Monitor Prawniczy

no. 20/2016

The duty to make the contents of websites accessible by people with impaired vision

Przemysław Polański
Autor jest radcą prawnym i informatykiem, dyrektorem rozwoju SIP Legalis w Wydawnictwie C.H.Beck oraz profesorem nadzwyczajnym w Akademii Leona Koźmińskiego w Warszawie. Doradca Komisji Europejskiej oraz ekspert POPC.
Abstract

The article concerns a little known problem of the duty to make websites accessible by people with disabilities. Although the subject seems quite remote from everyday problems faced by lawyers, it is worth being aware of the fact that in the developed countries legal disputes are repeatedly carried out with institutions or companies which fail to provide disabled persons, including those with impaired vision, with an opportunity to get acquainted with their service. In Poland, this issue may start paying a practical role in connection with the controls of proper spending of EU funds earmarked for the development of ICT systems, in particular under such programmes as “Digital Poland”. One of the requirements for the implementation of ICT projects financed with EU funds is that the project should conform to the WCAG 2.0 rules, which in fact constitute a standard in this area.

The article explores the international regulations relating to the duty to make contents accessible by people with disabilities. Further on, it analyses Polish legislations in this respect and discusses basic guidelines concerning website content accessibility (WCAG) the laws applicable in Poland refer to. Finally, the article notes the work on the draft EU directive concerning those issues, which will be most likely adopted by the end of this year.