Europe's Digital Accessibility Landscape

While the new US regulations are specific to the public sector, Europe has its own set of digital accessibility requirements. Under the European Accessibility Act (EAA), private sector businesses that provide goods or services online within the EU must comply with accessibility standards. This regulation applies to any company, regardless of where it is based, if it operates online in an EU country.

Although the EAA currently does not extend to the public sector, UK organisations—especially those with an online presence targeting European markets—must still ensure their digital platforms are accessible to meet these obligations. Additionally, the Web Accessibility Directive (WAD) applies to public sector bodies in the EU and UK, requiring compliance with WCAG 2.1 guidelines. The EAA’s requirements closely align with these standards, which also form the basis of UK accessibility laws. This alignment makes the EAA and WCAG a valuable reference for British businesses and public sector bodies aiming to stay compliant and avoid legal risks when operating in or with EU countries.

The U.S. Digital Accessibility Landscape

The U.S. Department of Justice has finalised new digital accessibility rules under Title II of the Americans with Disabilities Act (ADA). For the first time, state and local governments have a clear technical standard to follow and fixed deadlines to meet. While these rules are US-specific, they could serve as a useful reference for British organisations aiming to improve their own digital accessibility strategies, especially in the public sector.

As Acting Associate Attorney General Benjamin C. Mizer stated, “The rule, which clarifies the standards for making mobile apps and websites accessible, is vital to people’s ability to use and benefit from public programs and services.”

Key Deadlines for US Public Sector Entities

• Jurisdictions serving 50,000+ people: April 24, 2026

• All others (under 50,000 people or special districts): April 26, 2027

Challenges and Backlogs in Digital Accessibility

At the NASCIO Midyear Conference, state accessibility officers underscored the severity of the task, noting that many agencies are significantly behind. Texas Statewide Digital Accessibility Program Administrator Marie Cohan stated that while some agencies are ahead of the curve, many are scrambling to catch up, and many others are caught off guard by the sudden push for compliance. The technical benchmark is WCAG 2.1 Level AA, covering critical accessibility issues like colour contrast, keyboard navigation, text spacing and video captions.

The challenge lies in the extensive backlog of web content, such as inaccessible PDFs, missing alternative text for images, and videos without captions, that must be addressed. As Minnesota’s Chief Information Accessibility Officer, Jay Wyant pointed out, resources are limited, and governments must begin allocating time and funds immediately to meet the upcoming deadlines.

Awareness Is Still Low — But Legal Risk Is High

Despite this new clarity, many risk managers and public-sector leaders are still unaware of their obligations, and that’s creating unnecessary exposure.

Accessibility-related legal actions are on the rise, and they’re relatively easy to file. A demand letter costs little to generate, but defending even one claim can cost a public entity $25,000–$100,000+ in legal fees, staff time, and remediation. That’s before factoring in potential settlements or repeated claims from other parties.

Public Entities Are Already Being Held Accountable

These aren’t just hypothetical risks. Enforcement is already happening, and the following cases show how courts and regulators are responding:

Louisiana (2025)
A blind individual filed a lawsuit against the state over multiple inaccessible government-run websites. The state attempted to dismiss the claim on the grounds that DOJ deadlines hadn’t yet passed — but the court disagreed. The judge ruled that existing ADA protections still apply, even without the new technical deadlines in effect.
https://www.lflegal.com/2025/02/louisiana-web-case/

Oklahoma (2024)
The DOJ reached a public settlement with a state agency regarding its inaccessible mobile app, confirming that accessibility rules extend beyond websites to apps and digital tools.
https://adasitecompliance.com/oklahoma-agency-doj-settled-inaccessible-mobile-app/

Local Government Fines 
Several local governments have faced fines up to $75,000 for first-time violations, and up to $150,000 for repeat offences under state-level ADA enforcement.
https://www.civicplus.com/blog/wa/local-governments-facing-ada-accessibility-fines/

“This final rule marks the Justice Department’s latest effort to ensure that no person is denied access to government services…” 
— Attorney General Merrick B. Garland, April 8, 2024

A Risk Issue, Not Just a Tech Task

Too often, digital accessibility is handed off to web or IT teams. But they can't control all the content added to your websites and apps, especially in organisations where multiple departments, contributors, or third parties are involved.

Entities making real progress treat accessibility as a risk and compliance issue, not just a technical one. They involve legal, operations, comms, and leadership early in the process.

This shift toward a proactive, managed approach is reducing the cost of compliance and helping organisations avoid the ongoing distraction and disruption of ADA complaints.

Despite the difficulties, Cohan expressed hope that this push for compliance would have a lasting impact "When we’re developing technology, we need to think of the three most important things: privacy, accessibility, and security."

Start with a Free Accessibility Check

Whether you're a public entity or private enterprise in the US or the UK, assessing your current accessibility status is crucial. Start with a no-cost accessibility audit to gain insights into the improvements needed for compliance.

Visit https://sitemorse.com/check to start your free accessibility audit. 

It only takes a few minutes and gives you a clear snapshot of your current accessibility status, so you can plan your next steps with confidence and get ahead of the curve.

Further Resources

For more on the DOJ’s final rule and compliance guidance, visit:
https://www.schwabe.com/publication/digital-accessibility-requirements-for-public-entities

To view the DOJ's full official rule:
https://www.justice.gov/archives/opa/pr/justice-department-publish-final-rule-strengthen-web-and-mobile-app-access-people

For additional context on the issue, see the following govtech.com blog post:
https://www.govtech.com/gov-experience/the-accessibility-clock-is-ticking-for-state-governments