Detailed Guide on Digital Accessibility Legislation & Regulation

Digital accessibility means providing digital products and services accessible to everyone, regardless of their abilities or disabilities. It benefits individuals with disabilities, older people, low literacy, low bandwidth, and those in different environments. Digital accessibility is a moral and social responsibility, and organizations worldwide have laws and policies promoting equal access to essential services. However, digital accessibility legislation and regulation constantly evolve to meet technology and user needs.

Organizations must stay updated on the latest developments and best practices in digital accessibility legislation and regulation. This article provides an overview of the legal framework, Web Content Accessibility Guidelines, recent developments, compliance mechanisms, key components of compliance, and other related topics.

The Legal Framework for Digital Accessibility

The legal framework for digital accessibility consists of various types of laws and policies that address different aspects of digital accessibility. These include:

Non-discrimination laws

These laws include a range of areas, such as labor, education, and healthcare, and aim to prevent discriminatory behaviors based on disability or other protected traits. They may not explicitly mention digital accessibility, but they imply that digital products and services should be accessible to people with disabilities as part of their equal rights.

Laws

Accessibility laws are specific laws that mandate or promote digital accessibility for certain sectors or domains. These laws may specify the standards, guidelines, or criteria for digital accessibility and the deadlines, exemptions, or exceptions.

Policies

Accessibility policies are rules or regulations that implement or supplement accessibility laws within a certain jurisdiction or organization.

Procurement policies

These are policies that require or encourage the procurement of accessible digital products and services by public authorities or organizations.

Voluntary standards

These provide recommendations or best practices for digital accessibility that are not legally binding but may be adopted or followed by organizations voluntarily.

The Web Content Accessibility Guidelines (WCAG)

The Web Content Accessibility Guidelines (WCAG) are international standards for web accessibility developed by the World Wide Web Consortium (W3C). They provide principles, guidelines, success criteria, and techniques for making web content accessible to people with disabilities. The WCAG has four principles: perceivable, operable, understandable, and robust. It is categorized into three levels of conformance: A (lowest), AA (medium), and AAA (highest).

Techniques for implementing the success criteria using technologies like HTML, CSS, and JavaScript are classified as sufficient and advisory. The WCAG is widely recognized as the de facto standard for web accessibility worldwide.

Recent Developments in Digital Accessibility Legislation

Some of these developments are:

• The Web and Mobile Accessibility Directive in the European Union: This directive was adopted in 2016 and came into force in 2018. It requires public sector websites and apps to comply with WCAG 2.1 level AA by certain deadlines, depending on when they were created or updated. It also requires public sector bodies to publish accessibility statements, monitor compliance, and provide user feedback mechanisms.
• The Accessible Canada Act was passed in 2019 and came into force in 2020. It aims to create a barrier-free Canada by 2040 by requiring all federally regulated entities to identify, remove, and prevent barriers to accessibility
• in various domains, including information and communication technologies.
• The European Accessibility Act (EAA) is a proposed legislation that aims to harmonize the accessibility requirements for certain products and services across the EU market. It covers products and services such as computers, smartphones, TVs, e-books, e-commerce, banking services, transport services, etc. It also refers to WCAG 2.1 level AA as the common standard for web-based services.

Digital Accessibility Compliance and Enforcement

Digital accessibility compliance refers to ensuring that digital products and services meet the legal requirements or standards for digital accessibility. Digital accessibility compliance can be achieved by following a systematic approach that involves:

• Planning: Defining the scope, goals, roles, responsibilities, resources, timelines, and methods for achieving digital accessibility compliance.
• Designing: Applying the principles and guidelines of digital accessibility throughout the design process of digital products and services.
• Developing: Implementing the techniques and best practices of digital accessibility using appropriate technologies and tools.
• Testing: Evaluating the digital products and services against the success criteria and conformance levels of digital accessibility using various methods and tools.
• Reporting: Documenting the testing results, identifying any issues or gaps, providing recommendations for improvement, and publishing accessibility statements or reports.
• Maintaining: Monitoring, reviewing, and updating digital products and services to ensure continued compliance with the changing legal requirements or standards, user needs, and technologies.

Digital accessibility enforcement ensures relevant entities or organizations meet legal requirements. Government agencies, courts, independent bodies, and users can carry it out. Government agencies implement laws, courts adjudicate disputes, and users have the right to expect and demand digital accessibility from providers or creators.

Key Components of Digital Accessibility Compliance

Digital accessibility compliance is not a one-time event but a continuous process requiring commitment and effort from different stakeholders. Several key components contribute to achieving and maintaining digital accessibility compliance.

These include:

• Leadership: Having a clear vision, strategy, policy, and governance for digital accessibility within an organization.
• Culture: Fostering a positive attitude, awareness, and understanding of digital accessibility among all organizational staff members and stakeholders.
• Training: Providing regular and relevant training and education on digital accessibility to all organizational staff members and stakeholders.
• Tools: Using appropriate and reliable tools and technologies that support digital accessibility throughout the design, development, testing, and maintenance phases of digital products and services.
• Testing, reporting, and feedback: The process of testing digital products and services involves regular evaluation to ensure compliance with accessibility standards. Clear reports are produced to document compliance status. Feedback from users and stakeholders is solicited, and improvements are made by analyzing and addressing any issues reported.

Best Practices for Meeting Digital Accessibility Requirements

Some of these best practices are:

• Adopt a user-centered approach: Designing and developing digital products and services with the users in mind, especially those with disabilities or diverse needs. It also involves users in the design and development process by conducting user research, testing, or co-design sessions.
• Incorporate accessibility from the start: Integrating accessibility into the planning, design, development, testing, and maintenance phases of digital products and services.
• Follow the WCAG principles: The WCAG principles, which are perceivable, operable, understandable, and robust, are applied to all aspects of digital products and services. They also ensure compatibility with assistive technologies, such as screen readers, magnifiers, keyboards, and voice commands. Testing these products with different assistive devices helps identify and fix any issues or bugs.
• Follow the latest trends and innovations: Keeping abreast of the latest technological advancements and user needs that may affect or enhance digital accessibility. It also consists of adopting or adapting new solutions or approaches that may improve the accessibility and usability of digital products and services.

Real-World Case Studies

Many examples of real-world case studies demonstrate the benefits and challenges of digital accessibility compliance. Some of these case studies are:

The BBC:

The BBC, a UK public service broadcaster, is committed to digital accessibility through a comprehensive accessibility policy, strategy, and standards. It has a dedicated accessibility team that provides guidance, support, and training to staff and stakeholders. The BBC regularly tests and evaluates its digital products and services using various tools. It publishes accessibility statements and solicits user feedback through surveys, forums, and social media. The BBC implements changes to improve accessibility and usability based on user feedback. The BBC has received numerous awards for its excellence in digital accessibility.

Domino’s Pizza:

Domino’s Pizza has faced lawsuits and complaints regarding digital accessibility. In 2016, blind customer Guillermo Robles filed a US lawsuit alleging website and app inaccessibility. The Supreme Court declined to hear the case, and in 2020, Domino’s settled. In 2021, blind customer Lucy Greco filed a complaint in Australia, claiming the company violated the Digital Accessibility Act (DAA) by discriminating against her and failing to comply with WCAG 2.1 level AA.

The Future of Digital Accessibility Legislation

Digital accessibility legislation is a dynamic and evolving phenomenon influenced by various factors such as technology, user needs, social norms, political agendas, and legal systems. It is crucial to anticipate and prepare for the future of digital accessibility legislation.

The rise of new technologies like AI, augmented reality, and voice assistants presents both opportunities and challenges for digital accessibility. To ensure inclusivity, digital accessibility legislation must adapt to these advancements. The scope of digital accessibility should extend to education, healthcare, and entertainment. Harmonizing international standards like the WCAG with global best practices is crucial for consistency and interoperability across different markets.

Lastly, the enforcement of digital accessibility compliance and accountability is essential. Digital accessibility is not voluntary but mandatory or obligatory, as required by the Web and Mobile Accessibility Directive in the European Union. Digital accessibility legislation must enforce compliance and accountability mechanisms, ensuring consequences and remedies for non-compliance or violations.

Conclusion

Digital accessibility is a crucial legal obligation for organizations worldwide, benefiting not only people with disabilities but also those using digital products and services. However, this task is complex and requires a holistic approach involving various stakeholders and practices. This article provides an overview of the legal framework, WCAG, recent developments in digital accessibility legislation, compliance mechanisms, key components of compliance, best practices for meeting accessibility requirements, and real-world case studies. It also discusses potential trends and challenges shaping the future of digital accessibility legislation and the need to anticipate and prepare for them. While the article offers a comprehensive overview, it is not exhaustive or definitive and encourages further research and exploration of digital accessibility legislation and regulation from various sources and viewpoints.