A website is the face of any business, and in today's digital world, it's crucial that it is accessible to all users, regardless of their physical abilities. But what happens when a website's accessibility falls short? How does this affect businesses legally? What might companies in the EU and the USA face if they fail to meet accessibility standards?
In this article, we will explore the legal requirements for website accessibility in the European Union and the United States, and how businesses can avoid legal issues while enhancing their digital experience for customers.
The European Union is one of the leaders in promoting digital inclusivity. As the concept of inclusivity grows, website accessibility has become a key aspect of the legal framework.
In 2016, the EU adopted Directive 2016/2102, which mandates that public sector bodies, as well as certain private companies, must ensure the accessibility of their websites and mobile apps for people with disabilities. This means organizations must make all their digital resources accessible in compliance with WCAG (Web Content Accessibility Guidelines), which set out the technical requirements for accessibility.
These rules not only apply to government websites but also to private sector businesses offering public services or selling goods, especially if they operate internationally. Failure to meet these requirements can lead to legal consequences, including fines and compensation for damages.
Example:
In 2020, the Italian government fined a company for its website's failure to comply with accessibility requirements. The company’s website lacked sufficient support for users with visual impairments, which violated consumers' rights.
Websites in the EU must meet WCAG 2.1 – international accessibility standards that cover principles such as perceivability, operability, understandability, and robustness. This means a website must be accessible to people with various physical disabilities, ranging from vision impairments to motor difficulties.
In the United States, legal requirements for website accessibility are also important, but the approach to them may differ slightly compared to the EU.
The ADA (Americans with Disabilities Act), passed in 1990, has become a key legal framework for accessibility in the US. While ADA does not specifically mention digital platforms, numerous court cases have shown that websites must be accessible to people with disabilities in order to comply with the law.
Court rulings have established that many companies violate the rights of disabled consumers if their websites are not accessible. Therefore, it has been determined that websites must meet WCAG standards to comply with ADA.
Example:
In 2019, the American restaurant chain Domino's Pizza lost a court case due to its website's inaccessibility to users with vision impairments. The court ruled that the company must make all its online services accessible to individuals with disabilities.
In the US, there are no specific laws that directly regulate website accessibility, but violating ADA requirements can lead to significant penalties and compensation for affected individuals. Companies that fail to meet accessibility standards may face costly lawsuits, as well as damage to their reputation.
Ensuring website accessibility is not only an ethical obligation but also an important legal step for every business. So, how can businesses avoid legal issues and ensure compliance with accessibility requirements?
The first step in ensuring accessibility is conducting an audit of your website. This allows you to identify accessibility issues and determine whether your site meets WCAG standards. The audit can be done either in-house or by hiring specialized companies.
Updating your website according to accessibility standards is a crucial step in ensuring legal compliance. This may include:
Your employees should understand why accessibility matters and how to implement it. Conducting training for your team will help them create inclusive content and build a business that meets the needs of all users.
Website accessibility in the EU and the USA is not just a legal requirement, but also an essential element for the success of any business. Companies that neglect this issue risk legal sanctions, reputational damage, and loss of revenue. Ensuring accessibility is not just an obligation; it is a strategic step toward expanding your audience and creating an inclusive business.
Don’t wait until you’re fined! Check your website’s accessibility and ensure it meets legal requirements today. Contact us for consultation and help in adapting your online product for all users!
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Contact us: business@avitar.legal
Serhii Floreskul
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Violetta Loseva
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