The archived web content exception

All four conditions matter

The archived web content exception is in § 35.201(a), using the definition in § 35.104. Read the Title II rule with its definitions. The content must:

1. Have been created before the applicable compliance date, or reproduce paper documents or other physical media created before that date.
2. Be retained exclusively for reference, research, or recordkeeping.
3. Remain unaltered and not updated after archival.
4. Be organized and stored in a dedicated area clearly identified as archived.

Exclusive purposes, not an arbitrary age threshold

Reference, research, and recordkeeping are the listed purposes; the wording does not require choosing exactly one of them. Review the actual reason content is maintained. An archive label or an old timestamp alone does not establish all four conditions.

A link is evidence, not a separate legal condition

A current page linking to a dedicated archive does not automatically disqualify the archived content. Likewise, an external link is not an independent condition in the definition. Investigate current use and purpose rather than applying a zero-inbound-links rule.

Moving or editing content needs review

Moving newly created content to an archive does not remove the date condition. Review changes to archived material against the no-alteration condition; this page does not assume every surrounding site-template change necessarily alters the archived content itself.

Keep the basis for the decision

Suggested operational record: identify the material, date evidence, archive location, purpose, changes, reviewer, and unresolved questions. Choose review triggers based on actual changes and use. This record is not a safe harbor. Even when the technical-standard exception applies, effective communication, reasonable modifications, and equal opportunity duties continue. Read DOJ’s explanation and examples.