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Website Accessibility for Startups: WCAG, ADA and the EAA Explained

Website accessibility compliance for startups in 2026: which US and EU rules apply, what WCAG 2.2 AA asks for, why overlays fail, and a practical path to comply.

By Mehdi Hassan13 min read

The short answer

Website accessibility compliance means your site meets the technical standard that accessibility laws point to, which in practice is WCAG at Level AA. In the US the ADA applies to many business sites; in the EU the European Accessibility Act covers consumer-facing services. You comply by testing, fixing issues in code and design, publishing a statement and retesting regularly.

Key takeaways

  • Both US and EU rules lead to the same practical target: WCAG Level AA, with 2.2 as the current version.
  • Seyfarth counted 3,117 federal website accessibility lawsuits in 2025, up 27% on the year before.
  • The EAA has applied since 28 June 2025 to businesses selling covered services to EU consumers.
  • Overlay widgets don't make a site compliant; the FTC fined one vendor $1M over its claims.
  • Compliance is a process: test, fix in code, publish a statement, then retest after every major release.

What is website accessibility compliance?

Website accessibility compliance means people with disabilities can use your site, and you can show it meets the standard that laws and contracts refer to. That standard is almost always the Web Content Accessibility Guidelines (WCAG) from the W3C, at Level AA. Compliance isn't a badge you buy; it's the state of your code, design and content on the day someone checks.

WCAG groups its rules under four ideas: content has to be perceivable, interfaces have to be operable, content and behavior have to be understandable, and the code has to work with assistive technology such as screen readers. Each idea breaks down into testable success criteria at three levels, A, AA and AAA. Level AA is the target nearly every law, procurement team and settlement agreement uses, so it's the one we design and build against.

For a startup, web accessibility matters for three reasons at once. It's a legal exposure in the US and the EU, it's a sales requirement when enterprise buyers send security and accessibility questionnaires, and it's simply better UX: clear labels, readable contrast and keyboard support help everyone. This guide covers the law on both sides of the Atlantic in one place, then links to the detailed articles in this series.

Which accessibility laws apply to a startup website?

Which accessibility laws apply depends on where your customers are and who they are, not where your company is registered. A US company selling to EU consumers can fall under the European Accessibility Act, and a European company with US customers can be sued under the ADA. Most startups should assume at least one of these applies and plan for WCAG AA.

Rule

Who it covers

Technical benchmark

How it's enforced

ADA Title III (US)

Businesses open to the public, which courts often extend to websites

No formal rule; WCAG 2.1 or 2.2 AA used in practice

Private lawsuits and demand letters

ADA Title II (US)

State and local government websites

WCAG 2.1 AA under the Justice Department's 2024 rule

Federal enforcement and lawsuits

Section 508 (US)

Federal agencies and what they buy

WCAG 2.0 AA via the Section 508 standards

Procurement requirements

European Accessibility Act (EU)

Covered products and services sold to EU consumers

EN 301 549, which maps to WCAG AA

National market surveillance authorities

Enterprise contracts

Any vendor selling to large buyers

Usually WCAG 2.1 or 2.2 AA plus a conformance report

Lost deals and contract terms

The last row is the one founders forget. Even if no regulator ever looks at your site, a procurement team will ask for a conformance report or an accessibility statement before signing. The trust pages a B2B website needs increasingly include an accessibility page next to security and status.

What does ADA website compliance mean in the US?

ADA website compliance means your site doesn't block disabled people from goods and services you offer to the public. Title III of the Americans with Disabilities Act doesn't name a technical standard for private business websites, so courts and settlements fill the gap with WCAG AA. The Justice Department's published web guidance says businesses have flexibility in how they comply, but the site must be accessible.

Federal website accessibility lawsuits in 2025 (Seyfarth)
3,117
Rise in federal filings versus 2024 (Seyfarth)
+27%
Suits including state courts in 2025 (UsableNet)
~4,900

Those numbers are why ADA risk is real for startups and not just for big retailers. Seyfarth's count covers federal courts only; UsableNet's higher figure of about 4,900 includes state courts. Many claims start as a demand letter that never becomes a filed case, so the real volume of disputes is higher than either count.

The practical priority is any flow where a person spends money or signs up: checkout, booking, demo requests and account creation. If a screen reader user can't complete those, the claim is easy to build. Our guide to ADA website compliance walks through Title III, the 2024 Title II rule and how to prioritize fixes.

Does the European Accessibility Act apply to your website?

The European Accessibility Act applies to your website if you sell covered products or services to consumers in the EU, wherever your company is based. It has applied since 28 June 2025. EAA compliance is checked by national authorities in each member state, and the technical yardstick is the harmonised standard EN 301 549, whose web section aligns with WCAG AA.

The EAA doesn't cover every website. It lists specific services, including e-commerce services sold to consumers, consumer banking, e-books, electronic communications and some passenger transport services. A B2B SaaS product sold only to companies is often outside the list, while a consumer subscription sold online is usually inside it. Two details matter for small companies:

  • Microenterprise exemption. Very small service providers are exempt from the service requirements. The directive defines the size limits, so check them against your headcount and turnover.
  • 2030 transition. Services already provided before June 2025 have a transition period running to 2030, but new services and new contracts are covered now.
  • Statement duty. Covered service providers must explain how their service meets the requirements, usually in an accessibility statement or terms.

Our article on the European Accessibility Act for non-EU SaaS companies goes through scope tests, the exemption and EN 301 549 in detail.

What does WCAG 2.2 AA require in practice?

WCAG 2.2 Level AA requires that people can perceive your content, operate every control with a keyboard, understand what's happening and use the site with assistive technology. W3C published 2.2 in 2023, adding criteria about focus visibility, target size, dragging, consistent help, redundant entry and accessible login. Most WCAG compliance failures we see fall into a handful of areas.

Area

What AA asks for

Who usually fixes it

Color contrast

4.5:1 for body text, 3:1 for large text and UI parts

Design

Keyboard access

Every action works without a mouse, with a visible focus

Development

Focus not obscured

Sticky headers and banners don't hide the focused item

Design and development

Target size

Click targets at least 24 by 24 CSS pixels, or enough spacing

Design

Forms

Visible labels, clear errors, no re-typing the same data

Copy and development

Images and media

Text alternatives, captions for video

Copy

Motion

Moving content can be paused; no flashing

Design and development

Structure

Real headings, landmarks, link text that makes sense

Copy and development

The full breakdown by role lives in our WCAG 2.2 checklist for designers and developers. For the visual side, see accessible design basics: contrast, type and focus states. Forms deserve their own pass, covered in accessible forms, and so does animation, covered in accessible animation with prefers-reduced-motion.

Does an accessible website have to look plain?

No. Most AA rules constrain contrast, sizes and behavior, not style. You can keep a dark theme, custom type, motion and a strong brand color; you just pair that color with text that passes contrast, give buttons a real focus ring, and offer a reduced-motion version of heavy animation.

Where teams struggle is a brand palette chosen without contrast in mind. Fixing that early, at the brand stage, is far cheaper than patching it page by page after launch.

Do accessibility overlays make a website compliant?

No. Accessibility overlays, the toolbar widgets added with one script tag, don't make a site compliant, because they can't fix the underlying code a screen reader or keyboard relies on. In 2025 the US Federal Trade Commission finalized a $1 million order against overlay vendor accessiBe over claims that its product could make any site compliant.

Overlays can also get in the way of the assistive tools disabled users already have, and installing one isn't a recognized defense in any law we know of. The fix for an unlabeled button is a label in the HTML; no widget can guess intent reliably. We explain the FTC case and what to do instead in do accessibility overlays work?

Pros

  • Quick to install and inexpensive compared with remediation
  • Some settings, like larger text, are harmless for some visitors

Cons

  • Doesn't fix missing labels, broken focus order or bad markup
  • Can conflict with screen readers and browser settings
  • Not accepted as compliance by courts or regulators
  • Sends a signal to disabled users that the real site wasn't fixed

How do you make a website accessibility compliant?

You make a website compliant by finding the problems, fixing them where they live (design files, components and content), documenting the result and keeping it that way. Treat it like security: a project to reach a baseline, then a habit in every release. Here's the order we follow.

  1. Run automated scans

    Use tools like axe or Lighthouse on your key templates to catch missing alt text, contrast failures and empty links. Scans find only part of the issues, so they're a starting point. Our guide on how to test website accessibility covers the tools and a manual routine.

  2. Test by hand on key flows

    Tab through the homepage, pricing, signup and checkout with no mouse. Then try them with a screen reader. Manual checks find focus traps, unlabeled buttons and confusing order that scanners miss.

  3. Get an audit if the stakes are high

    If you sell to enterprise, the public sector or EU consumers, a structured manual audit against WCAG 2.2 AA gives you a prioritized issue list and evidence. See what an accessibility audit costs.

  4. Fix in the source, by priority

    Fix shared components first: buttons, navigation, forms and modals, because one fix repairs every page. Then work through templates and content. Our step-by-step accessibility remediation plan orders work by risk and effort.

  5. Publish an accessibility statement

    Say which standard you target, what's known to be broken and how people can get help. Our accessibility statement template includes an honest known-issues section.

  6. Retest after every major release

    Add accessibility checks to QA so new pages and features don't undo the work. A short keyboard pass before each launch catches most regressions.

How much does accessibility compliance cost?

Accessibility compliance costs depend mostly on how much has to be fixed, not on the audit. A scan is cheap or free, a manual audit is priced by how many templates and flows are tested, and remediation is design and development time that scales with the size of the problem. Building accessibly from the start costs the least, because nothing has to be rebuilt.

That's why the cheapest route for a startup about to redesign is to fold accessibility into the new build. When we design a site, contrast, focus states, target sizes and semantic markup are part of the design system and components, not a later project. Retrofitting an existing site usually means touching the same components twice.

Designify website, up to 6 pages, fixed price
$8,000
Monthly retainer for ongoing design and development
$6,000
Trial week of design and development
$1,000

If you're not redesigning, an existing site can be fixed in focused passes through a retainer, and our audit cost guide explains how to scope that work before you commit.

How do you keep a website accessible after launch?

You keep a site accessible by making accessibility part of how pages get made, not a yearly cleanup. Most regressions come from new content and new features: a marketing page built from scratch, an embedded form, a carousel added for a campaign or a fancy interaction nobody tested with a keyboard.

  • Accessible components in the CMS. If editors build pages from tested blocks, they can't easily break contrast or headings.
  • Alt text and headings as required fields. Make the CMS ask for them, so content stays accessible without a reviewer.
  • Motion with an off switch. Interactions like those in our guide to micro-interactions that feel premium should respect reduced-motion settings.
  • A keyboard pass in QA. A short pass on each new page catches focus and order problems before they ship.
  • Vet third-party embeds. Chat widgets, schedulers and cookie banners are frequent sources of new barriers.

There's a useful overlap with search. Clean headings, real HTML and descriptive links help screen readers and AI crawlers in the same way, which is why an AI-search-ready website and an accessible one share most of their structure. Writing pages in an answer-first structure also helps people using screen readers find the point quickly.

Hypothetical example: what changes when a startup takes accessibility seriously

For example, suppose a seed-stage fintech with a 10-page marketing site and a signup flow gets an enterprise questionnaire asking for its WCAG conformance. A scan flags contrast on the brand's light green buttons and missing labels on the signup form. Manual testing finds the cookie banner traps keyboard focus.

The team darkens the button color slightly in the design system, adds visible labels and error text to the form component, swaps the cookie banner for one that handles focus, and publishes a statement listing one known issue in an embedded scheduler. None of this needed a redesign; it needed someone who owns design and code to fix the shared parts once.

This hub is the overview. Each article below goes deep on one part of web accessibility, grouped by what you're trying to do.

If you need to…

Read

Understand US law

ADA website compliance

Understand EU law

European Accessibility Act for SaaS

Know the technical rules

WCAG 2.2 checklist

Design accessibly

Contrast, type and focus states

Fix forms and login

Accessible forms

Make motion safe

Accessible animation

Test your own site

How to test website accessibility

Budget for an audit

Accessibility audit cost

Fix an existing site

Accessibility remediation

Publish a statement

Accessibility statement template

Specific industries carry extra expectations. Patient-facing sites should read healthcare website accessibility, and education products should read edtech website compliance. Product teams building dashboards can continue with accessible web app UI.

Frequently asked questions

Is WCAG compliance a legal requirement?
WCAG itself isn't a law. It's a technical standard from the W3C. Laws and regulations point to it: the US Justice Department's Title II rule adopts WCAG 2.1 AA, the EU's EN 301 549 standard maps to WCAG AA, and US courts use WCAG AA as the benchmark in Title III cases. In practice, meeting WCAG AA is how you show you've met the legal duty.
Can a small startup be sued over website accessibility?
Yes. ADA Title III lawsuits target businesses of all sizes, and plaintiffs' firms often send demand letters to smaller companies because they settle quickly. Seyfarth counted 3,117 federal website accessibility suits in 2025. Being small lowers your profile but not your exposure, especially if your site has a checkout, booking or signup flow.
Should we target WCAG 2.1 or WCAG 2.2?
Target WCAG 2.2 AA. It includes everything in 2.1 except one obsolete parsing criterion, plus new criteria on focus visibility, target size, dragging, consistent help, redundant entry and accessible login. Meeting 2.2 means you also meet 2.1, which is what many laws and contracts still reference, so you cover both with one effort.
Does a website need a VPAT or conformance report?
Only if buyers ask for one, which enterprise and public-sector buyers often do. A VPAT is a template for an Accessibility Conformance Report that lists each WCAG criterion and whether your product supports it. Marketing sites rarely need one; SaaS products sold to large organizations often do. Your accessibility statement can cover the marketing site.
How long does it take to make a website accessible?
It depends on the size of the site and how many issues sit in shared components. A small marketing site with a clean component library can reach a good baseline quickly, while a large site with custom flows and third-party embeds takes several passes. We scope timelines for fixes or rebuilds on the intro call after looking at the site.

In this guide

· CEO & Design Director

Copywriter, designer and developer, and founder of Designify Studio. Over five years, 60+ projects across 14+ industries, for startups that have raised $300M+.

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