Accessibility of public sector websites and mobile apps

SUMMARY OF:

Directive (EU) 2016/2102 on the accessibility of the websites and mobile applications of public sector bodies

WHAT IS THE AIM OF THE DIRECTIVE?

It aims to make public sector websites and mobile applications more accessible, and to harmonise varying standards within the European Union (EU), reducing barriers for developers of accessibility-related products and services.
This allows EU citizens, particularly those with a disability, to gain easier access to public services.

KEY POINTS

EU Member States must ensure that websites and mobile applications of public sector bodies are ‘more accessible’, particularly for people with disabilities, by making them ‘perceivable, operable, understandable and robust’. The accessibility standard is set out in the harmonised European standard EN 301 549 v3.2.1 (2021-03). The parts of this standard that are relevant to this directive are listed in Annex A of the standard.

Public sector bodies must regularly provide a detailed, comprehensive and clear accessibility statement on how their websites and mobile applications comply with this directive, including:

an explanation for any inaccessible elements and information on accessible alternatives;
a description on how a user may report any failure to comply with this directive or request information that is excluded from the scope of this directive;
a link to a complaint mechanism that can be used if the response is inadequate.

Implementing Decision (EU) 2018/1523, an implementing act adopted by the European Commission, establishes a model accessibility statement.

Member States must also:

facilitate the application of the accessibility requirements to other types of websites and mobile applications covered by existing national laws;
facilitate training programmes on the accessibility of websites and mobile applications;
raise awareness of the accessibility requirements;
share best practice, facilitated by the Commission;
ensure the availability of an effective enforcement procedure.

Member States may maintain or enact legislation which goes beyond the minimum requirements of this directive.

Exclusions

This directive does not apply to public service broadcasters or non-governmental organisations that do not provide services that are essential to the public or specifically to people with disabilities. In addition, it does not apply to the following content elements:

office file formats published before 23 September 2018, unless needed for administrative processes by the public sector body concerned;
audio or video published before 23 September 2020;
live audio or video;
online mapping, as long as essential navigational information is provided in an accessible manner;
third-party content not under the control of the public sector body concerned;
reproductions of heritage items or manuscripts in certain circumstances;
extranet and intranet content intended for a closed group of people, published before 23 September 2019, until they have a major update;
content of websites and mobile applications not updated or edited after 23 September 2019 (archives), if their content is not needed for administrative processes.

Member States may exclude the websites and mobile applications of schools, kindergartens or nurseries, except for content relating to essential online administrative functions.

Monitoring

Member States must monitor compliance using the methodology adopted by the Commission on 11 October 2018. The methodology, established by Implementing Decision (EU) 2018/1524, includes:

the periodicity of the monitoring and website and mobile application sampling arrangements;
the sampling of web pages, of the content on those pages and of the content of mobile apps;
a description of the way to determine compliance;
where deficiencies are found, a mechanism to help public sector bodies correct them; and
arrangements for automatic, manual and usability tests.

Reporting

By 23 December 2021, and every 3 years after that, Member States will publish and submit to the Commission a report that presents the results of monitoring and information on the use of the enforcement procedure. The first report will also cover:

consultation arrangements with stakeholders (organisations of persons with disabilities and of the older people, social partners, industry and others) on the accessibility of websites and mobile applications;
procedures to publicise developments in accessibility policy;
experiences and findings from the implementation of the directive; and
information on training and awareness-raising activities.

The content of all the reports will be made public in an accessible format. The application of the directive will be reviewed by the Commission before 23 June 2022.

FROM WHEN DOES THE DIRECTIVE APPLY?

It has applied since 22 December 2016 and had to become law in the Member States by 23 September 2018. Member States had to apply these measures as follows:

from 23 September 2019 for websites published after 22 September 2018;
from 23 September 2020 for all other websites of public sector bodies;
from 23 June 2021 for mobile applications of public sector bodies.

BACKGROUND

For further information, see:

Web accessibility (European Commission)
Commission proposes to make products and services more accessible to the disabled persons — press release (European Commission)
Statement by Vice-President Ansip and Commissioner Oettinger welcoming the adoption of the first EU-wide rules to make public sector websites and apps more accessible (European Commission)
UN Convention on the Rights of Persons with Disabilities (United Nations)
New European standard on accessibility requirements for public procurement of ICT products and services (European Telecommunications Standards Institute).

MAIN DOCUMENT

Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, pp. 1–15).