Preexisting Conventional Electronic Documents Exception
Field: Law · Also called: preexisting documents exception
The preexisting conventional electronic documents exception is a provision of the U.S. Department of Justice’s ADA Title II web accessibility rule, 28 CFR § 35.201(b), that exempts PDF, word processor, presentation, and spreadsheet files made available before a public entity’s compliance date, unless they are currently used to apply for, gain access to, or participate in its services, programs, or activities.
The regulatory text
28 CFR § 35.201(b) excepts:
Conventional electronic documents that are available as part of a public entity’s web content or mobile apps before the date the public entity is required to comply with this subpart, unless such documents are currently used to apply for, gain access to, or participate in the public entity’s services, programs, or activities.
28 CFR § 35.104 defines conventional electronic documents as:
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.
Distinctions
- Versus the archived web content exception. This exception has no requirement that the documents be retained exclusively for reference, left unaltered, or stored in a dedicated archive area. Instead, it is limited by use: a preexisting form still used to apply for a service does not qualify. See Archived Web Content Exception.
- File formats only. It applies to the four listed file formats, not to web pages.
Sources
- 28 CFR § 35.201 Exceptions, Legal Information Institute, Cornell Law School. Retrieved September 23, 2026.
- 28 CFR § 35.104 Definitions, Legal Information Institute, Cornell Law School. Retrieved September 23, 2026.