Germany's Regulatory Approach to Web Accessibility: Addressing Public & Commercial Domains

1. International outlook: GermanyA regulative approach towardsweb accessibility addressing the public & commercial domains Lutz Kubitschkeempirica Funka Accessibility Days, Stockholm April 18-19, 2012

2. Content • In what way is web accessibility regulated in Germany ? • What impacts can be observed ? • Are there any lessons that could be learned ?

3. The regulative approach

4. General equality legislation • Anti-discrimination legislation enacted in 2002 has for the first time made direct reference to accessibility of ICT in Germany (Behindertengleichstellungsgesetz – BGG) • “free of barrier are structural and other facilities, means of transport, technical basic commodities, systems of information processing,…in case they are accessible and usable for people with disabilities in “common usual way”, without particular complication and generally without help from outside.” (§ 4 BGG )

5. Regulation by means of Federal Ordinance • Two key requirements concerning web offerings (§ 11 BBG): • Federal government bodies and regional government bodies implementing federal law must ensure that their internet offerings can generally be used by people with disabilities • By means of so called ‘target agreements’, the federal government shall work towards achieving that commercial web offerings become accessible to people with disabilities • The Ministry of the Interior in agreement with the Ministry for Labour and Social Affairs stipulates implementation requirements: Barrier-free Information Technology Ordinance (BITV)

6. BITV’s requirements on public web sites • What : • Internet offerings directed towards the general public • Intranet offerings directed towards the general public • Graphical programme surfaces directed towards the public • How : • List of 14 requirements based on WCAG 1.0 • To be reviewed after three years • When : • Existing web sites by 31st December 2003 • New web sites by 31st December 2005

7. Flanking measures • Funding of projects directed towards supporting the implementation process, e.g.: • ABI: Information portal, workshops/conference, ‘reporting point’ • BIK: Voluntary compliance testing (‚BITV-Test‘) • Federal Office of ICT Security (BSI): eGov Handbook

8. Regulative ‘knock-on’ effects • BITV concerns the federal governance level only • Regional governments have adopted own equality laws, partly referring to BITV • BITV 2.0 enacted in Sept 2011: • alignment with WCAG 2.0 (by March 2012 and Sept. 2012) • Basic information in German sign language and simple language at home page: content in general, navigation, further information items available in sign/simple language (by March 2014)

9. Regulating commercial web sites – a consensus based approach • Accessibility in the commercial domain is regulated by so called ‘target agreements’. • What it is:A legally defined process (§5 BGG) aimed at arriving at contractual agreements about products/service/venue accessibility between accredited disability organisations and commercial enterprises or umbrella organisations • How it works:Accredited disability organisations have the right to demand the starting of contract negotiations with commercial enterprises or commercial umbrella organisations

10. The negotiation process • User organisations receive accreditation by Federal Ministry of Labour and Social Affaires. An advisory board can also make proposals (Mitglieder des Beirates für die Teilhabe behinderter Menschen) • Disability organisations demanding the staring of a negotiation process must indicate this by means of a central register • Successfully concluded ‘target agreements’ must be published in central register • No direct legal sanction in case of unsuccessful negotiation

11. Content of target agreement • Three obligatory core elements: • Stipulation of the parties concluding the contract as well as the ambit and the period of validity of the contract • Stipulation of minimum requirements on how services/products have to be adapted with a view tot make them accessible tot people with disabilities • Stipulation of a time plan for the implementation of the agreed minimum requirements • Potentially, agreed penalties in case of non-compliance or delayed implementation of the time plan

12. Observable impacts

13. Impacts on public web sites • Lobbying campaign „Implement BITV Now !“ lauched by disability organsiations in 2006 due to disapointing outcomes • MeAC II study revealed moderate ranking position when compared with other countries • Source: MeAC II , 2011

14. Impact on commercial web sites • No. of published target agreements (as of 31.04.12) • Announced: 1 • Under negotiation: 18 • Closed: 32 • Web related target agreements: • 09.08.2005: Accessibility of internet presence of Pfizer, Germany • 11.05.2006: Accessibility of internet presence of a regional craftsmen association (Kreishandwerkerschaft Rureifel). • Competence centre (BKB) set up by disability organisations in 2008

15. Lessons potentially to be learned

16. Regulation vs. capacity building • Source: MeAC II , 2011

17. Sustainability • *One site could not be tested in 2007 due to technical problem • Source: WCAG 2.0 study, 2009

18. Conclusions • Need for sustained effort over time (a 'culture change'), law just gives powerful starting point • Need for coherent overall strategy (many people producing content, with little coordination) • Need for ongoing supportive measures addressing lack of awareness and limited skills • Need for empowering disability organisations to negotiate target agreements on equal terms • Need for regular outcome monitoring (‘churn effect’)