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Web6 min readUpdated

Web Accessibility in 2026: What the ADA and the European Accessibility Act Require of Your Business

An accessible website is one that people with visual, hearing, motor or cognitive disabilities can use, for example with a screen reader or with the keyboard alone. In the United States, the Department of Justice considers that the ADA covers the websites of businesses open to the public, and lawsuits over inaccessible sites are common. In the European Union, the European Accessibility Act has applied since June 28, 2025 to services such as e-commerce. In both cases the technical reference is WCAG, at level AA.

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What does the ADA require of websites in the United States?

The ADA (Americans with Disabilities Act) prohibits discrimination against people with disabilities by businesses open to the public. In its 2022 guidance, the Department of Justice explains that this obligation includes goods and services offered on the web (ADA.gov).

There is no regulation setting a mandatory technical standard for private businesses. The Department of Justice allows flexibility in how to comply and points to WCAG and the Section 508 Standards as references.

Lawsuits are the concrete risk. According to UsableNet, an accessibility company that tracks these cases, 2,019 digital accessibility lawsuits were filed in the first half of 2025, 69% of them against online stores. New York leads in state court filings and Florida in federal court (UsableNet via Newswire).

What is the European Accessibility Act and who does it cover?

The European Accessibility Act (Directive (EU) 2019/882) sets accessibility requirements for products and services sold to consumers in the European Union. The services covered include e-commerce, banking, e-books, passenger transport and communications (EUR-Lex; European Commission).

It applies to services provided to consumers since June 28, 2025. Microenterprises that provide services, meaning those with fewer than 10 employees and annual turnover or a balance sheet of up to EUR 2 million, are exempt from the service requirements. Each EU country has written the directive into its own law and sets its own checks and penalties.

If your company is outside Europe but sells online to European consumers, the directive may apply to you too. Check with a lawyer in the country you sell to.

What is WCAG and which level should you meet?

WCAG (Web Content Accessibility Guidelines) are the guidelines of the W3C, the body that defines web standards. They have three levels: A, AA and AAA. Level AA is the one used as the reference in contracts, regulations and complaints.

The latest version is WCAG 2.2, published in October 2023 (W3C). Meeting 2.2 AA also covers what 2.1 AA required, which is the basis of the European technical standard EN 301 549.

How do I check my site’s accessibility?

  1. Navigate with the keyboard only. Use Tab to move forward and Enter to activate. You should be able to reach every menu, button and form, and always see which element you are on.
  2. Run an automated tool, such as WAVE or Lighthouse in Chrome. It detects contrast problems, images without alt text and forms without labels.
  3. Check the contrast between text and background, especially on buttons and text over photos. Record the approved color combinations in your brand guidelines so every new piece starts out accessible.
  4. Try a screen reader: VoiceOver on Mac and iPhone, or NVDA (free) on Windows. Listen to whether headings, links and buttons make sense.
  5. Zoom the page to 200% and check that nothing is cut off or overlapping.

An automated tool finds only part of the problems. The Department of Justice guidance warns that a “clean” report does not guarantee the site is accessible and recommends adding a manual review (ADA.gov).

What are the most common errors?

ProblemWhy it gets in the wayHow to fix it
Images without alt textThe screen reader can’t describe themWrite short alt text that says what the image shows
Low contrastThe text is hard to readDarken the text or lighten the background until it reaches the contrast WCAG requires
Form fields without labelsNobody knows what goes in each fieldA visible label tied to each field
Menus that only work with a mouseKeyboard users can’t navigateMenus that open and can be browsed with the keyboard
Videos without captionsDeaf people miss the contentReviewed captions, not just automatic ones
Icon-only buttonsThe screen reader says “button” without saying what it doesAn accessible name, such as “Open menu”

Does an accessibility widget solve the problem?

Widgets that add a button to change colors or font sizes don’t fix the site’s code. If images have no alt text or the menu doesn’t work with a keyboard, the problem is still there. They can be a complement, but they don’t replace fixing the site.

In short

  • The ADA covers the websites of businesses open to the public in the US, and lawsuits concentrate on online stores.
  • The European Accessibility Act has applied since June 28, 2025 to e-commerce and other consumer services.
  • The technical reference is WCAG, level AA. The latest version is 2.2.
  • Automated tools help, but a manual review is needed.
  • A widget doesn't replace fixing the site.

Frequently asked questions

Can my small business be sued over accessibility in the US?

Yes. The ADA covers businesses open to the public regardless of size, and online stores account for most lawsuits.

Does the European law apply to my company website?

It depends on what the site does. The directive targets consumer services such as e-commerce. A site that only presents the company carries less risk, but if it sells online to consumers in the EU, it falls within scope.

How long does it take to make a site accessible?

It depends on the size and how it was built. Fixing a small custom-built site can take a few days. A large site built with many plugins can take weeks.

Do I need an accessibility statement?

In the EU, service providers within scope must explain how they meet the requirements. In the US it isn't mandatory, but a page that explains your commitment and gives a contact for reporting problems helps.

Does accessibility help SEO?

Several practices overlap: well-ordered headings, alt text on images and links with clear text help Google understand the page.

Answers from the AiDo Creative team
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