Paulin is a Java developer at Scott Logic. When she's not programming, she can be found doing cryptic crosswords and climbing small rocks.
" diff --git a/_posts/2024-05-28-a-software-developers-perspective-on-the-european-accessibility-act.html b/_posts/2024-05-28-a-software-developers-perspective-on-the-european-accessibility-act.html new file mode 100644 index 0000000000..b47e53aec8 --- /dev/null +++ b/_posts/2024-05-28-a-software-developers-perspective-on-the-european-accessibility-act.html @@ -0,0 +1,422 @@ +--- +title: A Software Developer's Perspective on the European Accessibility Act +date: 2024-05-28 09:00:00 Z +categories: + - Tech +tags: + - accessibility + - law +summary: A developer takes a dive into the lands of legislation. What is the EAA and what does it mean for me and my company? +author: pmarsh +--- + ++ Within Scott Logic is the accessibility and ethical software working group, a + modest team eager to explore the nuanced and crucial but often overlooked + domain of software accessibility. Some time ago we caught wind of the European + Accessibility Act (EAA), a new set of rules which will be enforced from June + 2025. We quickly realised it was a rather compelling reason to get more folk + in the company interested and clued-up on accessibility. But what exactly does + the act cover, what does it mean for software companies and for Scott Logic + which builds software for other companies? What things must be done before the + looming 2025 deadline? +
+ ++ Eager to gain a fuller understanding of the act I took a dive into the web, + taking care to dodge bias from accessibility product marketing teams, scouring + various articles and having a go at interpreting dense legal text. What + follows is my best summary of what I've found! +
+ ++ Note: I am just a humble developer, and have had no legal training. This + article is not legal advice. I may well even get some things wrong. +
+ ++ My research was conducted in the interest of Scott Logic, and is therefore + concerned with services rather than products (usually physical goods). If + you are interested in how the act affects products, I suggest you take a + look at a different article. If you are interested in services, then read + on… +
+ ++ The EAA defines a set of accessibility requirements for + specified products and services put on the EU market from + 2025. +
++ we will get into those requirements and specified products and services + later, but they pretty much boil down to WCAG. Note that even if a + company does not operate in the EU, they must still comply in order to + sell to the EU. +
++ Specified products and services must + provide accessibility information. +
++ This amounts to having an accessibility statement or section in the + terms and conditions. Companies must know how their product/service is + meeting requirements, or where they are falling down (if it would cost + too much to fix - see scope). +
++ Companies must conduct audits to ensure continued + compliance. +
++ Products/services must remain accessible as they change over time. + Crucially, it makes it impossible for accessibility to be overlooked, + since you must prove at regular intervals how accessible you are. + Accountability is a powerful thing! +
++ The thing about the requirements [1 - annex I] is that some of it + is up to interpretation. For example: +
+ ++ “[make] websites, including the related online applications, and mobile + device-based services, including mobile applications, accessible in a + consistent and adequate way by making them perceivable, operable, + understandable and robust” ++[1 - Annex I, section 3(c)] + +
+ This is written to be broadly applicable. So how am I, as a developer, meant + to apply my technical knowledge to adhere to that? +
+ ++ Luckily for us, the act comes with a harmonised technical standard. A + technical standard is a much more focussed, technology based, + low-level set of rules to follow. WCAG, which I hope you have heard of, is + also such a standard. Harmonised means that following the standard + guarantees your service to be in line with the act. +
+ ++ The particular standard that comes with the EAA is given the catchy name: + EN 301 549 version 4.1.1 [2]. Complying with this + standard guarantees that you are complying with the act. So, what's included + in EN 301 549 version 4.1.1? Well… We don't know. They are aiming to publish + it in 2025, which is unfortunate given that the act is to be enforced from + June 2025! However, looking at previous versions of EN 301 549, we can + anticipate that it will look extremely similar to WCAG (2.2 AA) and WCAG2ICT + which extends those rules for the web to apply more broadly to include non-web + applications [3]. +
+ +The act defines a list of services that it covers:
+ ++ Is that all? Yes - indeed the scope is not comprehensive, but it covers many + of the crucial services that people need. +
+ ++ When it comes to products, we cover general purpose computer hardware like + computers, smartphones and their operating systems, as well as e-readers and + many self-service terminals, like ATMs and ticket machines. +
+ +Internal technologies not on the market.
++ The EAA does not apply to software that is only used by employees within a + company. There are already other EU [Directive - 2000/78] and + UK [Equality act 2010] laws which cover equal access to the + workplace, which is why this directive does not duplicate those laws. +
++ + Products and services which would require a “fundamental alteration” in + order to meet the requirements + [1 - article 14]. +
++ I couldn't find any specific criteria for what qualifies as a “fundamental + alteration". However companies will have to write a convincing case for + this exemption and then it is up to the authorities to decide if they + qualify. +
++ + Products and services where it would impose a disproportionate burden + (financially) to make them accessible[1 - article 14]. +
++ If the changes needed to comply with the act (taking into account changes + to the product, training etc) will cost too much compared with the cost of + providing the service then that product / service is exempt. +
+Microenterprises [1 - article 4].
++ Meaning enterprises with fewer than 10 employees and an annual turnover or + balance sheet not exceeding €2 million. However these make up over 90% of + the EU's non-financial business sector, contributing to a third of the + value. +
++ Healthcare and housing services, household products, tourism. +
++ Are a few of the essential services not in the specified list that all + people should have equal access to. +
++ First off, the act is an EU directive, which means that it is up to individual + member states to come up with and enforce laws. The act provides standards + that companies selling to these companies must meet, but individual companies + may choose to impose even stricter laws than the act sets out. +
+ ++ Furthermore the individual states can choose how punishment is dealt to those + not following the laws they've put into place. The act only asserts that + penalties for non-compliance must be “effective, proportionate and dissuasive” + [1 - article 30. 2.]. +
+ ++ So in effect the consequences of not complying depend on which country your + business sells to. +
+ +So to answer the questions I set out at the start:
+ +What does the act cover?
++ In essence, the public sector services named the scope must conform to + WCAG 2.2 AA (or a standard which will look very similar), provide + accessibility information about the service and conduct audits to ensure + compliance over time. +
+What does it mean for software companies?
++ If you come under the scope, then you'd better carefully check whether + your service is accessible! Study up on WCAG 2.2 AA, or speak to an + accessibility specialist. If you haven't planned ahead for accessibility, + retroactively adding accessibility features can often take a long time, so + start sooner rather than later! +
++ Developers will need to have a higher base level of accessibility skills + to be able to maintain software while staying accessible. Companies + creating a new service should consider accessibility from the start and at + all stages from design to deployment. From personal experience, it is much + easier to build it in from the start than to fix things later. +
+What does it mean for Scott Logic?
++ At Scott Logic the requirements we need to adhere to depend on our client. + For public service organisations, of course Scott Logic builds accessible + software. For internal systems we build for businesses, we always strive + to make them as user friendly as possible. Internally, we will continue to + increase skills and awareness amongst our consultants so that we are ready + to build software that is as accessible as possible. +
++ I went into this research with the naive expectation that would fix all the + accessibility problems with the internet in one fell swoop. It's no wonder + that my first feeling when I concluded the research was disappointment. While + it seems there will be a large impact for products, not all crucial services + will be required to be accessible. I had also hoped that the directive would + have an impact for services used internally within companies by employees. + While that's not the case, I'm hopeful that the increased awareness of + accessibility within the tech community will have positive knock-on effects on + those areas as well. +
+ ++ A few colleagues also pointed out the loopholes that companies might use to + evade the costs implementing accessibility. They pointed out that certain + member states could be less diligent in tracking and enforcing compliance with + the law. A cunning company could take a gamble and sell their service in one + of these more lax states, avoiding stricter enforcement while still reaping + the benefits of the EU free market. They also noted that many companies will + probably make the case for the disproportionate burden exemption and it is + still unclear how lenient or strict these will be applied is yet to be seen. +
+ ++ My outlook brightened when a more optimistic colleague pointed out that + actually this is the first EU accessibility directive to apply standards to + public sector technologies. We've effectively gone from zero to this which is + a great step in the right direction, and all progress comes one step at a + time. +
+ ++ "when it comes to accessibility right now, the bar is on the floor. The EAA + just picks it up." ++ +
+ She also reasoned that legislation will influence culture around + accessibility. Now that the law is enforcing a certain standard of + accessibility, overall knowledge and awareness will increase, companies (even + those not directly affected by the act) will brag about how accessible they + are, and individuals will feel empowered to complain and take action when they + encounter inaccessible services. +
+ ++ Historically accessibility has been viewed as an afterthought, and often a + burden. The EAA marks a shift where accessibility is a necessity and sets a + new expectation from consumers for companies providing any service. Let's hope + we keep taking steps toward an accessible web for all! +
+ ++ Here are the sources I referenced in the article, including the official text + of the EAA. +
+ ++ I encourage you to read information from other sources too. Other posts online + will provide a different perspective! These ones I found particularly + informative: +
+ ++ EDF: Toolkit for transposition + - Written by the European Disability Forum, this document provides + guidance to member states writing laws to implement the act. It explains + much of the act in detail but in language that is easier to understand. It + also specifies areas where the act could be helping disabled people more. +
++ TPGi talk: What is the European Accessibility Act (EAA)? Countdown to + EAA 2025 (YouTube, 1hr) + - This is a balanced and detailed summary of the act given by a member of + the W3C guidelines working group. +
++ Craig Abbot Blog + + - A personal blog written by an accessibility specialist. Gives an + optimistic view of the act and lots of reasons why businesses should get a + move on and become more accessible +
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