Archived Web Content Exception
Field: Law · Also called: archival exemption, archive exception
The archived web content exception is a provision of the U.S. Department of Justice’s ADA Title II web accessibility rule, 28 CFR § 35.201(a), that exempts web content meeting four criteria defined in 28 CFR § 35.104 from the rule’s WCAG 2.1 Level A and AA requirements.
The four criteria
28 CFR § 35.104 defines archived web content as web content that:
(1) Was created before the date the public entity is required to comply with subpart H of this part, reproduces paper documents created before the date the public entity is required to comply with subpart H, or reproduces the contents of other physical media created before the date the public entity is required to comply with subpart H; (2) Is retained exclusively for reference, research, or recordkeeping; (3) Is not altered or updated after the date of archiving; and (4) Is organized and stored in a dedicated area or areas clearly identified as being archived.
All four must be met. The fourth concerns the website, not the document. A document file cannot qualify on its own unless the page that presents it identifies it as archived.
Compliance dates
Under 28 CFR § 35.200(b), public entities with a total population of 50,000 or more must comply beginning April 26, 2027. Entities with a population under 50,000, and special district governments, must comply beginning April 26, 2028. Content created before the applicable date is eligible under the first criterion.
Establishing the date
The date that the digital document, or the paper original it reproduces, was created is the first criteria. A digitized file’s own metadata dates (such as a PDF’s CreationDate) record when the file was made, which can be years or decades after the physical original copy. A court order issued in 1998 and scanned in 2028 reproduces a paper document created before the compliance date, but its file metadata points to 2028 (after the compliance deadline).
Distinctions
- Preexisting conventional electronic documents. A separate exception, 28 CFR § 35.201(b), covers PDFs, word processor, presentation, and spreadsheet files posted before the compliance date, without the archive criteria. See Preexisting Conventional Electronic Documents Exception.
- “Exemption” vs. “exception.” The regulation uses exception. Archival exemption is a common informal name for the same provision.
Sources
- 28 CFR § 35.104 Definitions, Legal Information Institute, Cornell Law School. Retrieved September 23, 2026.
- 28 CFR § 35.201 Exceptions, Legal Information Institute, Cornell Law School. Retrieved September 23, 2026.
- 28 CFR § 35.200 Requirements for web and mobile accessibility, Legal Information Institute, Cornell Law School. Retrieved September 23, 2026.
- Extension of Compliance Dates for Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities, Federal Register, April 20, 2026. Retrieved September 23, 2026.