LinguaInclusa

In the United States, the Americans with Disabilities Act protects people with disabilities from discrimination. Within this act, there are several laws that provide the protected rights or outline the specific guidelines needed to aid people with disabilities. The full text of the law can be found here.

In addition to the ADA, Section 508 of the Rehabilitation act of 1973 requires that all electronic and information technology is accessible to people with disabilities. While Section 508 specifies the use in all federal agencies, any agency that will be contracted by or does business with federal agencies including but not limited to financial institutions, healthcare companies, and legal organizations. This requirement is also protected under Section 504 of the Rehabilitation Act of 1973 and the ADA.

Violations of the law can lead to civil rights violation lawsuits.. The federal law allows for fines up to USD$75,000 for the first violation and USD$150,000 for additional ADA violations. Additional monetary damages can be incurred depending on the state’s jurisdiction as well. In summary, it is best to follow the guidelines to avoid loss of funds and brand reputation.

Under these laws, all business must design with disability in mind for their stores as well as provide reasonable accommodation. For websites and mobile applications, they must follow WCAG 2.0 guidelines (specific guidelines will be provided in the accessibility checklists according to the type of disability).

Canada is among the most strict when it comes to accessibility laws with 4 different acts signed into law both federally and at the provincial level.

The Accessible Canada Act (ACA) signed on July 11th, 2019 identifies, removes, and prevents barriers to people with disabilities within federal jurisdictions. Companies that must comply are private or non-profit organizations with more than 50 employees and all public sector organizations. A summary of the law can be found here.

The Accessibility for Ontarians with Disabilities (AODA) also requires that all organizations to comply to 5 standards: Customer Service, Information and Communication, Employment, Transportation, and Design of Public Spaces. It also requires a company to provide training to staff and volunteers; develop an accessibility policy; create a multi-year accessibility plan AND update it every 5 years; and to consider accessibility in procurement and when designing or purchasing self-service kiosks.

Similarly, the Accessibility for Manitobans Act (AMA) and the Nova Scotia Accessibility Act require similar if not equal requirements under law for all organizations regardless of private or public designation.

Violations of these laws can be costly with the AODA specifying a fine for a violating company of up to CAD$100,000 per day and directors/officers of that company up to CAD$50,000 per day. The ACA stipulates a fine of up to CAD$200,000 per infraction while the AMA and the Nova Scotia Accessibility act stipulates up to CAD$250,000.

It should be noted that accessible communication of content, help center, and business fronts (such as store fronts, headquarters, etc) must be made accessible and the public must be informed of the accessibility features as well as the reason why they were added. In any case, website and applications must follow WCAG 2.0 Guidelines (specific guidelines will be provided in the accessibility checklists according to the type of disability) and alternate forms of policies (for example, large-text versions) must be provided.

The European Union has 2 directives for Accessibility: the European Accessibility Act (EAA) and EN 301 649.

Under the EAA, all UN member states must make online trade in goods and services accessible to consumers. Business have 5 years to comply to common accessibility requirements, but they must be implemented by June 25th, 2025. Products and services under this law include: computers and operating systems; ATMs, ticketing and check-in machines; smartphones; TV equipment related to digital television services; telephony services and related equipment; access to audio-visual media services such as television broadcast and related consumer equipment; services related to air, bus, rail and waterborne passenger transport; banking services; e-books; and e-commerce.

The EN 301 649 specifically lists requirements for websites and applications in the public sector to follow WCAG 2.0 Guidelines (specific guidelines will be provided in the accessibility checklists according to the type of disability).

While the EAA is not yet in effect, several EU member states have their own accessibility laws and noncompliance fines vary from state to state.

Germany requires reasonable accessibility requirements under the Behindertengleichstellungsgesetz (BGG) Equality for Persons with Disability Act and the Barrierefreie Informationstechnik-Verordnung (BITV) Federal Ordinance on Barrier-Free Information Technology.

Both of these laws apply only to the Confederation, its agencies, public foundations and institutions, and their subsidiaries and companies that are subordinate to, controlled by, or appointed by the Confederation to make their goods and services accessible. BITV specifically referes to the design of information and communication technology and enshrines WCAG 2.0 guidelines (specific guidelines will be provided in the accessibility checklists according to the type of disability) into law.

The United Kingdom has 2 specific laws and regulations regarding disability and accessibility: The Equality Act of 2010 and the Public Sector Bodies (Websites and Mobile Applications) (No.2) Accessibility regulations.

The Equality Act of 2010 prohibits discrimination against of goods, facilities, and services. The Act applies to consumer services (shops, facilities, leisure, hotels), health services, employers, and public services. There are 4 types of protection: direct discrimination, indirect discrimination, harassment, and victimisation.

The Public Sector Bodies Accessibility regulations require all public sector bodies to adhere to WCAG 2.0 guidelines (specific guidelines will be provided in the accessibility checklists according to the type of disability).

The UK government also specified the international “BS ISO 30071-1 standard” to improve accessibility which was signed into law in September 23, 2018.

Violations of these acts and regulations can lead to fines and legal deliberations.

While only one law specifically applied to localizers, the Japanese Internet Accessibility Law for Web Content and Information, “JIS X 8341-3″ which outlines the need for all ministries and public sector websites be accessible to both the elderly and people with disabilities, Japan has been at the forefront of pushing for accessibility.

JIS X 8341-3 calls for websites to follow WCAG guidelines implicitly: it does not enshrine or mention them specifically, but it does establish guidelines similar to WCAG. Currently, there are no penalties for non-compliance.

The Disability Discrimination Act of 1992 stipulates that it is illegal to discriminate against someone for having a disability in these areas of life:

• Employment
• Education
• Access to buildings used by the public
• Provision of goods, services and facilities
• Accommodation
• Buying land
• Activities of clubs and associations
• Sport
• Administration of Commonwealth Government laws and programs

It also requires like many of the laws on this list to provide access to barrier-free information following WCAG 2.0 Guidelines (specific guidelines will be provided in the accessibility checklists according to the type of disability). Violation of these laws can lead to litigation which result in monetary damages.

The Stanca Act passed in 2004 outlines that all Italians regardless of age or ability should have access to digital media. The document outlines 22 technical requirements along with the standard WCAG 2.0 Guidelines (specific guidelines will be provided in the accessibility checklists according to the type of disability). Article 3 of the Italian constitution also protects these rights.

The Law applies to:

1. Public administrations
2. Public services
3. Regional municipal companies
4. Public assistance and rehabilitation organizations
5. Transportation and telecommunication companies
6. Information technology contractors to public law bodies
7. Organizations that receive public funding 
8. Large companies with annual sales of more than 500 million euros.

Violating the Stanca Act can result in impositions penalties up to 5% of turnover.

Under the Rights of Persons with Disabilities Act (RPD), India requires that people with disabilities have equal access and limited barriers. It specifies that products, websites, communications, and services need to be accessible to all regardless of ability.

The first offence for non-compliance is a fine of up to ₹10,000 while any subsequent offence can require a fine of ₹50,000 rupees up to ₹5,00,000 (5 lakh rupees). Corporations found guilty of noncompliance are liable to legal proceedings and appropriate punishment as decided by the courts.

Brazilian laws L. 10.098, Ordinance 5.296, and L 13.146/2015 enshrine the protection of fundamental rights and access to information of People with disabilities. L. 10.098 provides guidelines for and ensures barrier-free access to websites based on the WCAG 2.0 guidelines though they are not explicitly listed as such.

A telecommunications law written in 2006 also required that TV channels, cinemas, and other entertainment vehicles to have Audio Description and Subtitles for the Deaf and Hard of Hearing by November 22, 2017; however, a study found that a majority were not fully accessible. Still, it is important to consider adding these to avoid any litigation.

Laws 34 and 51 as well as Royal Decree 209 enshrine the rights of peoples with disabilities into law.

Law 34 requires the accessibility of public administration websites and all websites financed with public funds and sets the standards they must follow.

Law 51 outlines equality of opportunity, non-discrimination and universal accessibility for people with disabilities.

Royal Decree 209 establishes guidelines for websites to reach WCAG 2.0 AA standards in accessibility.

Additionally, Aenor, the Spanish Standards association established UNE 139803:2012, a standard guide on web accessibility.

A recent law, Ley 13/2022, de 7 de julio -LGCA, extended accessibility requirements into audiovisual content and content providers. It require pay TV, on-demand TV and on-demand audio to provide captions, audio description and sign language translation. Failure to comply results in sanctions of various levels.

Israel’s Equal Rights for People with Disabilities Act requires equal access and opportunities to people with disabilities.

Specifically the IS 5568 stipulates that the following are subject to compliance with WCAG 2.0 AA Standars:

• public entities and every private organization that offers services to the general public
• Private contractors with an average revenue of 100,000 New Shekels (NS) or less are exempt from IS 5568.
• medium and large businesses with an average annual revenue of 300,000 NS or more. 
• Small businesses

Penalties for non-compliance include fines of up to 50,000 NS with an option of further litigation by private individuals.