International outlook: GermanyA regulative approach towards
web accessibility addressing the public & commercial domains
Lutz Kubitschkeempirica
Funka Accessibility Days, Stockholm April 18-19, 2012
2
Content
1. In what way is web accessibility regulated in Germany ?
2. What impacts can be observed ?
3. Are there any lessons that could be learned ?
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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 )
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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)
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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
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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
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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)
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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
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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
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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
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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
3029
3924
1732
3116
1927
2262
1622
4733
393636
22
0 10 20 30 40 50 60 70
GRAND TOTALTOTAL EU COUNTRIES
Czech RepublicDenmark
FranceGermany
GreeceHungary
IrelandItaly
PortugalSpain
SwedenThe NetherlandsUnited Kingdom
TOTAL NON-EU COUNTRIESAustralia
CanadaNorway
United States of America
Source: MeAC II , 2011
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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
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Regulation vs. capacity building
(n=5)
(n=8)
(n=6)(n=9)
0.0
0.5
1.0
1.5
2.0
2.5
3.0
None Supports only Laws/regulations only Both
Bas
is a
cces
sib
ility
of
go
vern
men
tal w
ebsi
tes
(WC
AG
Lev
el A
au
tom
atic
ch
eckp
oin
ts o
nly
)(in
de
x sc
ore
)
Policy situation: presence of strong components(policy score)
Source: MeAC II , 2011
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Sustainability
Year
Total sites passing
automatic only and/or automatic
and manual
Number of sites which also passed in
previous year
Number of sited which newly
pass
2007 17 n/a n/a
2008 24* 13 10
2009 23 14 9
Source: WCAG 2.0 study, 2009* One site could not be tested in 2007 due to technical problem
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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’)