Questions · Deadlines and legal requirements
Does the ADA Title II web rule apply to software vendors?
Not directly. The rule binds state and local governments, including public universities. But it covers web content and apps they provide “directly or through contractual, licensing, or other arrangements,” so software a public entity licenses must meet WCAG 2.1 AA once its date arrives. The obligation stays with the entity, which is why it asks vendors for evidence.
What the rule says
28 CFR 35.200(a) requires a public entity to ensure that the web content and mobile apps it provides or makes available, “directly or through contractual, licensing, or other arrangements,” are readily accessible to and usable by people with disabilities. Section 35.200(b) makes WCAG 2.1 Level A and AA the standard, from April 26, 2027 or April 26, 2028 depending on the entity’s population.
The exception for third-party content does not cover vendors: 35.201(c) excludes content posted by a third party “unless the third party is posting due to contractual, licensing, or other arrangements with the public entity.”
How DOJ explains it
DOJ’s fact sheet lists content that would usually need to meet WCAG 2.1 AA even though an outside company built it: “calendars, scheduling tools, maps, reservations systems, and payment systems.” Its “First Steps” guidance tells public entities to review their vendor contracts and puts it plainly: a public entity “can’t contract away its responsibilities under the ADA.”
Where it reaches your sale
DOJ lists practices that some public entities found helpful with vendors, while endorsing none of them:
- Requiring detailed information about the level of accessibility of the product before signing a contract.
- A warranty that the product complies with named technical standards and accessibility laws.
- Contract language that bars vendors from disclaiming those warranties, and indemnification if they are breached.
- Testing vendor products and publishing the results.
How ACR Desk handles this
An ACR on the WCAG edition is the detailed accessibility information DOJ describes: a conformance level and a remark for each of the 50 WCAG 2.1 Level A and AA criteria, plus a fix list and a draft accessibility statement, for $1,490 fixed. We don’t review contracts, warranties or indemnities; those are questions for your counsel.
Last reviewed: September 30, 2026. Not legal advice: rules change, and your buyer’s solicitation or contract governs what they require.
Sources
Primary sources only. Each was read on September 30, 2026.
- 28 CFR 35.200 — Requirements for web and mobile accessibility (ADA Title II) — eCFR, current text.
- 28 CFR 35.201 — Exceptions (including content posted by a third party) — eCFR, current text.
- Fact Sheet: New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments — ADA.gov, Department of Justice (updated for the April 2026 extension).
- First Steps Toward Complying with the ADA Title II Web and Mobile Application Accessibility Rule — ADA.gov, Department of Justice (updated after the April 2026 extension).