A business’s website is often its first interaction with customers. Whether visitors are shopping online, scheduling appointments, completing forms, or simply gathering information, your website functions as an extension of your business. As companies continue expanding their digital presence, website compliance has become an increasingly important legal consideration.
For risk management purposes, two areas deserve particular attention: accessibility under the Americans with Disabilities Act (ADA) and privacy laws governing how businesses collect, use, and protect consumer information. While these issues are often discussed separately, both play an important role in reducing legal risk and creating a website that serves customers effectively.
What Is Website ADA Compliance?
Website ADA compliance refers to making a website accessible to individuals with disabilities. Although the ADA was enacted before the internet became central to commerce, courts have increasingly recognized that many business websites function as places of public accommodation or are closely connected to physical businesses. As a result, businesses across many industries have faced lawsuits alleging that inaccessible websites prevent individuals with disabilities from accessing goods or services.
While the ADA does not establish detailed technical requirements for websites, many organizations use the Web Content Accessibility Guidelines (WCAG) as the recognized standard for digital accessibility. These guidelines address features such as keyboard navigation, alternative text for images, sufficient color contrast, readable fonts, captions for videos, and compatibility with screen readers.
Accessibility is not simply about avoiding litigation. A website that is easier to navigate benefits all users, improves the customer experience, and demonstrates a commitment to serving a broader audience.
Why Website Accessibility Matters
Website accessibility lawsuits have increased significantly over the past several years, particularly in New York, where businesses have been frequent targets of ADA litigation. Retailers, restaurants, medical practices, professional service firms, hospitality businesses, educational organizations, and e-commerce companies have all faced claims alleging that individuals with disabilities could not fully access their websites.
Even businesses with relatively small websites may receive demand letters or lawsuits alleging accessibility barriers. In many cases, addressing accessibility issues proactively is substantially less expensive than defending litigation after a claim is filed.
Beyond reducing legal exposure, accessible websites often improve search engine optimization, usability, mobile performance, and customer satisfaction. Features designed for accessibility frequently create a better experience for every visitor, not only those with disabilities.
Website Privacy Policies: More Than a Legal Formality
Nearly every business website collects some form of personal information. Whether through contact forms, newsletter signups, online purchases, appointment scheduling, cookies, analytics tools, or customer accounts, businesses routinely gather information about visitors.
A privacy policy explains what information is collected, how it is used, who receives it, how long it is retained, and what choices consumers have regarding their personal information. It also demonstrates transparency, helping customers understand how their data is handled.
Many businesses mistakenly copy generic privacy policies from other websites. Unfortunately, a policy that does not accurately reflect a company’s actual data practices may create additional legal exposure rather than reducing it.
Privacy Law Considerations for New York Businesses
Unlike some states that have adopted comprehensive consumer privacy statutes, New York regulates privacy through a combination of state laws, industry-specific regulations, and federal requirements that may apply depending on the nature of the business.
For example, businesses may need to comply with the New York SHIELD Act, which requires companies that own or license private information belonging to New York residents to implement reasonable administrative, technical, and physical safeguards to protect that information. The law also establishes notification obligations in the event of certain data breaches.
In addition, businesses may be subject to federal laws governing privacy depending on the information they collect. Healthcare providers may need to comply with HIPAA, financial institutions may have obligations under the Gramm-Leach-Bliley Act, and businesses marketing to children may need to consider the Children’s Online Privacy Protection Act (COPPA). Companies serving customers in multiple states or internationally may also need to account for laws outside New York, including the California Consumer Privacy Act (CCPA) or the European Union’s General Data Protection Regulation (GDPR).
Because every business collects and uses data differently, privacy policies should be tailored to the organization’s actual practices instead of relying on generic online templates.
Key Elements Every Website Should Include
A legally compliant website often requires more than a privacy policy alone. Depending on the business, additional website policies and legal documents may help establish expectations, reduce disputes, and support regulatory compliance.
Privacy Policy
A privacy policy explains what information is collected, why it is collected, how it is used, how it is shared, and how consumers may contact the business regarding privacy questions.
Businesses should treat privacy policies as a baseline obligation whenever they collect, use, disclose, or enable others to collect identifiable information about people. A consent management platform (CMP) becomes especially important when a website, app, or connected product uses nonessential cookies, pixels, analytics, advertising technology, or must honor privacy choices across jurisdictions.
At minimum, a business should have a tailored, accurate privacy policy if it operates a public-facing website or app and collects information such as:
- Names, email addresses, phone numbers, account credentials, or contact-form submissions.
- IP addresses, device identifiers, precise or general location, browsing behavior, or cookie data.
- Customer or prospect records in a CRM, including marketing-list data.
- Payment, financial, health, biometric, employment, education, or other sensitive information.
- Applicant, employee, contractor, vendor-contact, or B2B contact data.
- Data obtained through third parties, data brokers, referral partners, or embedded tools.
The policy must match actual practices—not merely describe an aspirational compliance posture. It should identify categories of data, sources, purposes, retention practices, disclosures/recipients, consumer-rights procedures, and applicable jurisdictional notices.
A CMP is most useful and often operationally necessary for businesses with digital tracking or consent-dependent processing. Nearly every consumer-facing or employee-facing business that collects personal information should have an accurate privacy policy.
Terms of Use
Terms of use establish the rules governing visitors’ use of the website, including limitations on liability, intellectual property protections, acceptable use standards, and dispute resolution provisions.
Cookie Notice
Many websites use cookies and tracking technologies to improve functionality, analyze visitor behavior, or deliver advertising. A cookie notice informs users about these technologies and, when required, allows them to manage their preferences.
Accessibility Statement
An accessibility statement communicates the company’s commitment to digital accessibility, identifies accessibility efforts, provides contact information for users experiencing difficulties, and outlines procedures for requesting accommodations or reporting issues.
Data Security Practices
Businesses should implement reasonable safeguards to protect customer information, including secure storage, access controls, password management, software updates, employee training, and incident response procedures.
Common Website Compliance Mistakes
Many businesses unintentionally increase their legal risk by making avoidable mistakes, including:
- Copying another company’s privacy policy without customizing it.
- Publishing policies that do not accurately reflect actual business practices.
- Ignoring website accessibility until a complaint or demand letter is received.
- Failing to update website policies as business operations evolve.
- Overlooking third-party tools, plugins, or vendors that collect customer data.
- Assuming that using a website platform automatically satisfies ADA or privacy requirements.
Regular legal reviews can help businesses identify these issues before they become more significant problems.
How Romano Law Can Help
Website compliance is not a one-time project. As technology, privacy laws, and accessibility standards continue evolving, businesses should periodically review their websites to ensure they remain aligned with current legal expectations.
Romano Law advises businesses on website accessibility, privacy policies, website terms of use, and broader digital compliance issues. We work with companies across industries to draft customized website policies, review existing practices, identify potential legal risks, and develop practical compliance strategies that fit each client’s business.
Whether you are launching a new website, updating an existing one, or responding to questions about ADA accessibility or privacy compliance, our team can help you navigate these evolving legal requirements with confidence.
If you would like assistance reviewing your website or developing customized website policies, contact Romano Law to schedule a consultation.
Contributions to this blog by Kennedy McKinney.
