Digital Accessibility Regulations

We are living in an era of technological transformation, and it is crucial to put the individual at the center of this change and focus on the development of democratic and inclusive technologies. 

The WEB was also conceived by its founder, Tim Bernes-Lee, to be accessible and connect everyone. But this is not always the case. Think of the elderly, people with disabilities, neurodivergences and their difficulty or impossibility of being able to access and use services that are common today, such as online shopping, home banking, conference calls or e-learning. 

Digital accessibility and its norms therefore come into play, which begin with the United Nations Convention on the Rights of Persons with Disabilities which first introduces an evolving concept of disability, no longer limited to a medical condition, but a reflection of the interaction between individuals and the behavioural, environmental and technological barriers that limit their full and equal participation in society. The Convention guarantees the enjoyment of rights already recognized through universal design and accessibility of products, facilities, services that can be used by all people to the greatest extent possible. 

The European Union and the Member States are committed to promoting the principles enshrined in the Convention with Directive EU/2016/2102 on the accessibility of websites and mobile applications of public sector bodies and the Accessibility Act, Directive EU/2019/882 aimed at harmonizing the accessibility requirements of ICT services and products. 

In Italy, the reference standard for digital accessibility is Law 4/2004 - the so-called Stanca Law. The providers called upon to apply the rule are the organisations which comprise public administration and private companies that offer services to the public through websites or mobile applications with an average turnover, in the last three years of more than 500 million euros. 

The body responsible for controlling digital accessibility is AGID. Providers are required, first of all, to create websites and mobile sites in compliance with the AGID guidelines, which, in turn, refer to the European technical standard EN 301549.  This standard specifies the accessibility requirements applicable to ICT products and services and gives a description of test procedures and evaluation criteria for each accessibility requirement. 

Secondly, providers will need to prepare an Accessibility Declaration by 23 December of each year certifying the compliance of a website and mobile site with the aforementioned guidelines. All this means is that, in the event of non-compliance or partial compliance, they must plan for the accessibility measures that have not yet been met and define a compliance plan to be presented in the event of an audit. Compliance activities, procedures and specialized figures are therefore necessary. All the more so if we consider that the rule provides, in the event of the burden being too onerous, that providers may limit the accessibility of a website or a mobile application. This is a derogation that must be based exclusively on legitimate and adequately justified reasons. 

The legal scenario becomes even more complex due to the Accessibility Act, which extends the applicability of the accessibility discipline to all economic operators, for certain ITC products and services, starting from June 2025. Italy has implemented the Directive with Legislative Decree no. 82 of 27 May 2022. It is therefore essential to invest in training people for professional roles such as the Disability Manager and the Digital Transformation Manager. Only through a culture of digital accessibility, the correct application of the rules and the joint commitment of Governments, institutions, public and private organizations will it be possible to guarantee inclusive access to digital services and technology. 

Bylined article published by Il Sole 24Ore