Web Accessibility Legislation: Your Legal Obligations Explained

Digital accessibility has transitioned from a best practice to a legal mandate across much of the world. A growing body of legislation requires organizations to make their websites, applications, and digital services accessible to people with disabilities. Understanding which laws apply to your organization — and what they require — is essential for managing legal risk and serving all users effectively.

The Global Regulatory Landscape

Accessibility legislation exists at multiple levels — international, regional, and national — and the requirements vary by jurisdiction, industry, and type of organization. However, nearly all of these laws point to the same technical standard: WCAG. Whether you are dealing with the European Accessibility Act, the Americans with Disabilities Act, Section 508, or the Accessibility for Ontarians with Disabilities Act, the path to compliance runs through WCAG conformance at Level AA.

This convergence on WCAG is a significant advantage for organizations operating internationally. By achieving WCAG 2.2 Level AA conformance, you address the core technical requirements of virtually every major accessibility regulation worldwide.

European Accessibility Act (EAA)

The European Accessibility Act is the most significant recent development in accessibility law. Adopted as EU Directive 2019/882, the EAA became enforceable across all EU member states on June 28, 2025. It requires that a wide range of products and services be accessible to people with disabilities, including e-commerce services, banking services, transport services, telecommunications, e-books, and consumer electronics.

The EAA applies to all organizations operating in the EU with 10 or more employees and annual turnover or balance sheet exceeding €2 million. Critically, it applies regardless of where the organization is headquartered — if you sell products or services to EU consumers, you are likely covered.

The EAA does not specify detailed technical standards directly. Instead, it establishes functional accessibility requirements aligned with the POUR principles. Organizations can demonstrate compliance through conformance with EN 301 549, the harmonized European standard for ICT accessibility, which incorporates WCAG 2.1 Level AA and is expected to be updated to include WCAG 2.2.

Each member state enforces the EAA independently and determines its own penalties for non-compliance. The European Commission has emphasized that accessibility overlay widgets do not provide compliance — automated tools alone cannot satisfy all WCAG criteria.

EN 301 549: The European Technical Standard

EN 301 549 is the harmonized European standard for accessibility requirements of ICT products and services. It serves as the technical benchmark for EAA compliance and is used across European public procurement.

For web content, EN 301 549 directly incorporates WCAG 2.1 Level AA criteria. This means that if your website conforms to WCAG 2.1 AA, you have met the web content requirements of EN 301 549. However, the standard covers more than just websites — it includes requirements for non-web software, documents, hardware, and real-time communication tools.

EN 301 549 is currently being updated to incorporate WCAG 2.2, which will align it with the latest international accessibility standard.

Americans with Disabilities Act (ADA)

In the United States, the Americans with Disabilities Act is the primary federal law governing accessibility. Title II of the ADA applies to state and local government entities and now explicitly requires conformance with WCAG 2.1 Level AA for their websites. Title III applies to private businesses that serve the public, and while it does not explicitly mention websites, the Department of Justice has consistently taken the position that websites of public accommodations must be accessible, frequently referencing WCAG as the applicable standard.

ADA-related web accessibility lawsuits have increased dramatically over the past decade, making compliance a significant legal risk for US-facing businesses.

Section 508

Section 508 of the Rehabilitation Act requires that electronic and information technology used by US federal agencies be accessible. The Section 508 standards directly reference WCAG 2.0 Level AA as the conformance requirement for web content.

While Section 508 directly applies only to federal agencies, its influence extends further through procurement requirements. Any organization that sells technology or services to the US federal government must be able to demonstrate Section 508 compliance, typically through a Voluntary Product Accessibility Template (VPAT).

Other International Regulations

The Accessibility for Ontarians with Disabilities Act (AODA) in Canada requires organizations in Ontario to meet WCAG 2.0 Level AA standards. Similar laws exist in Australia, Japan, Israel, South Korea, and many other countries — virtually all referencing WCAG as their technical standard.

Consequences of Non-Compliance

The consequences of failing to meet accessibility requirements are multi-dimensional. Legal penalties can include fines, mandatory remediation orders, and in some jurisdictions, private lawsuits with statutory damages. In the US, web accessibility lawsuits have become a significant category of ADA litigation.

Beyond legal risk, non-compliance carries business consequences. Lost customers, damaged brand reputation, exclusion from public procurement, and increased remediation costs when problems compound over time. Organizations that invest in accessibility proactively typically spend far less than those forced to remediate reactively under legal pressure.

What You Should Do

Start by understanding which laws apply to your organization based on where you operate, who your customers are, and what industry you are in. Then target WCAG 2.2 Level AA conformance — this addresses the technical requirements of virtually all current regulations and positions you ahead of evolving standards. Conduct a formal accessibility audit, develop a remediation plan, publish an accessibility statement, and establish ongoing monitoring to maintain compliance over time.