28 CFR Part 35 · Subpart H — Web and Mobile Accessibility
§ 35.201 Exceptions
Last updated June 11, 2026
What 28 CFR §35.201 requires of state and local governments.
In Plain Language
Five categories of web content are exempt from the WCAG 2.1 AA requirement: (1) archived content that is only kept for reference and not actively used, (2) preexisting conventional electronic documents (PDFs, Word files, etc.) posted before the compliance deadline, (3) content posted by third parties not under the entity's control, (4) preexisting social media posts, and (5) password-protected content shared only with a limited audience. These exceptions are narrow — they do not excuse broad non-compliance.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.201
Verbatim from 28 CFR Part 35, current through June 9, 2026.
The requirements of § 35.200 do not apply to the following:
(a) Archived web content. Archived web content as defined in § 35.104.
(b) Preexisting conventional electronic documents. 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.
(c) 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.
(d) Individualized, password-protected or otherwise secured conventional electronic documents. Conventional electronic documents that are:
(1) About a specific individual, their property, or their account; and
(2) Password-protected or otherwise secured.
(e) Preexisting social media posts. A public entity's social media posts that were posted before the date the public entity is required to comply with this subpart.
What § 35.201 Means in Practice
- Five categories of content are excepted: archived web content, preexisting conventional electronic documents, third-party content the entity does not control, individualized password-protected documents, and preexisting social media posts
- Each exception is narrow. Archived content must meet all four parts of the archive definition to qualify
- Preexisting documents lose their exception if they are currently used to apply for, access, or participate in the entity's services
- If someone requests an excepted item, effective communication duties under §35.160 still apply
Common Questions
Is our entire website 'archived' because it has old pages?
No. Archived content means content specifically designated as historical reference material and no longer actively used. Active pages and regularly used content are not archived.
We share PDFs with contractors via a password-protected portal — are those exempt?
Possibly, but if those documents are used to conduct public business or provide services, they should still be accessible.
Does § 35.201 apply to your entity?
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