The Spanish legislation contemplates the need to guarantee the rights of people with disabilities since the Spanish Constitution of 1978.
In the framework of information technologies, the „Law 51/2003, of 2 December, on equal opportunities, non-discrimination and universal accessibility for people with disabilities“, now repealed, established a period of two years to approve the basic conditions of accessibility and non-discrimination for access to and use of technologies, products and services related to the information society and social media.
However, the first law in Spain to require web portals to be accessible was „Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce“, which established, in its fifth additional provision, that public administration websites had to be accessible to people with disabilities and the elderly by 31 December 2005. It did not specify, however, the level required or on the basis of which regulations websites were to be considered as accessible, so Royal Decree 1494/2007 of 12 November 2007 subsequently determined that the level of suitability was that equivalent to the WCAG 1.0. (Web Content Accessibility Guidelines).
Private Companies are Subject to Law 56/2007 on Web Accessibility
In 2007, “Law 56/2007 of 28 December 2007 on Measures to Promote the Information Society” was published, revising, updating and extending the content of the fifth additional provision of Law 34/2002, the new wording of which establishes that, in addition to public administration websites, the websites of private companies of special economic transcendence must also be accessible. Companies considered to be of „special economic transcendence“ are those that employ more than 100 workers or whose annual turnover exceeds 6,010,121.04 euros and operate in the following economic sectors:
- Electronic communications services to consumers;
- Consumer financial services, which shall include banking, credit or payment services, investment services, private insurance business, pension plans and insurance mediation activity;
- Water supply services to consumers;
- Retail gas supply services;
- Electricity supply services to final consumers;
- Travel agency services;
- Passenger transport services by road, rail, sea or air;
- Retail trade activities.
Infringements may result in Sanctions
On the other hand, the „Royal Legislative Decree 1/2013, of November 29 approving the consolidated text of the General Law on the Rights of Persons with Disabilities and their Social Inclusion“ which repeals Law 51/2003 and Law 49/2007, establishes economic sanctions of between 301 euros and 1 million euros, depending on the seriousness of the violations, which may also include the prohibition to compete for official aid, such as subsidies, for a maximum period of one or two years, depending on whether it is a serious or very serious infringement.In the case of very serious infringements, it could entail the suppression, cancellation or total or partial suspension of official aid.
Law 26/2011 Regulating the Accessibility of Social Networks
The case of social networks is worth mentioning. Law 26/2011 of 1 August 2011 on the adaptation of regulations to the International Convention on the Rights of Persons with Disabilities adds a section to the fifth additional provision of Law 34/2002 establishing the obligation that Internet pages that serve as a support or channel for online social networks, developed by entities whose annual volume of operations exceeds 6,101,121.04 euros, must be accessible as of 31 December 2012.
Digital Accessibility at Universities
The case of universities is also worth mentioning. “Law 4/2007, of 12 April, which amends Organic Law 6/2001, of 21 December, on Universities“, in its 24th additional provision, establishes that universities’ virtual spaces, as well as services, procedures and the provision of information, must be accessible to all; this provision includes, of course, university web portals. Likewise, Royal Decree 1791/2010, of 30 December, which approves the University Student Statute, includes the obligation of universities to ensure the accessibility of the tools and formats to be used, as well as establishing that the websites and electronic media of distance learning and/or universities must be accessible to people with disabilities.
As far as audiovisual media service providers are concerned, Article 6 of “Law 7/2010 of 31 March 2010 on General Audiovisual Communication” stipulates that the websites of such service providers and their electronic program guides and other channels or means of communication must be accessible to persons with disabilities.
Harmonizing Accessibility on a European Level
In December 2016, the „Directive (EU) 2016/2102 on the accessibility of websites and mobile applications of public sector bodies“ was published with the aim to harmonize at European level the accessibility requirements for websites and apps of public bodies. The scope of application of Royal Decree 1112/2018, which transposes Directive 2016/2102, is the public sector, namely, entities that receive public funding or manage public services, websites or apps linked to the provision of public services, and private educational, training and university centers, supported, in whole or in part, with public funds. The accessibility standard that such websites must comply with is that equivalent to the Web Content Accessibility Guidelines (WCAG) 2. 1. Royal Decree 1112/2018 also establishes that web portals must have an „Accessibility“ section in accordance with the model published by the European Commission in the „Commission Implementing Decision (EU) 2018/1523 of 11 October 2018, which defines the information that such a section must provide and the requirements it must meet.
Currently, Law 11/2023 is the most recent reference law on web accessibility, as detailed below.
The European Accessibility Act and its Impact on Spanish Businesses
Law 11/2023 is the most recent reference law on web accessibility in Spain. This law transposes EU Directive 2019/882, which will be fully effective on 28 June 2025. The EAA aims to ensure that everyone can access digital content without obstacles. It has a direct impact on private companies operating in key sectors such as e-commerce, telecommunications and financial services, among others.
The current European legislation and its transposition into Spanish law are governed by the Web Content Accessibility Guidelines (WCAG) 2.1 and cover specific products and services as well as the websites of essential sectors such as emergency services and public transport.
Considering that accessibility is becoming more and more relevant in Europe but also worldwide, early adoption of best practices offers significant economic and reputational advantages in terms of reducing the probability of fines and enlarging the audience of websites to include people with disabilities and the elderly.
Ensuring Compliance: Practical Accessibility Guidelines for Businesses
This article aims at raising awareness regarding organizations’ obligations with regard to web accessibility in Spain and Europe. In this line, it’s essential for you to understand the scope of your organization’s obligations regarding accessibility in accordance with European but also in accordance with Spanish Law. Social media is for example, subject to accessibility requirements in Spain which are not necessarily applicable in the rest of Europe. An accessibility audit followed by an accessibility plan will identify your organization’s compliance obligations as well as the best way to secure compliance. Contact us if you want to understand your accessibility obligations and create a roadmap that considers them as well as your interests and position in the market.