What counts as web content under ADA Title II, and what is third-party content?

As of Nov 8, 2026. Text from 28 CFR Part 35 on eCFR, current as of Nov 1, 2026.

Short answer from the rule text: web content is broad, and the rule reaches content a public entity provides “directly or through contractual, licensing, or other arrangements.” Content posted by a third party is excluded only in one case. This page quotes the rule and does not apply it to your site. Ask your counsel.

What does the rule mean by “web content”?

28 CFR 35.104 defines it:

“Web content means the information and sensory experience to be communicated to the user by means of a user agent, including code or markup that defines the content’s structure, presentation, and interactions. Examples of web content include text, images, sounds, videos, controls, animations, and conventional electronic documents.”

Conventional electronic documents are defined in the same section:

“Conventional electronic documents means web content or content in mobile apps that is in the following electronic file formats: portable document formats (“PDF”), word processor file formats, presentation file formats, and spreadsheet file formats.”

Which web content must be accessible?

28 CFR 35.200(a)(1) says a public entity shall ensure that the following are readily accessible to and usable by individuals with disabilities:

“Web content that a public entity provides or makes available, directly or through contractual, licensing, or other arrangements”

The words “through contractual, licensing, or other arrangements” appear in the rule text. They are why the third-party question matters.

When is content posted by a third party excluded?

28 CFR 35.201(c) lists it as an exception:

“Content posted by a third party. Content posted by a third party, unless the third party is posting due to contractual, licensing, or other arrangements with the public entity.”

Read plainly, the exception has a condition: it does not apply where the third party is posting “due to contractual, licensing, or other arrangements with the public entity.” Whether a particular vendor, portal or comment feature falls on one side or the other is a legal question this page does not answer.

Other exceptions in the same section

Section 35.201 also lists archived web content, preexisting conventional electronic documents, individualized and secured conventional electronic documents, and preexisting social media posts. Archived web content is defined in 35.104 with four conditions, including:

“Is retained exclusively for reference, research, or recordkeeping;” and “Is organized and stored in a dedicated area or areas clearly identified as being archived.”

See the full exceptions list and the dates in § 35.200(b).

Questions to ask your counsel

• Which of the pages, PDFs, forms and portals we link to are web content we “provide or make available” through an arrangement?
• For each outside party that posts on or through our site, is it posting “due to contractual, licensing, or other arrangements” with us?
• Which of our files meet the four conditions for archived web content?

Sources

• 28 CFR 35.104, definitions (eCFR)
• 28 CFR 35.200 (eCFR)
• 28 CFR 35.201 (eCFR)