The standards landscape
Which WCAG version applies where, across U.S. federal law, U.S. state law, and the EU, with primary sources.
The landscape, in one table
| Regime | Standard | Notes |
|---|---|---|
| ADA Title II (U.S. state & local gov) | WCAG 2.1 AA | 28 CFR 35.200; deadlines April 26, 2027 and 2028 |
| Section 508 (U.S. federal agencies) | WCAG 2.0 AA | 36 CFR 1194, ICT refresh, 2017 |
| ADA Title III (U.S. private business) | No named version | DOJ applies the ADA without specifying a standard |
| HHS Section 504 (HHS-funded healthcare) | WCAG 2.1 AA | Deadlines also extended into 2027–2028 |
| EU (European Accessibility Act) | EN 301 549 (WCAG 2.1 AA baseline) | In force June 28, 2025; standard moving to 2.2 |
| Colorado (HB21-1110) | WCAG 2.1 AA | State & local government |
| California (AB 434) | WCAG 2.0 AA | State agencies |
| Minnesota (§16E.03) | WCAG 2.1 AA | State IT and procurement |
U.S. federal
- ADA Title II — WCAG 2.1 AA. See ADA Title II and the version question for the rule and deadlines.
- Section 508 — WCAG 2.0 AA. Incorporated by reference through the U.S. Access Board’s 2017 ICT refresh, 36 CFR 1194 (Source: U.S. Access Board, Revised 508 Standards ) . Notably, this is older than the 2.1 the ADA Title II rule requires.
- HHS Section 504 — WCAG 2.1 AA. Recipients of HHS funding, such as hospitals and clinics, face a WCAG 2.1 AA requirement, with deadlines also extended into 2027 and 2028 (Source: Federal Register, HHS §504 compliance-date extension ) .
U.S. state laws
Enacted state laws reference WCAG 2.0 or 2.1, not 2.2. Colorado’s HB21-1110 requires WCAG 2.1 AA for state and local government; California’s AB 434 requires WCAG 2.0 AA for state agencies, and the Unruh Civil Rights Act ties to the ADA with no named version; Minnesota requires WCAG 2.1 AA for state IT.
The European Accessibility Act
The European Accessibility Act (Directive (EU) 2019/882) became applicable on June 28, 2025, covering many private products and services offered to EU consumers. Its technical baseline is the harmonized standard EN 301 549, which is broader than WCAG and whose current version maps to WCAG 2.1 AA. EN 301 549 is being updated to reference WCAG 2.2 (Source: European Commission, Web Accessibility standards and harmonisation ) . For any organization serving EU customers, this is the strongest practical reason to target 2.2 now.
What litigation uses
U.S. web accessibility litigation remains high: roughly 3,117 federal website-accessibility lawsuits were filed in 2025, up about 27 percent year over year (Source: Seyfarth Shaw, ADA Title III filings (2025) ) . The benchmark plaintiffs and courts apply is WCAG 2.1 AA. WCAG 2.2 is increasingly used by auditors and is the current W3C standard, so testing against it is prudent — but it is not, today, the legal benchmark. Claims that “WCAG 2.2 is the de facto legal standard” are marketing, not law.
Where it is heading
The direction of travel is toward WCAG 2.2: the EU standard is being updated to reference it, auditors test against it, and U.S. regulators incorporate WCAG by fixed reference and have historically advanced the version over time. WCAG 3.0, by contrast, is an early Working Draft and years away (Source: W3C, WCAG 3.0 Working Draft ) . Building to 2.2 AA now is the move that ages well.
A note on legal advice
Common questions
What WCAG version does Section 508 require?
WCAG 2.0 Level A and AA. Section 508 incorporates WCAG 2.0 by reference through the U.S. Access Board ICT refresh of 2017. It does not require WCAG 2.1 or 2.2.
Does the European Accessibility Act require WCAG 2.2?
Not yet. The EAA relies on the harmonized standard EN 301 549, whose current version maps to WCAG 2.1 AA and is broader than WCAG. EN 301 549 is being updated to reference WCAG 2.2.
Do any laws require WCAG 2.2 specifically?
No widely-applicable government website law that we could verify currently names WCAG 2.2 as the binding standard. Enacted U.S. rules and state laws reference WCAG 2.0 or 2.1; the EU standard is moving toward 2.2.