For years, many companies have been sold scams, told accessibility can be achieved with a simple plug in. One click and accessibility and legal risk is fixed, reduced or mitigated. The accessibility overlay scandal is very real. The overlay factsheet has over 1000 accessibility experts warning about these products.
What’s new is that German regulators that enforce the EAA, have now clearly called out these products, stating overlays are not a shortcut to accessibility. They are a barrier to certification.
“For websites that use an overlay tool, the BIK testing centers cannot currently make a reliable statement regarding conformity according to EN/WCAG. For this reason, the test results of such offerings can no longer be published or provided with a BIK test seal.”
BIK is German advocacy and technical resource that tests websites against BITV 2.0 (based on WCAG) states it cannot reliably assess any website that uses an accessibility overlay or widget. If an overlay is detected, the BIK test seal cannot be issued.
That seal is the main proof that a website meets BITV 2.0, EN 301 549 and WCAG 2.1 Level AA. It means a site cannot demonstrate legal compliance as long as it uses an overlay.
As overlays do not modify the original source code or semantic structure of the website, they just add a new layer on top, the overlay cannot reliably fix these core problems for screen readers or other assistive technologies. These products often cause conflicts with screen readers, mask real structural problems and prevent a proper audit. This is especially important for anyone searching for an accessibility fixes or help.
So what should organisations do instead?
Avoid overlays entirely, get a proper accessibility audit. Bring in accessibility experts who can fix the actual Design, markup, structure and interaction issues on a site. Provide training to leadership. Real accessibility is never achieved through these types of shortcuts. It requires proper technical implementation at every level.
Regulators are making it clear that only genuine, code level accessibility will hold up under scrutiny. Thanks to Christophe Strobbe for highlighting this important update.