Legal Compliance Archives- Page 2 of 11/Category

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

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

ADA Title II Compliance: What Hasn’t Changed

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

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

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

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

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

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

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

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

Upcoming Deadlines for Digital Accessibility

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

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

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

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

The Path Forward Amid Uncertainty

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

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

March 4, 2025

Legal Compliance

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

Not so fast.

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

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

What Are Accessibility Overlays?

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

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

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

Why Are EDF and IAAP Against Accessibility Overlays?

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

1. Overlays Don’t Actually Fix Accessibility Issues

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

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

2. Accessibility Overlays Can Interfere with Assistive Technologies

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

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

3. Overlays Create a False Sense of Compliance

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

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

4. Businesses Using Overlays Still Get Sued

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

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

5. Users with Disabilities Strongly Oppose Accessibility Overlays

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

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

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

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

6. Overlays Can Introduce New Barriers

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

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

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

What Should Website Owners Do Instead?

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

1. Conduct a Proper Accessibility Audit

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

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

2. Fix Accessibility Issues at the Code Level

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

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

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

4. Train Your Team on Accessibility Best Practices

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

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

5. Monitor and Maintain Accessibility Over Time

Websites change all the time—so does accessibility.

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

Conclusion

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

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

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

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

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

February 26, 2025

Legal Compliance

Accessibility, accessibility overlays, Legal compliance, Overlay widgets, Overlays, Web Accessibility

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

Make Accessibility a Priority—Not an Afterthought

What Is an Overlay, Really?

The AI Smokescreen

The Real Risks of Relying on Overlays

What Real Accessibility Looks Like

Expert-Led Accessibility Works

Don’t Fall for AI Accessibility Platform

A Quick Overview: What Is the AODA?

Why was the AODA Needed?

The 5 Standards of the AODA

Customer Service

Information and Communications

Employment

Transportation

Design of Public Spaces

AODA and Web Accessibility Requirements

Core Elements of Compliance

AODA Enforcement and Penalties: What’s at Stake?

How to Know if Your Website Is AODA-Compliant

Steps to Remediate Accessibility Issues

Learn WCAG Standards

Run an Accessibility Audit

Fix Identified Issues

Train Your Team

Stay Up to Date

Implement Ongoing Monitoring

Conclusion