Who and what a law covers changes with the jurisdiction
Aliases: scope of application · who is covered · territorial reach
What it is
The same booking product: listed in the EU as part of e-book and passenger ticketing, sold in the US to a state university, used in China as the front end of a government service. The three lines do not enclose the same actors, the same service types, or the same exemptions. Jurisdictional scope asks who the net covers, which product forms it covers, and what it leaves outside. It does not ask how a breach is pursued after the line is crossed. It asks where the line is drawn.
A default of “one accessibility duty worldwide” stacks three maps into one, then misses the patch that is actually enclosed.
Why it happens
Accessibility legislation is territorial and sectoral. The European Accessibility Act draws a list of products and services (computers, e-books, passenger transport, banking, e-commerce, and others), with exits for micro-enterprises and some archived content. In the US federal layer, public entities travel one path and federal procurement another; states can draw a further circle. China’s IT standard for internet content lines up neither the same actors nor the same carriers. Exemption clauses (archives, live material, micro-enterprises, purely artistic work) sit in different places in each jurisdiction; “we are exempt here” does not travel.
The second layer is that product form rewrites applicability. The same brand’s marketing page, mobile app, embedded ticket kiosk, and e-book file may fall into different lists. A scope table has to be filled as jurisdiction × actor × service form, not once per brand name.
Studying it
Build a scope matrix, not an enforcement story. One row per launch market: name of the instrument, actors covered, product/service forms covered, stated exemptions, technical standard cited. Lining up EAA, ADA Title II, and China’s internet-content standard is about differences in those cells, not about comparing penalties.
Independent variables: jurisdiction, actor type (public body / listed service provider), product form. Dependent variables: whether the cell falls inside a mandate, whether an exemption holds, whether the cited technical standard is the same document.
The material is legal text and official guidance, not cases in the press. Write the conclusion as “in this jurisdiction this form falls in / falls out,” not as “accessibility law is tightening worldwide,” which cannot be checked.
Where it stops holding
Contracts and platform policy can add a net outside the statute — app stores, payment institutions, university procurement can recapture forms the law left out. That is contractual scope, not the jurisdiction’s legislation quietly expanding. When the user is in country A and the service is operated in country B, which net applies depends on how the instrument writes territory; do not guess from the market with the largest download count. Clauses not yet in force, or still in transition, already have a scope on paper and a duty that has not started; mark them “not in force” in the matrix rather than as already mandatory. A scope table does not settle qualitative fights about whether a new interaction “counts as a computer on the list.” That is a different layer.
Applying it
- Draw one row per planned market: instrument, who is covered, which service, exemptions, cited standard. Do not claim the market is in compliance while the cell is empty.
- Fill web, app, e-book, and hardware terminal as separate cells under the same brand. Do not let the public website’s conclusion cover the kiosk.
- Quote exemption sentences from the instrument (archives, live, micro-enterprise). Do not self-author “we are a startup” as an exemption.
- How to check: cross a list of product forms with a list of markets; every cell should point at a paragraph of an instrument. Cells that cannot point are “scope not established,” not “probably public-sector, so in.”
Related
- Same group: J1.04.2 Public services and public procurement are where mandates usually attach · J1.04.3 Compliance is the legal floor, not the product goal
- Nearby: J1.11 Legal scope and enforcement · J1.03 Ergonomics standards · J1.02 Conformance levels
- Search terms:
jurisdictional scope·EAA·ADA Title II