Vendors and third-party content under the ADA

In brief

Under the Title II web rule, an entity remains responsible for accessibility when a vendor builds or hosts its content. The rule covers content provided "directly or through contractual, licensing, or other arrangements". The third-party content exception is for truly unaffiliated third parties only.

Who is responsible

DOJ says a third-party app that an entity provides through a contract or license must also meet the standard. Hiring a contractor to post content does not make it third-party content under the exception.

What to ask for in contracts

DOJ's first-steps guidance suggests practices such as:

• Requiring accessibility information before signing.
• Accessibility warranties.
• Prohibiting disclaimers of those warranties.
• Indemnification.
• Publishing test results.

This guidance is informal and not binding, but it is a useful baseline.

Truly third-party content

Public comments on an open message board are an example. Content that a vendor posts for you is not.

What to do

• List every vendor that builds, hosts or supplies part of your web content or apps.
• Ask for accessibility test results and a statement of the WCAG version before buying or renewing.
• Add accessibility terms to contracts.
• Test vendor output yourself.

Common mistakes

• Accepting a vendor's accessibility claim without evidence.
• Signing contracts that disclaim accessibility warranties.
• Treating anything outside your own servers as third-party content.

Sources

• First Steps Toward Complying with the Title II Web Rule (ADA.gov), opens in a new tab
• 28 CFR Part 35, Subpart H: Accessibility of Web Information and Services (eCFR), opens in a new tab

This page is for informational purposes only and is not legal advice. For binding requirements, refer to the official ADA statute and regulations, and ask a lawyer how they apply to you.