Operating Across the Pond: US vs. UK Accessibility Standards Businesses Should Know

Today, making purchases across borders is more common than ever. Sellers and buyers in the UK and the US transfer billions of dollars across the Atlantic each year. Buyers in the US spend £12.5 billion in online purchases from the UK annually, while Brits spent 58.4 billion euros on US goods in 2021 alone. For these businesses, this means operating in a foreign market and following foreign eCommerce laws, including online accessibility regulations. Everything from marketing content to the purchasing platform should be accessible to all users.   

Unfortunately, the laws in each country can be challenging to understand, making it hard to know exactly what each country considers accessible. Here is a quick side-by-side comparison of accessibility legislation in the US and the UK, with input from experts on either side of the pond.   

US: How does the ADA impact online accessibility?

The most well-known accessibility law in the US is likely the Americans with Disabilities Act (ADA). The law dates back to 1990 and creates many of the accessibility standards we see daily in our environment- things like curb cuts in sidewalks, ramps for buildings and accessible bathrooms.   

The ADA, however, doesn’t include specific or technical accessibility standards for the Internet. The law predates the Internet by one year, and updates haven’t included specific standards for online content. Still, businesses would be unwise to believe that the statute’s requirements for accessibility in “places of public accommodation” don’t apply to their websites. The lack of specificity in the law hasn’t stopped courts from holding businesses liable for inaccessible web content. 

“From the Department of Justice’s perspective, Titles II and III of the ADA, which apply to state and local governments and businesses, do require accessible websites,” Scott Ready, Verbit’s Global Head of Accessibility and Inclusion.  

As the DOJ puts it, the department has consistently held that “the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”  

UK: Does the Equity Act of 2010 offer clear online accessibility guidance?

The Equity Act of 2010 (EQA) addresses similar concerns to the ADA. The law combined 100 earlier accessibility-related laws into one act. Unlike the ADA, the EQA does address web accessibility. Specifically, it prohibits discrimination and requires equitable experiences for people with disabilities, both on and offline.   

The EQA does share a similarity with the ADA in that it doesn’t offer specific online accessibility requirements. For instance, neither law states that websites must meet a certain level of Web Content Accessibility Guidelines (WCAG), a set of regulations many governments use to create legal standards.   

However, the EQA does recommend that businesses comply with WCAG 2.0 AA.  “Essentially, by incorporating WCAG into the law, the EQA advises that content should be perceivable for people with low vision, operable and easy to navigate, understandable and use simple language and robust in that it can integrate with tools people with disabilities rely on,” said Louise Tapia, CEO of Take 1, a Verbit Company. 

US: How the Rehabilitation Act of 1973 boosts requirements for government entities

In the US, the Rehabilitation Act creates additional legal accessibility standards for government entities and organizations that receive government funding. Section 508 of that law applies to government agencies, while 504 creates standards for schools and other institutions.   

Section 508 is particularly important because it includes updates that mandate accessibility for digital content. The law requires that federal agencies meet WCAG 2.0 AA.   

UK: The Public Sector Bodies Accessibility Regulations’ role in government accessibility

The Public Sector Bodies Accessibility Regulations (PSBAR) apply to government entities in the UK and institutions like public universities. The law mirrors accessibility requirements in the European Union and effectively embeds those into UK law.   

The UK enacted updates to the law in 2018, and “they use the WCAG regulations 2.1 AA as a minimum standard of accessibility compliance,” said Maria Kaffa, Assistant Educational Technologist, City, University of London. The legislation automatically updates when newer versions of the WCAG are published. As a result, the law will soon require adherence to WCAG 2.2.   

“For multimedia and universities, the regulations largely deal with pre-recorded content that is published after the 23rd of September 2020,” said Kaffa. The law doesn’t, therefore, apply to all older content in archives, but it does demand that organizations have “workable solutions for making all multimedia accessible moving forward.” 

Which laws apply when you’re doing business overseas?   

Determining which laws apply can feel overwhelming for businesses that expand beyond their borders. Fortunately, most countries are turning to WCAG when setting their national standards. As a result, it might be easier to keep up with the most recent WCAG guidelines than to juggle different regional requirements. Still, “WCAG standards are just the start, not the end all be all. There is much more to consider beyond these standards such as usability,” said Ready. For that reason, the true focus should be on inclusivity rather than accommodations.  

The far-reaching impact of regional laws 

Those familiar with US laws might already understand the impact of stricter local regulations on larger markets. California, for example, has more ambitious environmental laws than other states. Those state laws impact automakers that want to be able to sell in California’s large market. Car companies often strive to meet stricter standards, which they apply to all their vehicles, not just those destined for California. It’s easier to make one environmentally-friendlier model than to make different models depending on the laws of each state.   

In fact, California’s stricter vehicle emissions standards prompted carmakers in Germany to lobby the EU for similar stringent regulations. Those manufacturers felt that the EU matching California’s laws would mean consistency, which would benefit them because they were already trying to meet the state’s standards. California, therefore, shows the power of an economically significant market to bring positive change far beyond its borders.  

The EU could be achieving a similar feat for accessibility. When the EU moves toward more stringent accessibility standards, any business operating in that territory- even those in the US or the UK- must also comply. It’s likely that rather than creating different standards for each country, many businesses will find that it’s best to meet the highest standard. After all, they’ll have already found innovations that allow them to meet the EU’s regulatory requirements. Why not give those benefits to all consumers?  

Wise ways to invest in accessibility  

Investment into better accessibility online is worthwhile, even without the need to adhere to the law. Improved access also allows businesses to expand their reach to larger audiences and more potential customers at home. However, achieving better accessibility online can be complicated. One of the first steps is to audit existing content and websites for accessibility. It’s possible to outsource this process and gain an unbiased appraisal. Additionally, working with experts who know how to make content more accessible is the best way to find the tools and solutions that meet a company’s needs.   

Verbit supports accessibility initiatives for businesses worldwide. Reach out to Verbit to learn how our captioning, audio description and other solutions can help your company expand its reach and meet accessibility requirements wherever you do business.