---
kind: "section"
citation: "45 C.F.R. § 84.85"
title: "45"
number: "84.85"
heading: "Exceptions."
url: "https://uscodex.org/cfr/45/84.85"
---

# §84.85. Exceptions.


The requirements of [§ 84.84](/cfr/45/84.84.md) do not apply to the following:

- (a) **Archived web content.** Archived web content as defined in [§ 84.10](/cfr/45/84.10.md).
- (b) **Preexisting conventional electronic documents.** Conventional electronic documents that are available as part of a recipient's web content or mobile apps before the date the recipient is required to comply with [§ 84.84](/cfr/45/84.84.md), unless such documents are currently used to apply for, gain access to, or participate in the recipient's programs or activities.
- (c) **Content posted by a third party.** Content posted by a third party, unless the third party is posting due to contractual, licensing, or other arrangements with the recipient.
- (d) **Individualized, password-protected documents or otherwise secured conventional electronic documents.** Conventional electronic documents that are:
  - (1) About a specific individual, their property, or their account; and
  - (2) **Password-protected or otherwise secured.**
- (e) **Preexisting social media posts.** A recipient's social media posts that were posted before the date the recipient is required to comply with [§ 84.84](/cfr/45/84.84.md).

## Notes

### Source

Source: 89 FR 40193, May 9, 2024, unless otherwise noted.

### Authority

Authority: 29 U.S.C. 794.

### Source

Source: 42 FR 22677, May 4, 1977, unless otherwise noted.