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21 September 2026

Looking for an alternative to accessibility overlays? Why a hybrid solution is required for EU compliance

An overlay changes what visitors see, not what the code says. Here's why every EU accessibility framework needs the hybrid model instead, and what it costs.

Introduction

This Privacy Notice aims to clearly and transparently explain which personal data we collect when you visit our website, why we collect it, how we use it, and what Your rights are.

We process your personal data in accordance with Regulation (EU) 2016/679 (GDPR) and applicable national data protection laws. We are committed to ensuring that all processing activities are carried out in accordance with the principles of lawfulness, fairness, transparency, data minimization, integrity, and confidentiality.

Specifically, in this notice you will find information about:

 

  • which data we collect about you and for what purposes;

  • the legal bases on which we process such data;

  • who we may share your data with;

  • how long we retain your data;

  • your rights and how to exercise them.
     

While we sometimes need Your data for example, to respond to your requests or improve our website), we do so with respect, care and only when truly necessary.

Our Privacy Promises

 

  • We deeply value your privacy, and for this reason, we guarantee that:

  • We treat your data as if it were our own.

  • We use your data only for the purposes outlined in this notice.

  • We retain your data only for as long as strictly necessary.

  • We do not share your data with third parties without a valid legal basis or your explicit consent.
     

1. Who Processes Your Personal Data

The Data Controller — that is, the entity that determines the purposes and means of the processing of Your personal data — is AccessiWay S.a.S., with registered office at 7 Rue du Général Henrion Bertier, 92200 Neuilly-sur-Sein registered with the Nanterre Trade and Companies Register under number 914 022 595.

AccessiWay is part of the team.blue group and, in certain cases, acts as joint controller together with team.blue NV, with registered office at Skaldenstraat 121, 9042 Ghent, Belgium. In this context, Your personal data may be shared within the group for statistical, administrative, operational, and service improvement purposes.

AccessiWay and team.blue have defined their respective roles and responsibilities under a joint controllership agreement pursuant to Article 26 of the GDPR, ensuring full compliance with data protection regulations.

For more information regarding joint controllership or to exercise Your rights, you may contact AccessiWay via email at the following email addresses:

📧 legal.fr@accessiway.com or info@accessiway.com.

2. Who This Privacy Notice Applies To

This notice applies to:

 

  • users who browse the website www.accessiway.com,

  • individuals who contact us through the form available on the website or via email;

  • users who interact with tools we have implemented (e.g. widgets, cookies);

  • individuals who, through the website or other channels, access external platforms or third-party entities through which they may submit a job application (e.g. recruiting portals or employment agencies).

  • In such cases, the privacy notices of the third parties involved — independent from AccessiWay — also apply.
     

3. What Data We Process

To manage your interaction with our website, we may process the following categories of personal data:

 

  • Identification and contact details such as name, surname, company, job title, email address, and phone number.

  • These data may be partially processed through our customer relationship management (CRM) system.

  • Data relating to your interaction with our services such as information collected via the website or through Hubspot, such as communication history, preferences, requests, and commercial or technical notes.

  • Technical data such as IP address, device type, operating system, browser, access times, and other data automatically recorded by our systems or servers.

  • Browsing data and preferences such as collected via cookies or similar technologies, in accordance with the choices expressed through the cookie consent banner.

  • Application data such as personal information included in your CV or other documents submitted through third-party platforms (e.g. professional experience, education, contact details).

  • These data are processed by AccessiWay only after being transmitted by the third party, which remains autonomous in the initial processing.
     

4. Purposes and Legal Basis of Processing

We process Your personal data in compliance with Regulation (EU) 2016/679 (GDPR) and applicable national data protection laws. Your data may be processed for the following purposes:

 

  • Technical operation of the website
     

We process technical data, using technical cookies and similar tools, to allow You to access the site, view it correctly, and ensure it functions properly (e.g. browsing, content loading, storing preferences).

📌Legal basis: this processing is necessary to provide a service requested by the user, pursuant to Article 6(1)(b) of the GDPR. Your consent is not required for these cookies.

 

  • Handling contact or support requests
     

When you send us a request — via the contact form or by email — we process your data to respond and provide the information requested.

📌 Legal basis: this processing is necessary to take steps at your request prior to entering into a contract, pursuant to Article 6(1)(b) of the GDPR.

 

  • Compliance with legal obligations
     

In certain cases, we may need to process your data to comply with legal obligations, such as tax, accounting, or IT security requirements.

📌 Legal basis: this processing is based on compliance with a legal obligation, pursuant to Article 6(1)(c) of the GDPR.

  • Statistical analysis and website improvement
     

We use analytical tools (e.g. analytical cookies) to collect aggregated data in order to understand how the website is used and to improve its content and functionality.

📌 Legal basis: we process this data only with your freely given and specific consent, pursuant to Article 6(1)(a) of the GDPR.

  • Marketing and Profiling
     

If you authorize us to do so, we may use your data to send you promotional communications or provide personalized content (e.g. through profiling cookies).

📌 Legal basis: this processing is carried out only with your explicit consent, pursuant to Article 6(1)(a) of the GDPR. You may withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

 

  • Management of job applications through third parties
     

We may receive job applications via third-party platforms (e.g. job portals) or through recruitment agencies. In such cases, we process the submitted data to assess your suitability for the proposed role.

📌 Legal basis: this processing is necessary to take steps at your request prior to entering into a contract, pursuant to Article 6(1)(b) of the GDPR.

Note: the privacy policies of the third-party platforms or agencies involved also apply, independently of AccessiWay.

5. Cookies and Tracking Tools

This website uses a cookie management system provided by iubenda, which allows you to:

 

  • view a full and transparent list of the cookies in use;

  • modify or withdraw your consent at any time;

  • access the complete Cookie Policy, integrated in the cookie widget.
     

You can manage your preferences by clicking on the cookie widget icon located at the bottom left corner of every page on the site.

Technical cookies are necessary and therefore enabled by default. Other non-essential cookies (analytical, profiling) are only enabled with your consent.

For more information, please refer to the full Cookie Policy accessible from the cookie widget.

6. Use of accessWidget

This website integrates accessWidget, an automated accessibility tool developed by accessiBe Ltd. and distributed by AccessiWay. The widget allows users to personalize their browsing experience based on their needs.

When the user activates the widget, their IP address is technically transmitted, but:

 

  • it is not stored, tracked, or associated with identifiable individuals;

  • it is anonymized via a proxy located in the European Union;

  • it is not used for profiling or marketing purposes.
     

📌 Legal basis: provision of a service requested by the user (Article 6(1)(b) of the GDPR).

7. Data Security

We adopt appropriate technical and organizational measures to ensure the security, integrity, and confidentiality of the personal data we process. These measures are designed to prevent unauthorized access, loss, disclosure, or alteration of your data. In particular, we implement:

 

  • secure connections via HTTPS (SSL/TLS);

  • authentication systems and access control;

  • access limitation and internal access tracking mechanisms;

  • regular audits and verification procedures;

  • continuous updates to systems and security measures according to the level of risk.
     

8. Data Retention

Your personal data is stored only for the time strictly necessary to achieve the purposes for which it was collected. Specifically:

 

  • Contact data: up to 10 years if relevant for contractual or legal purposes;

  • Technical and browsing data: according to what is outlined in the Cookie Policy;

  • Marketing data: until consent is withdrawn.
     

9. Your Rights (Data Subject Rights)

As a data subject, you may exercise the rights provided under Articles 15–22 of the GDPR at any time. In particular, you have the right to:

 

  • Obtain confirmation as to whether or not your personal data is being processed and access such data (right of access);

  • Request the rectification of inaccurate personal data or the completion of incomplete data (right to rectification);

  • Request the erasure of your data, if the conditions set out in the GDPR are met (right to erasure);

  • Obtain restriction of processing where applicable (right to restriction);

  • Object to the processing of your data, in whole or in part, under certain circumstances (right to object);

  • Receive your data in a structured, commonly used, and machine-readable format, and, where technically feasible, have it transmitted directly to another controller (right to data portability);

  • Withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
     

📧 You can exercise Your rights at any time by contacting us at: legal.fr@accessiway.com.

🔗 If you are located in France and believe that the processing of your personal data violates applicable law, you have the right to lodge a complaint with the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés – CNIL) via the website: www.cnil.fr.

*If you have difficulty accessing our form, please feel free to contact us. Send an e-mail to info@accessiway.com

In short: Accessibility overlays and hybrid platforms solve compliance in fundamentally different ways. Overlays apply a script-based layer on top of a site. Hybrid platforms combine continuous automated monitoring with expert human audits to fix the underlying code. Across every EU accessibility framework, including the EAA, Legge Stanca, BFSG, BaFG, and RGAA, only the hybrid model produces the documented, ongoing conformance the law requires.

One year after the European Accessibility Act (EAA) came into force, more European businesses are asking the same question: is the accessibility tool we installed actually protecting us, or just giving us the appearance of protection? At Accessiway, we see this question come up across every market we work in.

To answer that, it helps to start with what each option actually is, before comparing how they perform against EU law.

What is an accessibility overlay?

An accessibility overlay is a script, usually a single line of JavaScript, added to a website. It runs in the browser and attempts to adjust the page's appearance and behavior on the fly: resizing text, adding a contrast mode, enabling keyboard shortcuts, or trying to insert missing labels for screen readers.

Key characteristics:

  • Installed in minutes, with no changes to the website's underlying code

  • Runs at the browser level, not the codebase level

  • Typically priced as a simple monthly subscription

  • Often paired with a dashboard showing a compliance "score"

The overlay sits on top of the site. It doesn't change what's underneath.

What is a hybrid accessibility solution?

A hybrid accessibility solution combines automated technology with human expertise to find and fix accessibility issues in the website's actual code.

Key characteristics:

  • Continuous automated scanning across every page and digital touchpoint

  • Expert-led manual audits, including testing with real assistive technology

  • Issues routed directly to the development team's existing workflow, for example Jira

  • Fixes applied to the underlying HTML, ARIA, and CSS, not layered on top

Web accessibility software built on the hybrid model treats accessibility as an ongoing practice built into the product, not a feature added after launch.

Overlays vs. hybrid solutions: pros and cons

Accessibility overlays

Pros:

  • Fast to install, live in minutes

  • Low upfront cost

  • No developer time required to set up

  • Visible widget gives users a sense that "something" is being done

Cons:

  • Doesn't fix the underlying code, so the site stays non-conformant

  • Can interfere with screen readers and existing assistive technology

  • Doesn't cover dynamic content, single-page apps, or PDFs reliably

  • Produces no audit trail or conformance documentation

  • May raise data privacy concerns, since some overlays collect information about a user's disability or assistive technology preferences

  • Widely rejected by the disability and accessibility community

Take a common example: a site with light gray text on a white background fails WCAG's color contrast requirement. An overlay might let a visitor toggle on a "high contrast mode" to compensate. The underlying text color never changes. It's still too light by default. Every new visitor sees the same failing contrast until they find and activate the toggle themselves, and the site still fails an automated WCAG 2.1 contrast check. The surface symptom got a workaround. The conformance gap stayed exactly where it was.

Hybrid accessibility solutions

Pros:

  • Fixes the actual cause of inaccessibility, not just the symptom

  • Combines automated coverage with expert human judgment

  • Produces documentation that satisfies legal conformance requirements

  • Scales across multiple markets and regulatory frameworks

  • Builds accessibility into the development workflow long-term

Cons:

  • Requires development team involvement to implement fixes

  • Takes longer to show full results than a one-line script

  • Higher investment than a basic overlay subscription

What does the EU accessibility regulatory framework require?

The EAA sets the baseline for all EU member states. It requires digital products and services, including e-commerce, banking, travel, and streaming, to meet WCAG 2.1 Level AA, referenced through EN 301 549, the harmonized European standard.

Each member state then adds its own national framework on top:

Market

Framework

Standard

Scope

Enforcement body

EU baseline

EN 301 549 / WCAG 2.1 AA

Private sector digital products and services

National market surveillance authorities

Italy

WCAG 2.1 AA

Public sector + private companies with 500M+ euro turnover and 250+ employees

AgID

Germany

BFSG + BITV 2.0

EN 301 549 / WCAG 2.1 AA

Private sector (EAA transposition) + public sector

Market surveillance authorities (Laender-level)

Austria

EN 301 549 / WCAG 2.1 AA

Private sector (EAA transposition)

Federal Social Affairs ministry

France

RGAA 4.1 + DINUM oversight

WCAG 2.1 AA mapped to RGAA criteria

Public sector + private companies with 250M+ euro turnover

DINUM

Every framework in this table requires three things:

  • Demonstrable, ongoing conformance against a technical standard

  • A published accessibility statement

  • Documentation an enforcement body can request at any time

None of them accept a widget or a dashboard score as proof of compliance.

For more detail on what enforcement actually looked like one year into the EAA and on how Italy's AgID enforcement is evolving in 2026, see our market-specific coverage. And since accessibility compliance rarely sits in isolation from data protection, our piece on meeting both GDPR and EAA requirements is worth a read if your team handles both.

Why do overlays fail every EU accessibility framework?

The failure isn't about product quality. It's structural.

They don't fix the underlying code. WCAG conformance requires accessible HTML, ARIA, keyboard navigation, and color contrast built into the page itself. An overlay compensates at runtime. The non-conformant code stays exactly as it was.

They don't produce conformance documentation. Every framework above requires an accessibility statement and supporting evidence of how conformance was assessed. A dashboard score isn't an audit trail.

They create new barriers. Independent studies and direct user reports consistently show overlays interfering with screen readers and breaking keyboard navigation, while attempting to fix other issues.

They miss what they can't see. Dynamic content, single-page applications, authenticated journeys, PDFs, and third-party components are routinely missed by overlay scanning. None of the EU frameworks exempt these.

Some raise GDPR exposure on top of accessibility risk. Overlays that detect or store a visitor's disability or assistive technology use are processing sensitive personal data. In the EU, that triggers GDPR obligations most overlay vendors don't address, which adds a second compliance problem on top of the one they were meant to solve.

The question isn't whether your overlay is good enough. The question is whether your underlying digital product meets the standard, and overlays don't answer that question.

This isn't theoretical. In June 2026, a French court ruled against Carrefour for failing RGAA compliance, rejecting the retailer's claim of 71% accessibility compliance and stating that an e-commerce platform "cannot be only somewhat accessible, it must be fully accessible." The ruling included a six-month remediation deadline, a daily penalty, and damages.

What does a hybrid approach deliver that overlays can't?

Automation alone detects an estimated 30 to 40% of WCAG issues. The rest require human judgment, which is exactly why every EU technical standard, including EN 301 549, builds in both automated and manual testing as a requirement, not an option.

What automation handles:

  • Continuous monitoring across every digital touchpoint

  • Catching regressions before they become compliance gaps

  • Tracking progress at a scale no manual process can match

What human expertise handles:

  • Screen reader and assistive technology testing

  • Expert audits of complex user journeys and dynamic content

  • Judgment on whether a component is genuinely usable, not just technically present

What the combined hybrid platform delivers:

  • Continuous automated monitoring across all digital touchpoints

  • Expert-led audits that go where automation can't

  • Structured issue management connecting problems directly to development teams

  • Accessibility statements grounded in real conformance data

  • One consistent methodology across multiple regulatory frameworks

How does Accessiway approach this across four European markets?

Accessiway operates across Italy, France, Germany, and Austria. Across our audit dataset, the pattern is consistent: businesses relying on overlays are carrying compliance risk they can't quantify, because overlays don't give them the visibility to see it.

Our digital accessibility platform moves accessibility from a periodic project to a continuously managed capability:

  • Expert-led audits feed into an always-on dashboard

  • Issues go directly into development teams' existing workflows in Jira, with location, context, and fix guidance

  • Progress is tracked across every touchpoint, across every market

Accessibility is a right, not a nice-to-have. The platform is how you act on that every day, across every market you operate in.

Explore how the Accessiway platform supports EU compliance across all four markets

Frequently Asked Questions

How does a hybrid accessibility platform work?

A hybrid accessibility platform combines two layers that work together on an ongoing basis:

  • Automated scanning runs continuously across every page and digital touchpoint, flagging common issues like missing alt text, low color contrast, and incorrect heading structure as soon as they appear.

  • Expert audits go where automation can't: testing with real screen readers and assistive technology, reviewing complex user journeys like checkout flows or forms, and applying human judgment to whether a component is genuinely usable.

Do accessibility overlays ensure full compliance?

No. Accessibility overlays do not ensure full compliance with WCAG, the EAA, or any national EU framework. Because an overlay works at runtime in the browser, the non-conformant HTML, ARIA, and color contrast issues in the source code remain in place.

What is the difference between compliance and accessibility?

Accessibility and compliance are related but not the same thing.

  • Accessibility is the broader goal: making digital products genuinely usable by people with disabilities, regardless of how they navigate the web, whether by screen reader, keyboard, voice control, or other assistive technology.

  • Compliance is the legal benchmark: meeting a specific technical standard, such as WCAG 2.1 AA, as required by a law like the EAA or a national framework such as RGAA or BFSG.

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