Digital accessibility for businesses: what is mandatory?

Governments in the Netherlands have a legal obligation to work on the accessibility of websites and apps. But businesses, restaurants and shops also have a legal obligation to offer their online services as accessible as possible.

Equal treatment on grounds of disability or chronic illness Act

In the Netherlands, we have the wet gelijke behandeling op grond van handicap of chronische ziekte (WGBH/CZ). Since 2016, this law also applies to providers of services and goods. Shops and the hospitality industry, for example, are therefore also covered by that law. This law obliges companies to offer (online) services and products as accessible as possible.

"The WGBH/CZ Act states that accessibility is the general standard. This means that companies and organisations must offer their products and services accessible. Only if this would be disproportionately burdensome do they not have to."

Digitaccessible.co.uk

The law assumes a reasonable demand from the user or customer. If modifying the website or app is too complicated or expensive, the obligation lapses. If you can't work this out together, the Human Rights Board can pass judgment on this. We will tell you more about that later.

What if your app or website is inadequate?

The basic principle is that, as a company, you should first be given the chance to adjust the app or website. So if your website or app is not accessible, a user must first report this to you. If you as a company then refuse to make an adjustment, and the reporter does not agree, they can take further action.

The Human Rights Board

People who encounter accessibility problems can report them to the College of Human Rights. When the College deals with a report, it pronounces an opinion on it. This verdict is always made public along with the name of organisation. Although the College cannot impose fines, such a judgement does weigh heavily, especially on your company's reputation. Of course, you would rather not let it get that far.

Rabobank app: a real-life example

A well-known example in the Netherlands played out in 2017. The Human Rights Board ruled then that Rabobank was guilty of discrimination. After an update to their app, the voice-over function no longer worked, making the app unusable for visually impaired customers.

A blind customer asked the bank to make the old app available again until the problem was solved. As Rabobank refused to do so and could not give a good reason for this either, the college ruled that there was discrimination. Read the summary of the verdict

Going to court

This step is unlikely to be taken quickly in the Netherlands, but the WGBH/CZ allows citizens to take their complaint to court. The judge can then force the website owner to modify the website. A judge can also impose fines if the owner does not adjust the site (in time).

There are some well-known examples in America. For example, in 2019, Beyoncé's website was sued by a woman who is completely blind, alleging the site was inaccessible.

Benefits of an accessible website for businesses

A legal requirement obviously helps trigger change. But fortunately, it is usually not the main reason to make your website or app accessible. Here are the main benefits of an accessible website for businesses:

  • Your website is more findable: even Google considers digital accessibility important

  • You reach more people: about 25% of Dutch people experience a disability on the Internet

  • Your customers are more satisfied and spend more money: self-reliance plays an important role in this

  • You contribute to a better society: social and corporate social responsibility are good for businesses

More information on laws and regulations

Want to read more about the (inter)national laws and regulations regarding digital accessibility in business? In 2020, the Human Rights Board published the Handreiking: digital accessibility.

Want to start working on digital accessibility for your business yourself? Our advisors will be happy to help you get started, for example with improving digital processes or a quickscan of your website. That way, you know immediately where you stand.