Applying Accessibility Standards to ICT

If you’ve ever wondered whether accessibility laws apply to your website, app, or digital content, you’re not alone. The answer ultimately depends on where you operate and the customer base you serve.

Below, we’ll examine the global digital accessibility landscape, comparing how the United States and European Union approach regulation, where requirements differ, and where they align. By then end, you’ll have a clear picture of which laws are most applicable to your organization, what standards you need to follow, and how to move confidently forward.

United States: A Two-Tier Approach

In the U.S., digital accessibility requirements depend on who are you. Government entities face explicit, enforceable standards, while private organizations operate under a more interpretive legal framework, one that still carries real risk. 

For Government Entities

Federal, state, and local government websites, apps, and digital documents must meet Section 508 regulations. These regulations are based on the W3C's Web Content Accessibility Guidelines (WCAG) 2.0 Level AA, with real consequences for non-compliance.

For Private Entities

This is where things get nuanced. Title III of the ADA prohibits discrimination in "places of public accommodation," but the law was written before websites existed.

To address that gap, the Department of Justice (DOJ) has clarified that websites can qualify as public accommodations. As a result, inaccessible business websites and government-funded digital properties can still trigger legal action under the ADA.

What Standard Should You Follow?

The DOJ consistently points to WCAG as the benchmark for accessibility anf compliance. Recent enforcement actions have pointed to  WCAG 2.1 Level AA as the benchmark for acceptable web accessibility.

Even without a formal regulation requiring private-sector websites to be accessible, this standard provides organizations with a clear target and a practical way to reduce legal risk.

The European Union: Comprehensive Requirements

The EU takes a comprehensive approach to digital accessibility, addressing both public and private sectors through distinct but complementary legislation.

The EU Web Accessibility Directive (Public Sector)

This directive requires all public sector websites and applications in the European Union to be accessible. Compliance is mandatory, and failure to comply can result in:

• Costly fines

• Legal penalties

• Negative reputational consequences

The European Accessibility Act (Private Sector)

Officially adopted in 2019 and enforced beginning July 28, 2025, the European Accessibility Act (EAA) extends accessibility requirements well beyond just websites and mobile apps. It applies to a wide range of products and services, including:

• Websites and mobile applications

• Terminals and ATMs

• E-books and e-readers

• Computers and operating systems

• Banking services

• Transportation services (ticketing systems, websites, and terminals)

• E-commerce services

Who Must Comply?

Any private organization that manufactures, sells, or supplies ICT products within the EU. Non-compliance carries significant financial risks and potential litigation.

What Standard Should You Follow?

To meet these standards, the Web Accessibility Directive recommends that websites, mobile apps, and kiosks fulfill EN 301 549. This standard incorporates WCAG 2.1 Level AA requirements, aligning EU accessibility requirements with internationally recognized best practices.

Looking Ahead

Accessibility standards continue to evolve as technologies and user needs shift. WCAG 2.2 was released in October 2023, adding new success criteria to address additional accessibility needs. Organizations should stay current with these updates while ensuring they meet the existing baseline requirements.

Accessibility is no longer optional in most of the world. The question isn't whether to make your ICT accessible, it's how quickly you can get there and what strategies you'll use to maintain accessibility as your organization grows.

We'll cover this in more detail in the next chapter.

IAAP Suggested Study Resources