Page 2: When is a website considered accessible?

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The laws and guidelines presented here refer in their specific requirements to the specifications of the international WCAG standard. They contain several levels, so-called conformance levels. The fulfillment or degree of fulfillment of the success criteria determines which of the three conformance levels (A, AA, AAA) is achieved for the respective website (see Figure 3). The assignment of success criteria to the levels depends on various factors, such as their importance for accessibility and possible alternative solutions (see success criteria and conformance conditions of the Web Content Accessibility Guidelines (WCAG) 2.2).

In the EU, the minimum requirements for the accessibility of a website are considered to be met if conformance level AA is achieved. In the WCAG, accessibility is described using the four basic principles of perceptibility, usability, comprehensibility and robustness. The classification is based on the needs of different user groups.

Here is an example: A website fulfills 90 percent of the Level A success criteria, 50 percent of the Level AA success criteria and 20 percent of the Level AAA success criteria. This website is still not WCAG standard-compliant, as at least all 30 Level A success criteria must be met. In order to achieve the EU standard, all success criteria of conformance level AA must also be fulfilled. It would therefore not be sufficient if all success criteria of conformance level AA are met, but on the other hand a single success criterion of conformance level A is not met.

However, this does not mean that website operators should not nevertheless try to make their websites more accessible. On the contrary: this example shows that the website is probably only missing one criterion to achieve conformance level A. Furthermore, the measures that have already been implemented can already increase the accessibility of the website for users, even if not all formal criteria are met.

The two EU directives presented require various instruments to ensure accessibility in addition to the specifications for the minimum standards in the concrete barrier-free implementation of a website.

Web Accessibility Directive

According to Art. 7 of the WAD, public bodies are obliged to publish a comprehensive, detailed and clear "accessibility statement" for their websites and mobile applications. The aim of this declaration is to deal transparently with the barriers that still exist on a website vis-à-vis visitors. Public bodies must therefore regularly and actively address the accessibility of their offerings and justify any requirements that have not (yet) been implemented. In addition, the accessibility declaration provides the necessary transparency to identify existing barriers. A template and guidelines for the accessibility declaration are available for download on the website of the Federal Monitoring Agency for Accessibility and Information Technology (BFIT-Bund).

In addition, websites and mobile applications of public bodies must allow users to report any digital barriers still present on the website or in the application (feedback mechanism). Furthermore, according to Art. 9 of the WAD, the federal and state governments are obliged to install an enforcement procedure to support users who have encountered barriers and reported them in the event of unsatisfactory or non-response from the public body. Compliance with the accessibility declaration requirements and the implementation of the feedback mechanism must be checked by regular spot checks by the federal and state monitoring bodies in accordance with Art. 8 of the WAD. In Germany, the BFIT-Bund is responsible for federal public institutions in accordance with Section 13 (3) BGG. At federal state level, the respective state monitoring bodies are responsible for monitoring.

European Accessibility Act

The EAA also provides for an enforcement procedure under Art. 29. In national legislation in Germany, this requirement is specified in Section 8 of the BFSG. For example, if websites or apps do not meet the accessibility requirements, users can apply to the competent state authority for market surveillance to initiate measures against the operators. If the authority refuses to do so, legal action can be taken via the administrative courts.