ADA Title II web accessibility exceptions
Five specific exceptions—not a blanket exemption for old files or third-party services.
Summary
The Americans with Disabilities Act (ADA) Title II web rule generally requires covered web content and mobile applications to meet Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. 28 Code of Federal Regulations (CFR) § 35.201 lists five exceptions. Read each exception with its conditions and the relevant definitions in § 35.104.
Five exceptions
1. Archived web content — § 35.201(a)
The definition requires content created before the applicable deadline (or qualifying reproductions of older physical materials), retained exclusively for reference, research, or recordkeeping, unchanged after archival, and organized and stored in a dedicated area clearly identified as archived. Review all four archive conditions.
2. Preexisting conventional electronic documents — § 35.201(b)
Conventional electronic documents must have been available before the applicable deadline. The exception excludes documents currently used for activities such as applying for, gaining access to, or participating in the entity’s programs, services, or activities. Creation date alone is not enough. Review availability and current use.
3. Content posted by a third party — § 35.201(c)
The exception does not cover content posted by a third party under contractual, licensing, or other arrangements with the public entity. A vendor relationship is not a general way to transfer the entity’s responsibility. Review third-party content.
4. Individualized, secured documents — § 35.201(d)
This exception concerns conventional electronic documents about a specific individual, their property, or their account, secured by a password or other protection. A login requirement alone does not establish that all content behind it is excepted.
5. Preexisting social media posts — § 35.201(e)
This applies to social media posts made before the applicable compliance date. It is not a general exception for new social media content. Review social media content.
Check the conditions
“Old,” “internal,” “archived,” and “provided by a vendor” are not sufficient conclusions. Identify the applicable provision, check its conditions against the actual content and use, and escalate uncertain cases for qualified review.
Review and record
As an operational practice, record the content, responsible owner, provision considered, supporting evidence, reviewer, date, and unresolved questions. Grouping similar files helps organize work but does not guarantee that every group member qualifies. This suggested record is not a prescribed legal form or safe harbor.
Continuing obligations
The Department of Justice explains that effective communication, reasonable modifications, and equal opportunity obligations continue even when an exception to the technical standard applies. A person may still need the excepted information in an accessible format. Other applicable laws also require separate analysis; this page does not predict the outcome of a complaint.