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EU Directive 2016/2102/EU: Member States’ Responsibilities and Enforcement

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Written by: Timothy Stephen Springer

European Union Directive 2016/2102/EU, creating a set of standards for EU public sector bodies, was approved on October 26, 2016. In this post we look at what Member States need to do to ensure that public sector bodies are complying with the Directive and how the Directive can be enforced?

What are the Responsibilities of Member States?

Monitoring

Member States are responsible for periodically monitoring the compliance of websites and apps for accessibility. Since the monitoring methodology should be harmonized across the Member States for the sake of uniformity, the Commission will establish a monitoring methodology by December 22, 2018.

Member States must inform the Commission which body will monitor compliance and report this to the Commission by September 22, 2018.

Reporting

By December 22, 2021, and every three years afterwards, Member States must submit a report to the Commission that provides measurement data and other details on the monitoring. The report should include information on the use of the enforcement procedure discussed below.

The reports must be made public in an accessible format. The reports do not need to include the list of websites, apps, or entities examined.

Training Programs

Member States should also promote and facilitate training programs for digital accessibility for the staff of public sector bodies. These training programs should focus on the creation, management, and updating of accessible content for both websites and apps.

How is Compliance Enforced?

Member States need to have an effective enforcement procedure to guarantee compliance with the Directive. The Directive advises Member States to put an ombudsman in place to handle feedback and review the assessment. Member States must inform the Commission by September 22, 2018 which body is responsible for the enforcement of the Directive.

In addition, public sector bodies must adopt a feedback mechanism so that members of the public can contact the organization concerning failures to provide accessible content. The mechanism should also permit users to request content that has been excluded by the Directive. Public sector bodies should comply with any “legitimate and reasonable request” by providing accessible or alternative content “in an adequate and appropriate manner within a reasonable period of time.”

What Is Required in an Accessibility Statement?

Public sector bodies must have a “detailed, comprehensive, and clear accessibility statement” that provides compliance information. This statement must be regularly updated and provided in an accessible format.

The Commission will adopt a model accessibility statement by December 22, 2018.

Want to Learn More?

The EU Directive on Digital Accessibility

This free on-demand webinar from SSB covers the most salient points of the EU Directive, including the economic and social drivers that led to its creation, what is covered, notable exclusions, how it may affect the private sector, and the responsibilities of public sector bodies and their Member States. Read more and access the webinar resources here: The EU Directive on Digital Accessibility.

Content provided by SSB BART Group is intended for general information and education. The materials and facts presented do not constitute legal advice and should not be relied upon in the face of pending litigation. If you have specific legal questions, please contact a lawyer.

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