Web development without limits part 1: The practical guide for accessible design
(Bild: Robert Kneschke/Shutterstock.com)
The starting signal for this series of articles on digital accessibility describes the legal guidelines that website operators in the EU must implement.
Digital accessibility – ever heard of it? For sure. But what exactly is behind it? And more importantly, which regulations and laws will also apply to private companies from this year? How can web developers take them into account appropriately and efficiently? Basically, digital content is always accessible if it can be found, accessed and used by all people, regardless of their abilities (see Section 4 BGG [1]). Guidelines, laws and standards provide recommendations and specifications for the creation and review of accessible digital content.
This article is the first part of a series of articles on digital accessibility. It will begin by discussing the necessity and advantages of implementing accessible digital content, as well as providing information on the most important legal frameworks and guidelines for accessible digital content in Germany and the EU.
Digital accessibility is for everyone
People with disabilities are dependent on comprehensive accessibility when using digital services. In Germany alone, this affects at least eight million people (see statistics on severely disabled people from the Federal Statistical Office [2]), although this figure only includes people with a recognized severe disability. However, it is not only people with a (severe) disability who are affected by difficult access to digital services. Senior citizens, people with different native languages and language levels and children also benefit from accessible digital services.
Accessibility in the digital sector should help to ensure that all people (regardless of their physical or intellectual abilities) can use digital services without any particular difficulty and in the same way. This means that there should be no disadvantages or detours in use. This involves both the visual design and acoustic and haptic access as well as the functionality that ensures access and use for all users. To date, only public institutions in the European Union (EU) have been legally obliged to implement digital accessibility. With the entry into force of the European Accessibility Act (EAA) in 2019, the private sector will also be obliged to implement digital accessibility from mid-July 2025.
What is the case for consistent implementation of digital accessibility?
When it comes to implementing accessible digital content, it initially seems to involve a lot of work that affects a comparatively small target group. But is this really the case?
- Advantages for all users
- Competitive advantages through accessibility
- Corporate social responsibility
- Legal obligations for public institutions and the private sector
In principle, accessible digital content and accessibility in digital applications improve usability for everyone. High color contrasts, large click areas or clear structures on websites are a prerequisite for people with visual impairments to be able to use digital content successfully. At the same time, they also make it easier for children, senior citizens and digital newcomers to understand important content. These groups of people have individual challenges (such as poor concentration) and skills in dealing with digital content and therefore also benefit from the adapted design elements. However, "digital natives" without visual impairments also benefit from these adaptations, as they can also grasp the content of a website faster and better at a glance.
Another example of content adaptation concerns the language used on websites: Simple and clear language is important for people with learning difficulties so that they can understand texts better. At the same time, this also makes it easier to use digital information for people who face language barriers due to a migration or refugee background and are just learning to read a new language. An accessible website therefore does not mean offering a separate version for people with disabilities. Rather, accessibility is an integral requirement for every website in order to provide content that is easy to use and understand for all people.
It can also be worthwhile for website operators to make websites accessible. Against the backdrop of social and demographic developments in Germany (increasing number of older people, immigration, etc.), digital accessibility is an important economic factor. Accessible digital offerings strengthen competitiveness and can expand the user and customer base (see The Business Case for Digital Accessibility | Web Accessibility Initiative (WAI) | W3C [3]). For example, if a website is clearly structured and products can be found quickly, this appeals to visitors who might be overwhelmed on other websites.
Accessibility can also be a convincing social selling point. In this way, accessibility can be linked to corporate social responsibility and shows that the website operator is willing to take on social responsibility. This approach has long-term positive effects for companies, such as opportunities for cooperation or new potential customers (see Corporate Social Responsibility - Definition | Gabler Wirtschaftslexikon [4]). Another argument in favor of barrier-free implementation is a better rating by search engines. Websites that use alternative texts for graphics, images and logos and prepare texts in a technically and content-wise well-structured manner are rated better [5] by search engines and prioritized as search results [6].
Accessibility as an obligation
In the European Union, the barrier-free implementation of digital services is no longer a "nice to have", but is enshrined in European directives and national laws. The legal basis for this goes back to the ratification of the UN Convention on the Rights of Persons with Disabilities (UN CRPD) [7], which sets out the human rights of people with disabilities in concrete terms. Figure 1 shows the most important directives and laws from a German perspective.
(Image: Baumann, Bursy)
The Web Accessibility Directive
The Web Accessibility Directive (WAD) [8], officially "Directive 2016/2102 on the accessibility of the websites and mobile applications of public sector bodies", is the first European harmonized and binding minimum requirements for the design of digital products and services of public institutions. The directive applies to the design of websites and mobile applications of public sector bodies and sets out precise requirements for their implementation. Since June 2021, all websites and mobile applications of public sector bodies in the Member States must comply with the minimum accessibility requirements set out in the WAD.
In Germany, the "Act on the Equality of Persons with Disabilities" (also known as the Disability Equality Act, BGG [9]) was adapted to the new requirements of the WAD in 2018. Section 12a "Barrier-free information technology" is particularly relevant here. Here, the obligation of public institutions at federal level to design barrier-free websites and services (e.g. apps), electronic administrative processes and graphical program interfaces is enshrined in law.
The "Ordinance on the Creation of Barrier-free Information Technology in Accordance with the Disability Equality Act" (also known as the Barrier-free Information Technology Ordinance, BITV 2.0 [10]) was also adapted to the requirements of the WAD in 2019. The ordinance implements the requirements of the WAD that were not already included in the BGG in 2018. The accessibility obligation here relates to textual and non-textual information in various formats, documents and forms for downloading and functions that require interaction between users and the system, such as authentication processes.
A special feature of the German implementation of the WAD is the requirement of BITV 2.0 in Art. 4, which obliges public institutions to provide essential content and navigation instructions on the homepage of a website in German Sign Language and in Easy [11] Language (further information on this can be found at Netzwerk Leichte Sprache [12]).
The European Accessibility Act
With the aim of implementing the aforementioned laws for all digital content within the EU, private-sector digital products and services in the European single market must also be accessible in accordance with the same minimum standards from 2025. These requirements are set out at European level in "Directive (EU) 2019/882 of the European Parliament and of the Council on accessibility requirements for products and services" (see European Accessibility Act, EAA [13]), which came into force in 2019. The EAA is implemented at national level in Germany through the Barrierefreiheitsstärkungsgesetz (BFSG) [14] of 2021. The BFSG applies to products such as computers and smartphones as well as services and communication and information offerings such as messenger services and e-books. The complete list can be found in BFSG Section 1 (2) and (3) (see BFSG - Barrierefreiheitsstärkungsgesetz [15]). Services provided by micro-enterprises with fewer than ten employees and an annual turnover of no more than two million euros are exempt from these requirements. Whether the BFSG applies to your own products or services can be checked in the first step by means of a free BFSG Check [16].
In addition, the Federal Ministry of Labor and Social Affairs has drawn up guidelines for the implementation of the requirements for companies within the framework of the BFSG (see Guidelines for the application of the Accessibility Reinforcement Act of the BMAS [17]).
Both the EAA and the WAD refer to the European standard EN 301 549 [18] entitled "Accessibility requirements for ICT products and services". EN 301 549 is a European standard for digital accessibility. It defines accessibility requirements for information and communication technology and is considered a binding standard. It references the Web Content Accessibility Guidelines (also WCAG guidelines [19]) and thus the basic principles and conformance levels for digital accessibility defined in the WCAG. The WCAG and EN 301 549 concretize the guidelines and laws and describe the requirements that providers of digital content must observe. Figure 2 shows the structure of the WCAG criteria according to principles, guidelines and success criteria (further information on the following website: The four principles of the Web Content Accessibility Guidelines (WCAG) 2.2 [20]).
(Image: Darstellung von Baumann und Bursy, angelehnt an Sartori, 2024 [21])
When is a website considered accessible?
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 [22]).
(Image: Baumann, Bursy)
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 [23] 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.
Digital accessibility: the foundation for digital participation
Despite the comprehensive legal framework and existing guidelines for implementation, many websites in the EU and Germany are not accessible or only accessible to a limited extent. The report on the implementation of the WAD in Germany [24] from the beginning of 2020 to mid-2021 shows that no website and no mobile application of public institutions met all minimum accessibility requirements (Note: At the time of writing, the announced reports from the second reporting period for the end of 2024 have not yet been published). In its WebAIM Million Report [25], the non-profit organization WebAIM reports that in 2024, as in previous years, almost 96 percent of the world's most frequently visited websites are not accessible as measured by the WCAG guidelines. This is not only a legal problem, but also a social one. Accessible digital information and services are a basic prerequisite for the participation of all people, especially people with disabilities, in the digital world. From the provider's perspective, it is important to view accessibility not as an additional service for people with disabilities, but as an important basic building block for a digital service that is easy to use, economical and legally compliant.
In order to be able to offer an accessible website, a successful interplay of technical aspects, design elements and editorial content is necessary. Ideally, accessibility should be considered from the first written code to the publication of a website. This is also worthwhile in the long term, as it avoids the costs and resources of expensive retrofitting. To help you take the first steps towards greater accessibility on your website, REHADAT kompakt - Issue 07 [26] contains a checklist of things to look out for when creating web content.
Outlook
The second part of this article series will build on this article and present the following content:
- Basic principles of accessible web development
- Technical basics of accessible web development with coding examples
- Accessibility in content management systems
- Tips and tools for checking accessibility
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This article was originally published in German [31]. It was translated with technical assistance and editorially reviewed before publication.
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[1] https://www.gesetze-im-internet.de/bgg/4.html
[2] https://www.destatis.de/DE/Themen/Gesellschaft-Umwelt/Gesundheit/Behinderte-Menschen/Publikationen/Downloads-Behinderte-Menschen/sozial-schwerbehinderte-kb-5227101219004.pdf?
[3] https://www.w3.org/WAI/business-case/
[4] https://wirtschaftslexikon.gabler.de/definition/corporate-social-responsibility-51589
[5] https://www.rehadat.de/export/sites/rehadat-2021/lokale-downloads/rehadat-publikationen/rehadat-kompakt-07-barrierefreie-webseiten.pdf
[6] https://www.rehadat.de/export/sites/rehadat-2021/lokale-downloads/rehadat-publikationen/rehadat-kompakt-07-barrierefreie-webseiten.pdf
[7] https://www.institut-fuer-menschenrechte.de/das-institut/monitoring-stelle-un-brk/die-un-brk
[8] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016L2102
[9] https://www.gesetze-im-internet.de/bgg/BJNR146800002.html
[10] https://www.gesetze-im-internet.de/bitv_2_0/BJNR184300011.html
[11] https://www.leichte-sprache.org/leichte-sprache/
[12] https://www.leichte-sprache.org/leichte-sprache/
[13] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32019L0882
[14] https://www.gesetze-im-internet.de/bfsg/index.html
[15] https://bfsg-gesetz.de/
[16] https://bfsg-gesetz.de/check/
[17] https://www.bmas.de/SharedDocs/Downloads/DE/Teilhabe/leitlinien-barrierefreiheit.pdf?blob=publicationFile&v=3
[18] https://www.etsi.org/deliver/etsi_en/301500_301599/301549/03.02.01_60/en_301549v030201p.pdf
[19] https://www.w3.org/WAI/standards-guidelines/wcag/
[20] https://www.barrierefreies-webdesign.de/richtlinien/wcag-2.2/
[21] https://www.omt.de/online-marketing/wcag/
[22] https://www.barrierefreies-webdesign.de/richtlinien/wcag-2.2/erfolgskriterien/
[23] https://www.bfit-bund.de/DE/Downloads/downloads.html
[24] https://digital-strategy.ec.europa.eu/en/library/web-accessibility-directive-monitoring-reports
[25] https://webaim.org/projects/million/
[26] https://www.rehadat.de/export/sites/rehadat-2021/lokale-downloads/rehadat-publikationen/rehadat-kompakt-07-barrierefreie-webseiten.pdf
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