Act on Digital Accessibility. A Commentary

In May 2021, a commentary to the Act on Digital Accessibility was published, written by people associated with the Foundation as part of a research grant from the National Science Center.

The Act of 4 April 2019 - on digital accessibility of websites and mobile applications of public entities (Journal of Laws of 2019, item 848) is the implementation of the Directive of the European Parliament and of the Council (EU) 2016/2102 of October 26, 2016. on the accessibility of websites and mobile applications of public sector bodies (Official Journal of the EU L of 2016 No. 327, p. 1), which aims to approximate the laws, regulations and administrative provisions of the Member States regarding the accessibility requirements for websites of public sector bodies and their mobile applications, making websites and mobile applications more accessible to users, especially people with disabilities.

Digital accessibility of websites and mobile applications consists in ensuring their functionality, compatibility, visibility and comprehensibility, which directly refers to the basic four principles of the technical standard Web Content Accessibility Guidelines (WCAG). Research shows that only about 50% of public entities' websites meet these requirements.

The purpose of the commentary is to present the statutory provisions and broaden the knowledge of readers related to the functioning of the Internet and websites of public sector bodies, as well as to clarify the legal conditions of the services provided through them.

The publication discusses issues related to:

digital accessibility,
obligations of public entities related to digital accessibility,
alternative ways of accessing an element of the website or mobile application in the event that it is not possible to ensure its digital availability,
financial penalties for persistent failure to comply with the obligations.