Ensuring digital accessibility is a legal requirement in the UK, with laws in place to make online content usable for everyone, including people with disabilities.
Digital accessibility initiatives are evolving across Europe, especially due to the European Accessibility Act (EAA). While the EAA mandates comprehensive digital accessibility requirements across the EU, the United Kingdom now operates under its own regulatory framework. This shift has led to questions about UK-specific obligations: What standards must organizations follow to make digital content accessible? This article explores current digital accessibility requirements, compliance expectations, and the implications for UK businesses and organizations.
Digital Accessibility Legal Requirements for the UK
Although the UK no longer adheres to EU mandates, it enforces its own set of accessibility requirements through The Equality Act 2010 and The Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018. These regulations ensure that digital content—especially in the public sector—is accessible to individuals with disabilities, providing essential protections and obligations for UK-based organizations.
In addition, WCAG 2.1 Level AA is the widely accepted standard for ensuring accessibility in digital content. This standard also extends to digital documents, which must be accessible to comply fully. For PDF documents, PDF/UA (PDF Universal Accessibility) is the recognized standard for accessibility. Adhering to PDF/UA allows organizations to meet WCAG requirements and ensure that digital documents, including PDFs, are readable by assistive technologies.
However, businesses that provide digital products or services within EU member states must still comply with the European Accessibility Act (EAA). This Act, set to take full effect by June 2025, mandates compliance with the harmonized European Standard EN 301 549. This standard incorporates WCAG 2.1 Level AA for web content where applicable and includes additional requirements across a wide range of digital and physical platforms in the EU (EAA – What Businesses Need to Know and Do).
The EAA primarily applies to companies, whether within or outside the EU, that target the EU market with digital goods or services. This means UK businesses providing digital products or services specifically to EU consumers may need to align with EAA accessibility requirements. However, the EAA’s enforcement focuses on services that directly target EU users, and UK organizations with EU customers should assess their specific obligations to ensure compliance.
Key UK Accessibility Regulations
The Equality Act 2010
The Equality Act 2010 forms the basis of anti-discrimination law in the UK, prohibiting discrimination against people with disabilities across many areas, including digital accessibility. Under this act:
- Websites, apps, and digital services must be accessible to everyone.
- Organizations must make “reasonable adjustments” to ensure digital content is usable by people with disabilities.
- Failure to provide accessibility can be considered discrimination, potentially leading to legal claims and penalties.
Many private and public sector organizations comply with WCAG 2.1 Level AA to meet these legal requirements. While there is a provision for exemptions in cases where compliance would impose a “disproportionate burden,” this exception is tightly regulated.
The Public Sector Bodies Accessibility Regulations 2018 (PSBAR)
PSBAR applies to public sector organizations, including schools, councils, healthcare providers, and universities. Similar to the EAA, this law requires that:
- Public sector websites and mobile applications meet WCAG 2.1 Level AA standards.
- Organizations publish and maintain an accessibility statement on their websites, detailing the level of accessibility and methods for reporting inaccessible content.
PSBAR mandates accessible digital content in the public sector, setting a standard increasingly adopted by private companies. This scope includes mobile apps, which were required to meet accessibility standards as of 2021.
Penalties for Non-Compliance with Accessibility Standards
No Automatic Fines but Legal Risks Remain
The UK does not impose automatic fines solely for failing to meet digital accessibility standards. However, under the Equality Act 2010, organizations may still face legal consequences. This act prohibits discrimination based on disability, which includes barriers in digital content accessibility.
Potential for Discrimination Claims
Individuals with disabilities can file discrimination claims if they encounter accessibility barriers on websites, mobile applications, or other digital services. The Equality and Human Rights Commission (EHRC) has the authority to investigate and enforce compliance, especially in the public sector. Private organizations may also be subject to legal action, settlements, or mandated accessibility improvements due to non-compliance.
Reputational Impact and Public Scrutiny
Beyond legal risks, non-compliance can lead to reputational challenges. Sectors like education, healthcare, and finance are under increasing public scrutiny as awareness of digital accessibility grows. Organizations that fail to meet standards may face public and media pressure, prompting them to address accessibility gaps to avoid reputational damage.
Exemptions for “Disproportionate Burden”
While UK law allows for exemptions where accessibility would impose a “disproportionate burden,” this is a carefully regulated exception that may not apply to most organizations. To avoid legal and reputational risks, taking proactive steps to ensure digital accessibility remains the best approach.
Noteworthy Accessibility Cases in the UK
Several high-profile cases in the UK underscore the growing importance of digital accessibility compliance. These cases highlight the legal risks companies face when their websites and digital services do not meet accessibility standards.
Royal National Institute of Blind People (RNIB) vs. Large UK Companies
The Royal National Institute of Blind People (RNIB) has been a central player in advocating for digital accessibility in the UK. While many cases brought by the RNIB have settled out of court, they serve as critical examples.
For instance, the RNIB pursued legal action against the airline BMI, filed in 2012. The RNIB argued that BMI’s website was inaccessible to visually impaired users, violating the Equality Act by failing to make reasonable adjustments for people with disabilities. This lawsuit underscored the importance of accessible digital platforms and set a precedent for companies to prioritize accessibility in their digital services.
Though this case was settled privately, the company agreed to overhaul its digital platforms, illustrating the serious reputational and financial risks of non-compliance.
University Accessibility Challenges
Educational institutions have also faced scrutiny for digital accessibility failures. A notable case involved a visually impaired student who could not access essential course materials on their university’s digital platform. The university faced a compliance overhaul, publicly committing to meet accessibility standards after a review. This case serves as a reminder that educational institutions must ensure their content is accessible to all students, especially as digital learning grows.
Other Legal Actions and Settlements
UK private-sector companies continue to encounter legal challenges around digital accessibility, with the Equality Act 2010 requiring “reasonable adjustments” to ensure online content is accessible to disabled individuals. Failure to comply can lead to discrimination claims, and several organizations have faced legal action from individuals who encountered accessibility barriers on their digital platforms. These cases often result in settlements where companies commit to improving their websites to align with WCAG 2.1 Level AA standards.
The RNIB and other advocacy groups actively monitor compliance and advocate for improvements across sectors. In 2023, for instance, a settlement of £3,000 was awarded to Stephen Campbell, a blind man who could not use his screen reader to access the Health and Social Care Northern Ireland (HSCNI) website when applying for a promotion. Following this case, HSCNI made updates to its recruitment policies to improve accessibility for individuals who are blind.
The RNIB and similar organizations continue to monitor compliance, and they pursue legal action or settlements with companies failing to meet accessibility standards. These cases serve as cautionary tales, emphasizing the importance of proactively addressing accessibility in digital spaces.
Practical Steps to Ensure Compliance
Given the regulatory landscape, organizations can take proactive measures to ensure digital accessibility compliance:
- Conduct Regular Accessibility Audits Regular audits help organizations identify gaps in website and app accessibility. These audits should assess compliance with WCAG 2.1 Level AA and other relevant standards to ensure content meets accessibility expectations.
- Use Automated Accessibility Testing Tools Automated tools streamline the testing process, enabling routine checks. These tools can identify issues with website navigation, image alt text, and other essential features, helping organizations maintain compliance across digital platforms.
- Engage with the Disability Community Direct feedback from individuals with disabilities offers valuable insights into usability challenges that automated tools might miss, promoting a more inclusive user experience.
- Provide Accessibility Training Ensuring that staff are trained on accessibility best practices helps avoid non-compliance. Awareness of the Equality Act and PSBAR requirements ensures that new digital content meets the necessary standards.
- Maintain and Update Accessibility Statements Accessibility statements clarify an organization’s commitment to digital accessibility. PSBAR mandates these statements for public sector bodies, but private organizations can also benefit from demonstrating transparency and accountability.
- Ensure Public Digital Documents are Accessible All digital documents shared publicly, whether directly or through customer portals, should be made accessible to comply with accessibility standards. Solutions like ADEPT UA can assist organizations in automating the conversion of high volumes of documents into PDF/UA format, ensuring large-scale accessibility and compliance.
Preparing for Future Accessibility Standards
While the UK has its own standards, staying aware of international developments is beneficial. The upcoming PDF/UA standard offers an example of a new guideline that may influence future accessibility efforts. PDF/UA aligns with WCAG principles, offering updated tagging and structural requirements for digital documents.
Embracing standards like PDF/UA can help future-proof organizations as regulations evolve. Adopting the latest standards also enhances usability, creating a better experience for all users.
Conclusion: Embracing Accessibility for Inclusive Success
Ensuring compliance with digital accessibility laws in the UK is both a legal requirement and a business advantage. As awareness and expectations around accessibility grow, so does the need for organizations to provide accessible content. Although UK law provides some exemptions for undue burden, the aim should always be to create digital environments that welcome everyone.
By prioritizing accessibility, organizations can enhance their reputation, build trust, and demonstrate commitment to inclusivity. Now is the time to refine digital accessibility strategies and align with UK standards, positioning your organization as a leader in accessibility.
Ensuring compliance with digital accessibility is a legal requirement in the UK is essential for legal protection, inclusivity, and creating an accessible digital future.
