PURPOSE: to lay down common requirements to make public sector websites and mobile applications (apps) more accessible across the EU.
LEGISLATIVE ACT: Directive (EU) 2016/2102 of the European Parliament and of the Council on the accessibility of the websites and mobile applications of public sector bodies.
CONTENT: this Directive aims to approximate the laws, regulations and administrative provisions of the Member States relating to the accessibility requirements of the websites and mobile applications of public sector bodies, thereby enabling those websites and mobile applications to be more accessible to users, in particular to persons with disabilities.
The directive sets out minimum conditions allowing member states to establish even stronger requirements. Those requirements shall not impose a disproportionate burden on the public sector bodies.
Member States may exclude from the application of this Directive websites and mobile applications of schools, kindergartens or nurseries, except for the content thereof relating to essential online administrative functions.
Presumption of conformity with the accessibility requirements: the Directive provides that the level of accessibility should be equivalent to that ensured by European standard EN 301 549 V1.1.2 (2015-04). The Commission is empowered to adopt delegated acts in order to amend the references to this standard so as to make reference to a more recent version of that standard, or to a European standard replacing it.
By 23 December 2018 at the latest, the Commission will be required to adopt implementing acts establishing technical specifications for mobile applications where no reference to a harmonised standard has been published.
Accessibility statement: Member States shall ensure that public sector bodies provide and regularly update a detailed, comprehensive and clear accessibility statement on the compliance of their websites and mobile applications with this Directive. The statement shall include the following:
- an explanation concerning those parts of the content that are not accessible, and the reasons for that inaccessibility and, where appropriate, the accessible alternatives provided for;
- a link to a feedback mechanism enabling any person to notify the public sector body concerned of any failure of its website or mobile application to comply with the accessibility requirements ;
- a link to the enforcement procedure to guarantee compliance with this Directive to which recourse may be had in the event of an unsatisfactory response to the notification or the request.
Member States shall promote and facilitate training programmes, relating to the accessibility of websites and mobile applications and take the necessary measures to raise awareness of the accessibility requirements. They shall periodically monitor the compliance of websites and mobile applications of public sector bodies with the accessibility requirements.
ENTRY INTO FORCE: 22.12.2016.
TRANSPOSITION: 23.9.2018.
Member States have different deadlines to apply the measures: (i) from 23.9.2019 for websites of public sector bodies; (ii) from 23.10.2020 for existing websites; (iii) from 23.6.2021 for mobile applications of public sector bodies.
Lastly, the Commission shall carry out a review of the application of this Directive by 23 June 2022 that shall include a review of technological advances that could make accessibility easier for some types of content excluded from the scope of this Directive.
DELEGATED ACTS: the power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from 23 June 2017. The European Parliament or the Council shall have the right to object to a delegated act within a period of two months (extendable for two months) from the date of notification.