Legal Compliance Archives/Category

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
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 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

Understanding the Accessible Canada Act (ACA)

Who Needs to Comply with the ACA?

The Real-World Impact of Web Accessibility

ACA Web Accessibility Standards and Guidelines

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

How to Meet Web Accessibility Requirements

Start With an Audit

Get Feedback From User

Test Everything

ACA Reporting and Documentation

How to File an ACA Complaint

Other Accessibility Laws in Canada

Helpful Tools and Support

Make Accessibility a Core Part of What You Do

Why Data Privacy and Accessibility Align

A Quick Primer on U.S. Privacy Rules

What Accessibility Means Online

Where the Two Worlds Meet

Four Places Trust Can Break

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

2. Forms and Checkout

3. Analytics and Tracking

4. Content Files

Building a Cross-Team Trust Framework

Action Plan in Seven Steps

Measuring Success

Final Thoughts

1. The UK Accessibility Laws

The Equality Act 2010

Public Sector Bodies Accessibility Regulations 2018

BS 8878: The UK Accessibility Standard

The European Accessibility Act (EAA)

Understanding WCAG: The Global Accessibility Guide

The POUR Principles

Key WCAG Requirements

What Compliance Actually Looks Like

Run an Accessibility Audit

Fix the Biggest Barriers First

Create and Publish an Accessibility Statement

Train Your Team

Integrate Accessibility into Every Project

Monitor and Maintain

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

Conclusion: You Don’t Have to Do This Alone

What the CCPA Introduced to U.S. Businesses

A Ripple Effect Beyond California

The GDPR: Setting the Global Standard

Core GDPR Requirements:

GDPR vs. CCPA: Two Paths, One Direction

Who’s Affected?

Consumer Rights

Consent Models

A Growing Patchwork of U.S. Laws

What You Can Do Now

1. Map Your Data

2. Strengthen Your Privacy Policy

3. Build in Flexibility

4. Respect User Rights

5. Lead with Transparency

Final Thoughts

What Are Serial ADA Plaintiffs?

Why Do Businesses Risk ADA Non-Compliance?

Judge Cogan Pushes Back: A Turning Point?

Practical Steps to Avoid Being Targeted

1. Conduct a Professional Accessibility Audit

2. Fix the Most Common Accessibility Errors

3. Document Your Accessibility Efforts

4. Stay Informed on Legal Requirements

5. Implement Ongoing Monitoring

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

Our Services Include

Final Thoughts

Why Web Accessibility Should Be on Your Radar

What the Disability Discrimination Act (DDA) Actually Says

Real Cases That Changed the Game

So… Does This Apply to Your Website?

The Standards You Need to Know (and Follow)

Government Strategies & National Guidelines

What Happens If You Don’t Comply?

Making Your Website Accessible: Where to Start