Use a test of the page as built, fixes in the source code, and a published accessibility statement. An overlay changes how a page renders for some visitors. It does not change the source files, and it does not produce the accessibility information the EAA asks service providers in scope to publish.

This page is for a business owner who was sold a widget, or is about to be. It names two vendors only where a public source says something specific.

What does an overlay change?

An overlay changes the page in the visitor’s browser, after it has loaded. UserWay describes its widget as “AI-powered technology that automatically finds and fixes common issues with every page load” (userway.org). accessiBe lists “Automated scans and accessibility fixes” as part of its product (accessibe.com). Both vendors also sell services beyond the widget, including code-level work; this page is about the widget.

A tool that acts on every page load works on the rendered page. Your templates and source files stay as they were, so the next release, a plugin update or a new landing page starts from the same code. A test with the overlay switched off shows what is still in the source.

What did the FTC order in the accessiBe case?

In the United States, the Federal Trade Commission approved a final consent order against accessiBe on 22 April 2025. The order prohibits misleading claims and requires accessiBe to pay $1 million; the Commission voted 3-0. The case began with a proposed order announced on 3 January 2025.

The FTC alleged that accessiBe’s accessWidget did not make all user websites meet WCAG, and that claims saying otherwise were false, misleading or unsubstantiated. These are the FTC’s allegations and order. They concern one vendor’s marketing claims in the United States, and they say nothing about EU law.

The practical point is narrower. A sales claim that a product makes a site meet the law does not settle whether it does. Check it against a test of your own pages.

What should you use instead?

  1. Test the page as delivered. Run an automated check against WCAG 2.1 AA. The free scan does the homepage. Automated testing catches roughly 30 to 40 percent of WCAG success criteria; keyboard use, reading order and the meaning of alt text need a person.
  2. Fix in the source. Labels, headings, contrast, focus order and alt text belong in your templates. Hand the findings to whoever maintains the site.
  3. Re-test after every release. A clean result today says nothing about next month.
  4. Publish the accessibility information. Article 13(2) and Annex V of Directive (EU) 2019/882 ask providers of services in scope to make public, in their terms and conditions or an equivalent document, how their service meets the requirements. Many sites call this an accessibility statement. Draft it, review it, keep it current.

What does the national law add?

Each country transposes the EAA: the BFSG in Germany, the BaFG in Austria, zákon č. 424/2023 Sb. in Czechia, the ustawa z 26 kwietnia 2024 in Poland and zákon č. 351/2022 Z. z. in Slovakia. Start with the act of each country where you offer your service to consumers, not with the language of your site. A shop selling in two countries checks both. Where your company is based can matter too; for a cross-border case, ask a lawyer which acts bind you.

An Inkluso report maps each WCAG finding to the WCAG criterion, the EN 301 549 clause and the paragraph of the national act, and includes a draft statement. It is a dated record of an automated scan, not a certification and not legal advice.

What if an overlay is already installed?

Keep it running while you fix, if it helps some of your visitors, and test the page underneath. Findings that remain with the overlay switched off are the ones to fix in the source. Read your contract for any statement it makes about the law, and ask the vendor for an assessment of your site as delivered.

Our longer argument is in The overlay myth.

FAQ

What should I use instead of an accessibility overlay?

A test of your pages as built, fixes in the source code, re-tests after each release, and a published accessibility statement. An overlay acts on the page in the browser and leaves your source files unchanged.

What did the FTC order in the accessiBe case?

On 22 April 2025 the FTC approved a final consent order that prohibits misleading claims and requires accessiBe to pay $1 million. The FTC alleged that accessWidget did not make all user websites meet WCAG, and that claims saying otherwise were false, misleading or unsubstantiated.

Does the FTC order apply in the EU?

It is an order under US law about one vendor’s marketing claims. It does not decide how EU or national accessibility law applies to your site.

Can I keep my overlay while I fix the site?

You can. Test the page underneath and fix what remains in the source. An overlay does not replace the accessibility statement.

Sources

See where your site stands

The free scan tests the homepage as delivered against WCAG 2.1 AA and shows the first findings with the matching reference. No signup, no card.

Run the free checkDraft an accessibility statement

Related: Is WAVE enough for the EAA? · WCAG compliance levels · The overlay myth

Orientation, not legal advice. An Inkluso report is a dated record of an automated scan, not a certification. Automated testing catches roughly 30 to 40 percent of WCAG success criteria. The rest needs a human.