Abstract
Transcending borders, digital content is becoming a global phenomenon, compelling publishers to comply with increasingly complex accessibility regulations across jurisdictions. This article explores the implications of the United States (U.S.) Department of Justice’s (DOJ) 2024 ruling under Americans with Disabilities Act (ADA) Title II and the European Accessibility Act (EAA). It navigates key differences, compliance obligations, and strategic considerations for publishers distributing eBooks to public entities and libraries in the United States, specifically those originating from the European Union (EU).
Introduction
Title II of the ADA addresses requirements for state and local governments to ensure nondiscrimination of its products and services on the basis of disability and has been in place since 1990, when the Act was first signed. The new Title II includes provisions covering digital platforms and digital content such as eBooks, provided by libraries and other public entities in the United States. Under the new ruling, with no general exemption or exception, eBooks need to be accessible to all.
The DOJ Title II new ruling under Americans with Disabilities Act (ADA)
Title II, under the DOJ ruling, was updated in 2024. The updated version explicitly says that state and local governments must make their website content and mobile apps meet the criteria of the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. It has specifically prohibited discrimination against people with disabilities by public entities, regardless of whether they receive federal funding.
The update to Title II has also set deadlines for public entities to achieve compliance. State or local government entities serving populations more than 50,000 must achieve the mandate no later than April 24, 2026, while those serving fewer than 50,000 must achieve the mandate no later than April 26, 2027.
Every public entity, including public universities and colleges, libraries, hospitals and healthcare clinics, government offices, etc. is mandated to make their digital content and platforms adhere to WCAG 2.1 Level AA. For educational institutions, libraries and publishing houses, this means that all publicly available digital content (i.e., journal papers, eBooks, catalogues, presentations, learning management systems, or other digital readings assigned to students, as well as digital content used for internal support and training), must comply with the accessibility requirements.
European Accessibility Act (EAA)
The directive of the EAA was published in 2019 and came into force on the 28th of June 2025. The EAA mandates that all digital products (including physical products with digital components) and services provided to consumers within the EU must be accessible, even if the supplier of such digital products and services is based outside of the EU. The WCAG 2.1 Level AA is the foundational technical standard for digital accessibility, and its impact is global, applicable to all countries trading in the digital spheres within the EU.
The EAA arrives at a pivotal moment as more governments are recognising not only the moral responsibility to protect the rights of people with disabilities (PWDs) but also the economic opportunities to tap into the staggering collective disposable income that PWDs and their families represent. And with that, brand reputation and loyalty are improved. Optimizing digital accessibility benefits all users, whether disabled or not. As such, the Act is a win-win for all parties.
Uniquely, the EAA offers two exemptions for businesses to make their content easily accessible if they meet one of the following conditions:
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- Micro-enterprises that have less than 10 employees and an annual turnover under €2 million are exempt.
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- Exemptions may apply if compliance imposes a disproportionate burden or necessitates a fundamental alteration of a product or service.
Disproportionate Burden
In a previous article, Disproportionate Burden: Not a Blanket Excuse for Inaccessibility, the concept of disproportionate burden, a legal term aimed to assist businesses struggling to comply with the EAA, was addressed. The article explained that this term, disproportionate burden, should not be used as grounds to disregard EAA compliance unless the stringent criteria granting exemption have been met. To use it otherwise could result in legal action, costly settlements, and adverse business impacts or commercial harm.
While the EAA provides these exemptions, businesses should view accessibility not as a hurdle but as an opportunity for innovation and inclusion. More importantly, it is incumbent on all of society to understand accessibility as a human right.
Cross-border publications
Publishers who operate in both jurisdictions (i.e., U.S. and E.U.) must navigate a dual regulatory environment, which makes it a significant and complex compliance hurdle. Two key questions are addressed here to assist publishers who distribute in both the U.S. and the E.U.: 1) Who is responsible for accessibility when a public library hosts third-party content? and 2) Are publishers who are exempt in the EAA obligated to abide by Title II compliance requirements when selling to public libraries in the U.S.?
Who is responsible for accessibility when a library hosts third-party content?
Understanding who bears legal and procurement responsibility is key to determining accountability. This can fall on multiple factors, such as:
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- The public library (the Title II entity): As per the law, public libraries are required to provide accessible content and services. In some jurisdictions, a public library could face legal exposure if it provides an inaccessible eBook to a patron and that inaccessibility effectively denies access to the library’s services. This is the primary reason libraries typically adopt procurement rules and policies which require suppliers to deliver accessible content.
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- The content hosts/platforms: The responsibility for this lies between publishers and libraries. Some content platforms or hosts have implemented accessibility policies and technical controls, where they encourage and sometimes require publishers to supply accessible ePUBs. For example, EBSCO and other platforms publishes guidance on eBook accessibility and works with publishers and libraries to support remediation.
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- The publisher: Since this is where the source file originates, it is both more cost-effective and logical for accessibility to be built into the development process. For publishers who lack this capability, iAccessDigital can support them in their digital accessibility journey.
Are publishers, who are exempt in the EAA, obligated to abide by Title II compliance requirements when distributing/selling to public libraries in the U.S.?
The new ADA Title II ruling from the DOJ does not provide any exemption for eBooks, regardless of the publisher’s exemption status in the EU. Instead, it requires all digital resources provided by or through U.S. public libraries to be fully accessible. Therefore, to distribute or sell eBooks to U.S. public libraries, publishers must ensure that their digital titles meet ADA Title II and WCAG 2.1 Level AA accessibility standards, even if they are exempt from similar regulations in Europe.
Publishers who are exempt from the EAA must not assume the same in the U.S. The only way to distribute, sell, or host eBooks in U.S. public libraries is to ensure they are fully accessible as per ADA Title II and WCAG 2.1 Level AA. This includes non-U.S. publishers and those with valid EU exemptions. To distribute digital titles globally, the preparation, documentation, and ongoing diligence are critical along with meeting regulatory requirements, to avoid legal exposure.
Conclusion
Both the journey and the destination matter. As eBooks embark upon journeys to new destinations, digital accessibility is the new imperative in distributing eBooks worldwide. The legislation of destination jurisdictions and its requirements is what publishers must familiarize themselves with. Best practice is to embed accessible practice as a strategic priority from the start. In this way, publishers can leverage digital inclusion to expand their market reach, which is, after all, the goal of global distribution.
Accessibility is no longer optional, it is a prerequisite for global distribution, market expansion, legal compliance, and truly inclusive digital engagement.
