Legal obligations for web accessibility for persons with disabilities: does your website comply?

Legal obligations for web accessibility for persons with disabilities: does your website comply?

Web accessibility has become a matter of paramount importance, not only from ethical and social perspectives but also in legal terms. Numerous regulations now govern the accessibility of websites and mobile applications, aiming to ensure equality of opportunity and equitable access to information for all individuals, including those with disabilities or functional diversities.

These regulations provide precise guidelines on how to meet accessibility standards applicable to companies across various sectors. Consequently, such entities bear obligations and responsibilities regarding web accessibility and are required to adopt specific practices to ensure digital accessibility compliance.

What are the sources of these web accessibility obligations?

In 2013, Spain introduced the General Law on the Rights of Persons with Disabilities and Their Social Inclusion, aiming to guarantee the full integration and participation of persons with disabilities in society. This law enshrines the right to equality of opportunity and treatment, promotes personal autonomy, universal accessibility, and inclusion in employment and community life, and eradicates all forms of discrimination.

The law also establishes a system of infractions and sanctions to ensure compliance with basic conditions for equality, non-discrimination, and universal accessibility for persons with disabilities.

This legal framework underscores the principles of equality, non-discrimination, and universal accessibility across various sectors, emphasizing its relevance where goods and services are made available to the public.

To optimize the use of products and services by everyone—ensuring autonomous access regardless of their capabilities—Spain transposed several European Union Directives on accessibility for certain products and services, culminating in Law 11/2023, of May 8, which governs accessibility requirements for certain products and services. This law also addresses high-skilled migration, tax matters, and the digitization of notarial and registry activities.

One key application of this law is to e-commerce services, defined as services provided remotely via websites or mobile devices, through electronic means, and at the individual request of a consumer, to enter into a contract.

What are the universal accessibility requirements for your website?

Section III of Annex I of Law 11/2023 outlines general accessibility requirements for all services within its scope. These include:

1. Accessibility of Products Used for Service Delivery:

• Provision of information through multiple channels.
• Ensuring comprehensibility and appropriate typography.
• Designing interfaces and functionalities that are perceptible, operable, understandable, and robust for persons with disabilities.

2. Accessible Information on Service Functionality:

• Availability through multiple sensory channels.
• Ease of comprehension and perception.
• Adaptable text formats.
• Appropriate font size and sufficient contrast.
• Alternative content presentations.
• Consistent and robust electronic information.

3. Accessible Websites, Online Applications, and Mobile Services:

• Services must be designed to be perceivable, operable, understandable, and robust for all users.

4. Accessible Support Services:

• Information on service accessibility and compatibility with assistive technologies should be provided via accessible communication modes, including contact points, telephone assistance, technical support, and training services.

For e-commerce websites, the law imposes specific conditions to ensure inclusivity in the online shopping experience:

• Clear and accessible information about products and services to enable informed decision-making.
• Accessibility of identification, security, and payment functions, ensuring they are perceivable, operable, understandable, and reliable.
• Provision of accessible methods for identification, electronic signatures, and payment services.

What obligations apply to service providers?

Law 11/2023 imposes several obligations on service providers to ensure their websites meet accessibility requirements:

• Services must be designed and delivered in accordance with established accessibility standards.
• General terms and conditions must include information on how the service meets accessibility requirements, detailing relevant design and functionality aspects.
• Harmonized standards and published technical specifications may be used to demonstrate compliance.
• Accessibility information must be made available to the public in accessible written and oral formats, regularly updated during the service’s operation.
• Providers must establish procedures to ensure ongoing compliance with accessibility standards, including in response to service changes or evolving regulations.
• Corrective measures must be taken in the event of non-compliance, and relevant authorities must be notified.
• Providers must cooperate with authorities by furnishing necessary information to demonstrate accessibility compliance.

What is the outlook for the coming years?

In 2023, Spain enacted Royal Decree 193/2023 of March 21, regulating basic conditions for accessibility and non-discrimination for persons with disabilities in accessing goods and services available to the public. While effective as of March 2023, its basic accessibility and non-discrimination conditions will not be mandatory until January 1, 2029.

This decree applies to relationships between individuals or entities, whether public or private, involving the provision of goods or services to the public, regardless of compensation. Goods and services are deemed “available to the public” if they are offered outside the private or family sphere, accessible to any individual, and form part of routine market transactions.

A notable distinction from the obligations under Law 11/2023 is the requirement to meet Priority A and AA accessibility levels of the UNE 139803 Standard.

Once these requirements are met, the company must make a statement of conformity with respect to this Standard and include provisions from the WCAG 2.0 – Web Content Accessibility Guidelines (WCAG) – which should include the declaration date, full reference to WCAG (title, version, and URL), the level of conformity achieved, a description of the pages for which conformity is declared, and a list of the technologies relied upon. Additionally, WCAG 2.0 includes other optional elements that should be included in a statement of conformity.

In this regard, a progressive adaptation to the aforementioned UNE Standard is recommended. This measure will ensure that when 2029 arrives, the transition to full compliance with accessibility standards will be simpler and smoother for your company. Proactively adapting to these regulations will not only enhance the user experience for all but also help the company meet legal and ethical standards regarding digital accessibility.

At Letslaw, we are here to provide our expertise and support in this process, ensuring regulatory compliance and the protection of the rights of all individuals.