Digital Accessibility and Its Growing Importance
Digital accessibility ensures that digital content, such as websites, apps, communications, and documents, are usable by people of all abilities, including those with disabilities. Digital accessibility regulations are important because:
- It's a basic human right: The UN CRPD recognizes access to information and communication technologies as a fundamental right for all.
- It promotes inclusivity and participation: Accessible design ensures that individuals with disabilities can fully participate in education, work, and social life.
- It benefits everyone: Accessible design can improve user experience for all users, not just those with disabilities, such as providing captions for videos or using speech-to-text.
- It's a good business practice: Accessible websites and apps can attract a wider audience, increase online presence, and improve search engine optimization.
- It's legally mandated in some cases:
- The Americans with Disabilities Act (ADA) requires public and private spaces, including digital spaces, to be accessible.
- The European Accessibility Act requires businesses to have accessible apps, websites, and digital communications.
- The Accessible Canada Act ensures that federal organizations, Crown corporations, and federally regulated private organizations, must make their websites, applications, and other digital content accessible to people with disabilities.
The European Accessibility Act (EAA)
Overview
The
European Accessibility Act (EAA) requires businesses to make a range of products and services, including websites, apps, and digital communications, more accessible to people with disabilities. This includes ensuring that websites, mobile apps, and e-commerce platforms meet WCAG 2.1 Level AA or higher. The Act goes into effect on June 28, 2025.
- Legal Requirement: The EAA makes digital accessibility a legal requirement for many businesses in the EU.
- Scope: This affects a wide range of digital products and services, including websites, mobile apps, self-service terminals, and electronic communications platforms.
- Key Elements: The EAA mandates that digital content must be accessible to people with disabilities, including those with visual, auditory, motor, or cognitive impairments.
- Compliance: Businesses need to ensure their digital offerings meet specific accessibility requirements, which often align with standards like WCAG 2.1 Level AA.
- Enforcement: Member states will be responsible for enforcing the EAA, and there will be penalties for non-compliance, potentially including fines.
Who it affects
The EAA primarily affects businesses operating in the EU, but it can also impact businesses outside the EU that target EU consumers.
There are some exemptions, particularly for very small businesses (fewer than 10 employees and under €2 million in annual turnover).
Specific Standards for Digital Accessibility
- Web Content Accessibility Guidelines (WCAG) 2.1 Level AA: This standard is a key reference for digital accessibility, covering websites, apps, and other digital interfaces.
- EN 301 549: This European standard provides detailed technical guidance for accessible ICT, including hardware, software, and digital documents. It often references and incorporates principles from WCAG.
- Perceivable, Operable, Understandable, and Robust (POUR): These four principles, which are the foundation of accessibility, are also relevant to the EAA. This means products and services should be designed to be accessible to individuals with various impairments, including visual, hearing, cognitive, and mobility impairments.
General Accessibility Requirements
- Functional Performance Criteria: Businesses must ensure that users with varying abilities can achieve the same outcomes. This can involve providing text alternatives for images, ensuring keyboard navigation, and providing sufficient contrast.
- Accessibility Statements: Organizations must publish accessibility statements that outline how their products and services meet accessibility requirements.
- Ongoing Monitoring: Businesses are required to monitor accessibility on an ongoing basis and implement training for employees to ensure ongoing compliance.
- Product Documentation: Manufacturers must create technical documentation demonstrating how their products meet accessibility requirements.
- CE Marking: CE marking on products indicates that they meet EU standards, including accessibility requirements.
Responsibilities for organizations
Organizations have various responsibilities to comply with the European Accessibility Act (EAA), including making products and services accessible to people with disabilities, publishing accessibility statements, and ensuring compatibility with assistive technologies. This involves conducting accessibility audits, providing accessible documentation, training employees, and continuously monitoring accessibility on an ongoing basis.
Implications for Non-Compliance
Non-compliance with the European Accessibility Act (EAA) can have significant consequences for organizations operating in or serving the EU. These include financial penalties, legal actions, and reputational damage. Beyond fines, organizations may face restrictions on their ability to operate in the EU market and be excluded from public contracts. Here's a more detailed breakdown:
Financial Penalties
- Fines: EU member states can impose fines for non-compliance, with amounts varying based on the severity of the violation and the specific legislation in each country.
- Daily Penalties: Some countries, like Belgium, impose daily fines for ongoing non-compliance, incentivizing rapid remediation.
Reputational Damage
- Negative press and loss of consumer trust can result from public exposure of non-compliant products or services.
Legal Consequences
- Legal Actions: Individuals and advocacy groups can file complaints or lawsuits against non-compliant businesses.
- Injunctions: Authorities can issue formal warnings or legally binding instructions to make corrections within a specified timeframe.
- Product or Service Suspension: Non-compliant products or services can be removed from the market.
- Restrictions on Market Access: Organizations may face restrictions on their ability to operate in the EU market.
Steps to Prepare Before June
- Audit current email templates for accessibility.
- Choose or update email platforms that support compliance.
- Train content creators and designers on accessibility standards.
- Develop internal accessibility guidelines.
- Plan for ongoing compliance monitoring.
Free Accessibility Testing Tools
- WAVE (Web Accessibility Evaluation Tool): A browser extension that analyzes web content, including HTML emails, for accessibility issues and provides reports for remediation.
- Accessibility Insights (Microsoft): While primarily for web accessibility, this tool (available as browser extensions and a desktop app) can also be used to assess HTML emails for accessibility problems.
- WebAIM Contrast Checker: An online tool specifically designed to evaluate color contrast ratios between text and background, a vital aspect of visual accessibility.
- Outlook Accessibility Feature: Microsoft Outlook includes a built-in accessibility checker that reviews email content and flags potential issues, explaining why they might be problematic and suggesting solutions.
Paid Accessibility Testing Tools
- Litmus: This email marketing platform provides an integrated accessibility checker that examines email campaigns for accessibility issues and offers guidance for improvement.
- Email on Acid: An email testing and quality assurance platform that includes accessibility testing as a feature. It identifies a variety of issues, including accessibility problems, and provides guidance on resolving them.
- Accessible Email: This tool focuses on improving email accessibility by allowing users to input HTML code or analyze existing campaigns via URLs. It provides reports on accessibility issues and suggests solutions.
- AChecker: A versatile tool that allows users to paste web page URLs, upload design files, or input HTML directly for accessibility evaluation, including HTML emails.
FAQs
Who needs to comply to EAA regulation?
The European Accessibility Act (EAA) applies to any organization, public or private, that sells or offers products or services within the European Union (EU). This includes businesses based outside the EU that have a physical presence in an EU member state or sell products/services to EU consumers. Microenterprises (fewer than 10 employees and less than €2 million in revenue) are generally exempt.
What if my emails are sent through a third-party platform?
Third-party email platforms are generally exempt from the European Accessibility Act (EAA) if they are not funded, developed, or controlled by the organization using them. However, if an organization integrates third-party email content into its own services, it becomes responsible for ensuring its accessibility.
Does EAA apply to internal emails too?
The EAA (European Accessibility Act) does not apply directly to internal emails used solely within an organization. The EAA primarily focuses on products and services that are offered to consumers or placed on the EU market.
See also: Digital accessibility regulation in U.S. & Canada.
Sources: Accessibe.com, Accessible.org, AccessibleEU, AllAccessible, Compliance Week, Deque Systems, European Commission, Level Access, Slaughter and May, UseableNet, WCAG