with monetary settlements rather than actual accessibility improvements.

    These actions put a financial strain on small and mid-sized businesses, many of which settle to avoid legal fees—even if they were unaware of the issues or were actively working toward compliance.

    Why Do Businesses Risk ADA Non-Compliance?

    Many business owners want to do the right thing, but digital accessibility often falls through the cracks for a few reasons:

    • Lack of awareness: Some companies don’t realize ADA applies to their websites, not just physical locations.
    • Complex regulations: Accessibility laws and standards like WCAG (Web Content Accessibility Guidelines) can be difficult to interpret without expert guidance.
    • Limited budgets: Small businesses may not have the resources to hire in-house accessibility experts.
    • Inconsistent enforcement: Until recently, the legal system’s tolerance for serial plaintiffs made compliance seem like an expensive guessing game.

    Unfortunately, ignorance of the law doesn’t exempt businesses from lawsuits—especially when aggressive litigants are actively seeking out violators.

    Judge Cogan Pushes Back: A Turning Point?

    In a recent case, federal Judge Cogan of California dismissed multiple web accessibility lawsuits brought by a serial plaintiff, citing a lack of standing and evidence of genuine harm. The court noted that the plaintiff had filed over 50 nearly identical lawsuits against small businesses, often without ever intending to visit or interact with them in any meaningful way.

    Judge Cogan questioned whether the plaintiff had suffered real injury or was simply using the ADA as a tool to generate settlements. The ruling emphasized that the purpose of the ADA is to promote meaningful access, not to enable exploitative litigation.

    This decision doesn’t make digital accessibility any less important—but it sends a clear message: the courts are starting to scrutinize the intentions behind ADA lawsuits. It’s a warning to serial plaintiffs and an opportunity for businesses to address compliance proactively rather than react to legal threats.

    Practical Steps to Avoid Being Targeted

    Whether or not the courts are curbing serial litigation, businesses should take real accessibility seriously. Here are steps to protect your brand, reduce legal risk, and create better experiences for all users:

    1. Conduct a Professional Accessibility Audit

    Start by identifying what accessibility issues exist on your website. Automated tools can catch some problems, but a full audit—especially one that includes manual testing with assistive technologies—is the gold standard.

    2. Fix the Most Common Accessibility Errors

    Serial plaintiffs often target:

    • Missing alt text on images
    • Poor color contrast
    • Inaccessible navigation menus
    • Improper heading structures
    • Forms that can’t be completed with a keyboard

    Addressing these issues can significantly lower your risk of being sued.

    3. Document Your Accessibility Efforts

    Even if your site isn’t perfect, showing that you’re making active efforts can make a difference in court. Keep records of audits, remediations, and ongoing updates.

    4. Stay Informed on Legal Requirements

    Accessibility standards evolve. Staying up to date on WCAG guidelines and DOJ updates to ADA interpretations is essential to maintaining long-term compliance.

    5. Implement Ongoing Monitoring

    Accessibility isn’t a one-and-done project. Use tools like a11y.Radar, offered by 216digital, to continuously monitor and address new issues before they become problems.

    How 216digital Helps You Stay Accessible—and Lawsuit-Proof

    At 216digital, we specialize in helping businesses of all sizes navigate the often-confusing world of digital accessibility. We go beyond automated scans and generic checklists to provide comprehensive, real-world accessibility services that keep you compliant and reduce your legal exposure.

    Our Services Include

    • Phase 1 Risk Mitigation: We identify and fix the most high-risk accessibility issues that could attract serial ADA plaintiffs.
    • Phase 2 Real-World Accessibility: We use screen readers, keyboard-only navigation, and other assistive technologies to test your site like real users do.
    • a11y.Radar Monitoring: Our proprietary service provides ongoing accessibility monitoring and alerts, ensuring your site stays compliant even as content changes.
    • Accessibility Consulting and Training: We don’t just fix your website—we empower your team with the knowledge and tools to maintain accessibility long-term.

    By working with 216digital, you’ll avoid frivolous lawsuits and create a better online experience for all your users, including those with disabilities.

    Final Thoughts

    The recent judicial scrutiny of serial ADA plaintiffs is a promising development for business owners who feel trapped between doing the right thing and defending against exploitative lawsuits. But make no mistake: web accessibility still matters—and compliance is still your responsibility.

    Rather than playing defense after a lawsuit hits your inbox, you can take a proactive approach that protects your business, supports your customers, and aligns with the original spirit of the ADA.

    Let 216digital help you stay compliant, reduce risk, and deliver a more accessible web experience for everyone.

    Need help getting started?

    Contact 216digital today for a professional web accessibility audit and find out how we can help you safeguard your digital presence from serial ADA plaintiffs.

    Greg McNeil

    April 10, 2025
    Legal Compliance
    Accessibility, ADA Lawsuit, Web Accessibility, Website Accessibility

  • Is Your Website Compliant with Australia’s DDA?

    When you think about making a website, you might picture coding, design, or content. But have you ever considered whether everyone can actually use your site? Web accessibility isn’t just a tech issue—it’s about making the online world open to everyone, including people with disabilities. In Australia, there’s a growing focus on this topic, and it’s changing how websites are built and maintained. The Disability Discrimination Act, or DDA, is a key piece of the puzzle, because it covers much more than physical buildings. In fact, it also affects your digital presence.

    In this post, we’ll dig into why web accessibility matters, how the DDA factors in, and what you can do to make your website more inclusive. Think of this as a friendly chat that aims to keep things simple, helpful, and human-centered. After all, good web design isn’t just about code—it’s about people.

    Why Web Accessibility Should Be on Your Radar

    More than 1 in 5 Australians live with some form of disability. That’s millions of people who might need your products or services. If your site has poor design, confusing navigation, or features that aren’t easy to use with assistive technology, you risk losing a huge chunk of potential customers. In fact, nearly 5 million Aussies are affected by poor accessibility every day.

    But web accessibility isn’t just about meeting a legal requirement under the DDA—it’s also good for business. When you make a site easier for people with disabilities, you often end up improving the user experience for everyone. Aging users with weaker eyesight benefit from clearer text, while someone with a broken arm might be thankful for keyboard-friendly navigation. Even people dealing with slow internet connections appreciate a well-optimized site. Accessibility is bigger than just a checkbox; it’s an approach that says, “I’m open to all.”

    What the Disability Discrimination Act (DDA) Actually Says

    The DDA (Disability Discrimination Act) was passed in 1992, and it aims to protect people from discrimination because of their disability. While many people think of it in terms of physical locations or employment, the law also applies to services and goods. And in the modern world, that means websites and online stores can’t shut people out.

    Real Cases That Changed the Game

    • Bruce Maguire vs. Sydney Olympics (1999): This case involved a blind man who found the official Olympics website nearly impossible to use. It was the first major situation in Australia that highlighted digital accessibility and made it clear that the DDA applies online as well.
    • Gisele Mesnage vs. Coles (2014): Gisele, who is blind, had serious trouble doing her online grocery shopping because of inaccessible design. She took the issue to the Federal Court, showing again that large companies can’t ignore web accessibility—and neither can smaller ones.

    These cases proved that the DDA isn’t just legal talk; it has real impact on how websites are made. If you’re offering goods or services online, you need to pay attention.

    So… Does This Apply to Your Website?

    Short answer: Almost definitely. The DDA is broad, and it covers government sites, public-facing services, and private businesses too. Whether you run a bank, a school, an eCommerce store, or a travel website, you should take steps to be accessible. Even if any inaccessibility is unintentional, it can still lead to complaints or legal action. No one wants that—so it’s better to get ahead of the game.

    The Standards You Need to Know (and Follow)

    When people talk about web accessibility standards, they’re usually talking about the Web Content Accessibility Guidelines (WCAG). These are international guidelines that detail how to make online content usable for everyone. In Australia, the target is WCAG 2.1 or 2.2 at Level AA.

    Yes, the guidelines can feel a bit technical, but they break down into principles that are pretty straightforward:

    • Perceivable: Make sure people can see or hear your content.
    • Operable: Your site should work with a keyboard, not just a mouse.
    • Understandable: Use clear language so people don’t get confused.
    • Robust: Support different types of assistive technologies and devices.

    The government requires its websites to comply. Private businesses might not face legal pressure in every case—but make no mistake, the DDA clearly expects you to make your site accessible.

    Government Strategies & National Guidelines

    Australia has several strategies and guidelines to push web accessibility forward:

    • National Transition Strategy (NTS): This initiative set the expectation that all government websites meet WCAG 2.0 AA. Even though it first focused on government sites, it signaled that accessibility is a big deal for any public-facing platform.
    • Digital Service Standard: Thirteen principles guide inclusive design for government services. Though aimed at government, many businesses look to these standards for best practices.
    • AS EN 301 549:2020: This one’s pretty tech-heavy, but it’s an Australian accessibility standard based on European laws, covering software, hardware, and other ICT services. If you hear it mentioned, know it’s part of the broader push for more inclusive digital tools.

    What Happens If You Don’t Comply?

    So what if you decide you can ignore the DDA? First, complaints usually go to the Australian Human Rights Commission. If they can’t be resolved through conciliation, the issue might end up in the Federal Court. That can mean big fines, hefty legal fees, and the kind of negative attention that hurts your brand. You don’t have to be a huge company like Coles to face consequences. The DDA has wide reach, and smaller businesses can face the same legal and financial risks if they don’t meet accessibility standards.

    Making Your Website Accessible: Where to Start

    • Understand Web Accessibility Guidelines: Familiarize yourself with WCAG to know what needs to be done for accessibility.
    • Conduct a Website Audit: Regularly check your site for issues like missing alt text or poor contrast using automated tools or a professional audit.
    • Implement Ongoing Training: Train your team to ensure everyone understands accessibility and prioritizes it in future updates.
    • Stay Informed and Up-to-Date: Keep up with changes in web accessibility standards and best practices.
    • Ongoing Monitoring: Use services like a11y.Radar for continuous monitoring, helping you address new accessibility issues promptly.

    Make Accessibility a Priority—Not an Afterthought

    If you remember just one thing from this discussion, it’s that web accessibility matters for real people. Sure, the DDA provides the legal framework—but beyond that, it’s simply good business sense and the right thing to do. A more accessible site doesn’t just keep you out of trouble; it opens the door to new customers, better user experiences, and a stronger brand image.

    By making web accessibility a priority, you show you care about all your users, including those with disabilities. This mindset helps shape a future where the internet is truly open to everyone. If you’re unsure about where to start or how to keep your site fully compliant with the DDA, consider reaching out to professionals like 216digital. They can guide you through audits, training, and ongoing support, ensuring that you’re not just following the rules, but actively creating a more inclusive digital world.

    Remember: the DDA doesn’t just regulate—it motivates. By taking accessibility seriously, you build a website that’s welcoming and friendly to anyone who visits. And that’s something we can all get behind. Let’s keep growing the web in a way that benefits us all.

    Greg McNeil

    April 9, 2025
    Legal Compliance
    Accessibility, accessibility laws, DDA, Disability Discrimination Act, International Accessibility Laws, Website Accessibility

  • AI Accessibility Platform or Just an Overlay?

    The digital accessibility space is flooded with promises. Some companies advertise sleek, one-click solutions to fix web accessibility issues overnight. They now call themselves an “AI accessibility platform” rather than what they truly are: overlays.

    It sounds good. Who wouldn’t want artificial intelligence to solve complex compliance problems automatically? But here’s the catch: most of these so-called AI accessibility platforms are just rebranded overlays—front-end widgets that apply a visual layer over a website to appear accessible. They rarely address the root issues. Even worse, they can give businesses a false sense of compliance and leave disabled users frustrated.

    What Is an Overlay, Really?

    A web accessibility overlay is a third-party tool that’s added to a site through a snippet of JavaScript. It tries to modify the user experience dynamically. Common features include contrast toggles, font size adjustments, keyboard navigation enhancements, and screen reader fixes.

    These overlays are easy to install and often marketed as a quick path to ADA or WCAG compliance. Some now claim to use AI to identify and fix accessibility issues in real-time. But while the buzzword changed, the fundamental technology hasn’t.

    The AI Smokescreen

    Labeling a product as an “AI accessibility platform” gives it an air of sophistication. But in many cases, artificial intelligence plays a minimal role—or none at all. Even when developers use AI to detect accessibility issues, it still can’t replace expert human review or hands-on code-level remediation.

    Here’s why that matters:

    • AI can miss context. It may detect that an image lacks alt text but can’t determine if the description is meaningful.
    • AI can’t restructure content. Accessibility isn’t just about fixing what’s visible—it’s also about semantic structure, logical flow, and proper HTML.
    • AI can’t interpret intent. True accessibility requires understanding the purpose of design and interaction elements. That takes human judgment.

    In short, AI might help flag issues, but it can’t fix them at scale with the nuance needed for real-world usability.

    The Real Risks of Relying on Overlays

    Many businesses adopt AI accessibility platform, believing they’re safe from lawsuits. They’re not. In fact, overlays are now being cited in accessibility lawsuits. Plaintiffs and advocacy groups argue that these tools are ineffective and even obstructive.

    The risks include:

    • Legal exposure. Courts have increasingly ruled that overlays do not ensure ADA compliance. Plaintiffs with disabilities have successfully sued companies using these tools.
    • Bad UX for disabled users. Overlays can conflict with screen readers, override user settings, or interfere with native assistive tech.
    • False security. Businesses relying on accessibility widgets might mistakenly believe they’re protected, overlooking critical accessibility issues that thorough audits and remediation would easily identify. In fact, in 2024 alone, 1,023 companies using accessibility widgets on their websites faced lawsuits.

    What Real Accessibility Looks Like

    True digital accessibility is not a checkbox or a plugin. It’s a commitment to inclusivity that starts in your codebase. That means:

    • Semantic HTML structure
    • Meaningful alt text
    • Keyboard navigability
    • Proper ARIA roles
    • Logical content order
    • Form labels and error identification

    These elements can’t be patched with JavaScript after the fact. They have to be built into the foundation of your site.

    Expert-Led Accessibility Works

    This is where companies like 216digital come in. Unlike overlay vendors, 216digital doesn’t promise overnight compliance. Instead, they deliver code-based accessibility services rooted in real expertise.

    Their process includes:

    • Manual audits by accessibility professionals
    • Comprehensive WCAG testing across devices and assistive technologies
    • Remediation services that fix issues in your site’s actual code
    • Ongoing support to maintain compliance over time

    This approach not only improves accessibility for users with disabilities but also strengthens your brand, SEO, and legal compliance.

    Don’t Fall for AI Accessibility Platform

    Rebranding overlays as “AI accessibility platforms” is a clever marketing move. But it doesn’t make them more effective. Businesses need to look past the buzzwords and focus on what truly matters: building accessible websites that work for real people.

    Overlays offer a temporary illusion of compliance. But for lasting accessibility, legal protection, and a genuinely inclusive user experience, expert-led, code-based solutions are the only path forward.


    If you’re serious about accessibility, skip the overlay. Choose real remediation. Choose a partner like 216digital who understands that accessibility isn’t just a feature—it’s a foundation.

    Start by filling out the contact form below to schedule your complimentary ADA briefing with 216digital today.

    Greg McNeil

    April 2, 2025
    Legal Compliance
    Accessibility, Ai and Overlay Widgets, AI-driven accessibility, Overlay, WCAG, Web Accessibility, Widgets

  • Everything on Accessibility for Ontarians with Disabilities Act (AODA)

    Did you know that one in five Ontarians has a disability? This means that a large segment of the population faces barriers many of us rarely consider—especially when going online. For businesses and website owners, ignoring accessibility can shut out customers who want your products or services but can’t navigate your site with ease. Creating an accessible experience isn’t just good practice; in Ontario, it’s also the law.

    Ontario’s Accessibility for Ontarians with Disabilities Act (AODA) was introduced in 2005 to help reduce and remove barriers for people with disabilities. Many businesses still fall short of meeting AODA requirements, even though compliance is mandatory. This article will clarify key regulations under the AODA, explain why it matters, and offer actionable steps to ensure your website is accessible. By the end, you’ll feel more confident in your ability to meet these legal and ethical obligations.

    A Quick Overview: What Is the AODA?

    The Accessibility for Ontarians with Disabilities Act (AODA) is a landmark law passed in 2005. It sets out rules to make everyday life better for people with disabilities in Ontario. While the AODA covers physical spaces, such as ensuring ramps and wide aisles, it also applies to digital properties. In other words, your website, apps, and online documents fall under its scope.

    By focusing on technology as well as brick-and-mortar locations, the AODA aims to provide equal access to everyone—whether they’re using a wheelchair, a screen reader, or any other assistive device.

    Why was the AODA Needed?

    Before the AODA became law, the Ontarians with Disabilities Act (ODA) tried to address similar issues. Passed in 2001, the ODA mainly targeted government agencies. Because it lacked strong enforcement tools, it didn’t do enough to break down barriers in the private and non-profit sectors.

    Recognizing these gaps, lawmakers introduced the AODA. Unlike the ODA, the AODA has clear enforcement measures that can include significant penalties for organizations that fail to comply. By building on the lessons from the ODA, the AODA established a more forward-looking system. This system continues to evolve, raising expectations for businesses to be fully inclusive in both physical and virtual environments.

    The 5 Standards of the AODA

    The AODA is made up of five key standards. Each standard focuses on a different area of daily life, ensuring organizations take a broad approach to accessibility.

    Customer Service

    This standard ensures that people with disabilities can interact with businesses as smoothly as anyone else. Examples include providing sign language interpreters for events and making store aisles wide enough for wheelchairs or walkers.

    Information and Communications

    Under this standard, organizations must offer information in accessible formats—like braille, large print, or audio. Websites also need to be designed in ways that people with disabilities can use, which includes ensuring screen readers and other assistive tech can read the content correctly.

    Employment

    Employers must create equitable hiring and workplace practices. They might offer flexible work hours or specialized equipment to employees with disabilities. The goal is to remove barriers that keep talented individuals from fully contributing at work.

    Transportation

    Public transit, taxis, and specialized transport services must meet the needs of individuals with mobility, vision, or hearing challenges. This standard helps people with disabilities stay mobile, independent, and connected to their communities.

    Design of Public Spaces

    This part of the AODA deals with the built environment. It covers things like ramps, tactile guiding surfaces, and other physical accessibility features in newly constructed or renovated public spaces.

    AODA and Web Accessibility Requirements

    One of the most impactful parts of the AODA is its focus on web accessibility. Under the law, most public and private organizations in Ontario must make their websites comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. WCAG sets international standards for how to make online content accessible to people with various disabilities. The guidelines come in three levels: A, AA, and AAA. A is the most basic level, while AAA is the most strict. The AODA currently targets Level AA, striking a balance between practicality and inclusivity.

    Core Elements of Compliance

    • Keyboard-Only Navigation: Making sure users can move through a site without a mouse.
    • Alt Text for Images: Providing descriptive text that screen readers can read aloud.
    • Sufficient Color Contrast: Text and background colors need enough contrast for people with low vision to read easily.
    • Resizable Text: Allowing users to enlarge text without losing important features.
    • Assistive Technology Compatibility: Ensuring your site works well with screen readers, voice recognition, and other tools.

    If your organization is in Ontario—be it a private company, non-profit, or government body—chances are you need to follow AODA web standards. Companies with 50 or more employees must also file accessibility reports, but even smaller companies should prioritize compliance to serve all customers properly.

    AODA Enforcement and Penalties: What’s at Stake?

    The Accessibility Directorate of Ontario is in charge of making sure the AODA is followed. If they find you in violation, they can issue warnings and fines. The amount depends on several things:

    • How severe the violation is
    • Whether it’s a first-time or repeat offense
    • Whether it’s an individual or a corporation in violation

    Fines can range from a few hundred dollars to $100,000 per day. Beyond the financial risk, non-compliance can harm your reputation. Consumers today expect brands to show responsibility and compassion. Failing to meet AODA requirements may lead potential customers to shop elsewhere.

    How to Know if Your Website Is AODA-Compliant

    Checking your website against AODA standards can be done in several ways. Automated tools can scan your pages for some basic issues, like missing alt text or poor color contrast. However, these tools only catch part of the problem. A manual audit done by professionals offers deeper insight, finding subtle issues that automated scans often miss—like improper link descriptions or confusing page layouts.

    The best approach is usually a mix of both:

    • Automated Checks: Quick and helpful for spotting coding errors and missing tags.
    • Human Review: Experts test your site with screen readers and other assistive technologies, ensuring a more complete analysis.

    Steps to Remediate Accessibility Issues

    Achieving AODA compliance is a journey rather than a one-time fix. Here are key steps to help your organization move forward:

    Learn WCAG Standards

    Study the WCAG 2.0 Level AA requirements. Focus on text contrast, alt text, keyboard navigation, and other essentials.

    Run an Accessibility Audit

    Use online tools or consult with 216digital for a thorough website review. A professional audit can uncover issues that might go unnoticed with basic scans.

    Fix Identified Issues

    Some problems can be solved with simple changes like adding alt text or adjusting font sizes. Others might need deeper code updates or rethinking your site’s design.

    Train Your Team

    If your staff isn’t aware of accessibility best practices, problems will keep popping up. Educate content writers, graphic designers, and developers about inclusive design.

    Stay Up to Date

    WCAG guidelines and AODA regulations can evolve over time. Keep checking official sources or partner with an accessibility-focused service provider.

    Implement Ongoing Monitoring

    Tools like 216digital’s a11y.Radar can help you spot and fix new issues before they become major obstacles for users with disabilities.

    Conclusion

    Meeting the requirements of the AODA isn’t just about avoiding fines—it’s about treating all people with fairness and respect. By making your website accessible, you open your virtual doors to a larger audience, improve your public image, and stay on the right side of the law. More than that, you make a real difference in the lives of those who rely on accessible websites to work, shop, learn, and connect.

    If you’re not sure where to begin, start by assessing your site for AODA compliance through an automated and manual audit. From there, put together a plan to fix errors, train staff, and keep up with any changes in the rules. If you need extra support, reach out to specialists like 216digital for expert guidance—whether you want help running an audit or need hands-on assistance to resolve complex issues.

    Remember, accessibility isn’t a box you check once; it’s an ongoing commitment that benefits everyone. By embracing the AODA and focusing on web accessibility, you’re doing more than following the law—you’re building a better future for all Ontario residents and online visitors alike.

    Greg McNeil

    April 1, 2025
    Legal Compliance
    Accessibility, Accessibility for Ontarians with Disabilities Act, accessibility laws, AODA, International Accessibility Laws, Website Accessibility
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