Understanding EU’s Digital Accessibility Rules

Thumbnail image with text “Understanding EU’s Digital Accessibility Rules”. Author Vadim Sharapov

Blazing quick summary for the very lazy: Non-compliance with the EAA can result in fines of up to €100,000 and costly site modifications ranging from €30,000 to €240,000. New feature releases could also be stalled for months. Implementing accessibility while building a website can cost 8x less then after. And implementing accessibility after losing law case can be 17x more expensive. Rules don’t apply to microenterprises with fewer than ten employees and a turnover under €2 million.

The European Accessibility Act (EAA)

Introduced in 2015 by the European Union (EU), the European Accessibility Act (EAA) is a pivotal regulation that advances the rights of individuals with disabilities. The EAA underscores the EU’s commitment to inclusivity, aiming to ensure that certain products and services are accessible to everyone, regardless of their abilities.

By targeting various sectors, the EAA imposes responsibilities on manufacturers, digital platforms, and service providers to enhance accessibility. The Act covers a broad array of products and services, including computers, smartphones, ATMs, e-commerce, banking, and transportation services.

Furthermore, the EAA harmonizes accessibility standards across EU member states, providing a unified set of rules and reducing fragmentation in regulations. Ultimately, the Act’s objective is to ensure equal access to information and services for everyone, promoting inclusivity in the digital society.

Web Content Accessibility Guidelines (WCAG) 2.1

The WCAG 2.1, developed by the World Wide Web Consortium (W3C), is a set of guidelines designed to ensure web content is accessible to a wide range of people, including those with visual, auditory, physical, speech, cognitive, language, learning, and neurological disabilities.

The guidelines are divided into four key principles as follows:

1. Perceivable: Information and user interface components must be presented to users in ways they can perceive. This includes text alternatives for non-text content, captions for multimedia, adaptable layout, and contrasting colors.
2. Operable: Users must be able to operate the interface and navigation tools. This includes making all functionality available via keyboard, providing users ample time to read and use content, and helping users navigate and locate content.
3. Understandable: Information and user interface operation must be understandable. This includes making text readable and understandable and ensuring web pages operate predictably.
4. Robust: Content must be robust enough to be interpreted reliably by a wide variety of user agents, including assistive technologies. This includes maximizing compatibility with current and future user tools.

Consequences of Non-Alignment to the EAA

There can be far-reaching consequences of ignoring the requirements laid out in the EAA and WCAG 2.1, for example, the following:

1. Legal repercussions: Organizations could face legal consequences, including lawsuits and hefty fines. The EU is committed to ensuring compliance with accessibility standards and is prepared to take legal action against those who do not comply.
2. Reputational damage: Non-compliance may damage an organization’s reputation, resulting in losing customers and partnerships.
3. Missed opportunities: By not making their digital content accessible, organizations risk alienating a significant number of potential customers with disabilities.

Good to know: For instance, in the United States, lawsuits filed under the Americans with Disabilities Act (ADA) for website accessibility issues can lead to penalties in the range of $20,000 to $75,000 for a first violation, and $150,000 for subsequent violations.

In the EU, while there isn’t a standard fine, potential penalties could include substantial fines and compensation claims, not to mention the potential for lost business and reputational damage. The General Data Protection Regulation (GDPR), for instance, allows for fines of up to €20 million, or 4% of the worldwide annual revenue of the prior fiscal year, whichever is higher, for non-compliance.

Case Study: Target’s $6 Million Settlement: A Lesson in Digital Accessibility

In 2008, retail giant the Target Corporation faced a class-action lawsuit led by the National Federation of the Blind, alleging that its website was not accessible to blind and visually impaired users. This was a significant violation of the Americans with Disabilities Act (ADA) and California state laws.

The contention lay in Target’s website lacking features essential for accessibility, like alternative text for images and navigable headings. Despite Target arguing that the ADA only applied to physical locations, the courts disagreed, asserting that websites linked to physical stores were subject to ADA regulations.

Target agreed to settle the case out of court for $6 million in damages. Moreover, the corporation committed to enhancing its website’s accessibility and pledged to train its team on maintaining these standards.

Case Study: The High Cost of Inaccessibility — Fox vs. H&R Block

One notable case that involved a substantial financial penalty due to a failure to comply with digital accessibility standards occurred in 2014. The case involved H&R Block, one of the largest tax preparation companies in the United States.

In this case, two plaintiffs, both blind, sued H&R Block, alleging that the company’s website was not accessible to them. They argued they could not access key services, including purchasing tax preparation services and filing taxes online, even when using screen-reading software.

The U.S. Department of Justice (DOJ) intervened in the lawsuit, asserting that H&R Block’s website was a place of public accommodation under the Americans with Disabilities Act (ADA) and therefore, must be accessible to individuals with disabilities.

H&R Block eventually entered into a consent decree with the DOJ and agreed to a comprehensive plan to make its website and mobile apps accessible. As part of the settlement, the company agreed to pay $45,000 to the two plaintiffs and a $55,000 civil penalty to the United States.

Just the beggining

Ignoring digital accessibility can lead to hefty fines and necessitates complex adjustments to meet ADA or WCAG standards. These extensive changes can disrupt operations and require staff training. Therefore, it’s more efficient and economical to prioritize accessibility from the start of any digital project, avoiding penalties and benefiting users with a more inclusive experience.

Tools to Ensure Accessibility

Numerous tools are available to facilitate aligning with the EAA and WCAG 2.1, including the following:

1. Automated web accessibility evaluation tools: These include software like WebAIM’s WAVE, Google’s Lighthouse, and the Accessibility Insights for Web browser extension.
2. Manual testing tools: These help you conduct a more in-depth, hands-on website evaluation. Examples include screen readers, like JAWS, NVDA, and VoiceOver, and keyboard-only navigation.

Steps to Ensure Compliance with EAA and WCAG 2.1

Take the following steps to ensure your compliance with the EAA and WCAG 2.1:

1. Understand the requirements: Familiarize yourself with the EAA and WCAG 2.1. Understand what is required of your organization’s digital content.
2. Assess: Assess your existing content. Identify areas of non-compliance and prioritize them for correction.
3. Implement: Utilize the tools mentioned above to test and adjust your content. This may require design changes, coding adjustments, and the inclusion of alternative content for those with different abilities.
4. Train: Provide training for your staff so they understand the importance of accessibility and can contribute to maintaining it.
5. Conduct periodic reviews: Regularly review your content to ensure continued compliance with the standards.

Conclusion

The EAA and WCAG 2.1 represent more than regulatory measures. They are steps towards a more inclusive digital society where everyone, regardless of their abilities, can have equal access to information and services. Ignoring these guidelines can lead to severe consequences, including legal action and damage to your organization’s reputation. With the range of tools available to assist in compliance, every organization can and should strive to create accessible digital content. Not only does it meet a legal requirement, but it also opens up opportunities to reach a wider audience and provide an inclusive, user-friendly experience for all.