Accessibility as a Standard: A Legal Necessity and Your Next Priority

What is Digital Accessibility, really?

Let's start with the basics: what exactly is digital accessibility? Simply put, it's about ensuring that anyone, regardless of their skills, can use and enjoy digital products. We're talking about making sure people with visual impairments can navigate your site, people with hearing difficulties can understand your videos, and people with motor challenges can interact with your content.

You might be surprised to learn that many accessibility features are already part of the tech you use every day. Let's look at some examples:

• Smartphone features: Voice assistants such as Siri, Google Assistant or Alexa can help users with visual or mobility impairments navigate their devices and perform tasks. Screen magnification allows users to zoom in on any part of the screen.
• Video streaming: captions on Youtube or Netflix aren’t just for watching in a noisy environment - they are very important for deaf or hard-of-hearing people.

The legal landscape: it's not just about being nice

Accessibility is transforming from a "nice thing to do" to a legal requirement. Countries around the world are implementing laws mandating digital accessibility, just as they do for data protection. And these are not just gentle suggestions - we're looking at potential lawsuits and significant fines for non-compliance.

One of the most important developments in the field of accessibility in the European Union is the European Accessibility Act (EAA). The act, adopted in 2019, aims to improve the functioning of the internal market for accessible products and services by removing barriers created by divergent regulations in different EU countries.

Key points about EEA:

1. What will it cover? The act covers a wide range of digital products and services, including computers, smartphones, e-books, e-commerce, and banking services.
2. When will it be required? The rules will apply from June 28, 2025.

The EAA is set to significantly reduce barriers for people with disabilities across Europe, enabling them to participate more fully in society. By making these changes, individuals with disabilities can lead more independent lives at work, school, and beyond. Furthermore, as the population ages, accessibility becomes increasingly vital. The EAA will assist older adults in maintaining active societal roles and even extending their working lives if they wish.

Beyond Disabilities: Accessibility for Everyone

While web accessibility standards like the Web Content Accessibility Guidelines (WCAG) are essential for people with disabilities, they also benefit those with limitations. For instance, individuals over the age of 40 often experience diminished eyesight, making accessibility features beneficial for them as well. Thus, these requirements are not solely for people with disabilities but for everyone. By designing with accessibility in mind, we create a more inclusive digital world that accommodates diverse needs, ultimately benefiting all users.

What the European Accessibility Act Does and Doesn't Do

What It Will Do

• Specify Requirements: The act specifies "what" needs to be accessible, not "how," allowing for flexibility and innovation in meeting these requirements.
• Unified Standards: It sets common accessibility requirements across the EU for certain products and services, creating a unified "language" of accessibility.
• Compliance: Each EU country needs to ensure that products and services in their market comply with these new accessibility rules.
• Support UN Convention: Aligns with the UN Convention on the Rights of Persons with Disabilities, helping EU countries meet their obligations.
• Encourage Innovation: By not specifying the technical details, it allows for the development of standards or technical measures as needed, encouraging companies to find creative solutions.
• Focus on Specific Products and Services: Targets a specific list of products and services, ensuring that the most critical areas are addressed.

What It Will Not Do

• Dictate Technical Methods: The act does not specify "how" to achieve accessibility, leaving room for companies to innovate.
• Cover All Products and Services: Not every manufacturer or service provider is affected; the act focuses on a predefined list of products and services.
• Override Existing Laws: The act does not override or change existing EU laws on accessibility. Instead, it fills gaps and creates cohesion.
• Provide Detailed Guidelines: While it sets requirements, it does not dive into the technical details, allowing for the development of more specific standards when needed.

But I'm not a developer! Why should I care?

You might be thinking, "But I'm not a tech person! Why should I care?" Well, accessibility touches every aspect of digital presence. If you're in marketing, you need to think about how your content is perceived by all users. Business owners? You'll need to consider accessibility in your digital strategy. And if you're in management, it's crucial to incorporate accessibility into project timelines and budgets.

Negative Consequence: Domino's Pizza Lawsuit

In 2016, Guillermo Robles, a blind man, filed a lawsuit against Domino's Pizza, claiming that their website and mobile app were not accessible to screen readers, which he relied on to place an order. This case reached the Supreme Court, which declined to hear Domino's appeal, thereby upholding the lower court's decision that the Americans with Disabilities Act (ADA) applies to the online presence of businesses. What were the impacts?

• Legal Costs: Domino's faced significant legal costs associated with defending the lawsuit.
• Reputation Damage: The case attracted negative publicity, which can harm the brand's reputation.
• Potential Loss of Customers: Failing to cater to customers with disabilities can result in lost sales. According to the CDC, about 26% of the U.S. population has some form of disability.

The Business Case: Why accessibility is good for your bottom line

Now, let's talk about business. Accessibility isn't just about avoiding legal trouble – it's good for your bottom line. By making your products accessible, you're expanding your potential user base. Plus, many accessibility best practices align with SEO best practices, giving you a boost in search rankings. And let's not forget the improved user experience for everyone. After all, who doesn't appreciate clear navigation and well-structured content?

Having a well-structured system for inputs benefits both developers and users, enhancing efficiency and user experience. Here's a screenshot from one of our projects demonstrating this.

What else can you achieve with it?

Solving accessibility challenges often leads to innovative solutions that can differentiate your product. Remember curbstones? They were designed with wheelchair users in mind, but ended up benefiting everyone from parents with strollers to suppliers. The same principle applies to digital accessibility - your solutions can lead to features that give you a competitive advantage.

As accessibility regulations become more stringent around the world, investing in accessibility now can save you from potential legal hassles and costly upgrades in the future. It's always cheaper to build accessibility in from the beginning than to add it later.

Many government bodies and large corporations now require their suppliers to meet accessibility standards. By prioritizing accessibility, you open the door to lucrative contracts that might otherwise be closed to you.

Conclusion

Digital accessibility is essential in today's world. It's about making sure everyone, regardless of their abilities, can use and enjoy digital products. This is not only a legal requirement but also good for business. Accessibility improves user experience, expands your customer base, and can boost your search rankings.

Investing in accessibility now can save you from legal troubles and costly future upgrades. It also positions your business as inclusive and innovative, opening up new opportunities and contracts.

In short, making your digital presence accessible benefits everyone and helps create a more inclusive society. Embrace it as a standard, and you'll see the positive impact on both your business and your community.