Italy has long been a leader in the realm of digital accessibility, thanks to a robust legislative framework that has evolved significantly over the past two decades. With the introduction of the Stanca Law in 2004 and the upcoming European Accessibility Act (EAA) set to be enforced by 2025, Italy stands at the forefront of ensuring web accessibility for all its citizens.
The Stanca Law:
In 2004, Italy introduced its primary general accessibility law, Legge 9 gennaio 2004, n. 4, commonly known as the Stanca Law. This groundbreaking legislation marked the beginning of Italy’s commitment to digital inclusivity, focusing initially on ensuring general accessibility for all. Over the years, the Stanca Law has undergone several amendments to keep pace with evolving digital accessibility standards.
In 2018, the Stanca Law was updated to include provisions from the EU directive 2016/2102, known as the Web Accessibility Directive. This directive aimed at ensuring that public sector websites and mobile applications are accessible to everyone, including people with disabilities.
Further modifications came with the Legislative Decree n. 76/2020, later converted into Law no. 120/2020, known as the “Decreto Semplificazioni” or Simplification Decree. This update mandated improved IT tool accessibility for individuals with disabilities. It extended the Stanca Law’s obligations to private providers with an average turnover exceeding €500 million over the past three years. This expansion was particularly pertinent as the COVID-19 pandemic highlighted the need for more inclusive online services.
European Accessibility Act:
In 2022, Italy implemented the European Accessibility Act through Decreto Legislativo n.82/2022. This legislation covers websites, mobile applications, and related extranet and intranet content. The EAA applies to private entities, including those engaged in economic and commercial activities subject to VAT (tax system), commercial legal entities, and private third-sector entities conducting economic activities subject to VAT. Foreign or multinational companies offering services to Italian citizens through websites or mobile applications are also subject to this law.
Compliance deadlines:
Entities newly bound by Legislative Decree n.82/2022 are expected to initiate compliance by June 2025, the EU deadline for enforcement. However, companies or entities under the same group or holding with an average turnover exceeding €500 million over the past three years were required to comply by November 2022. This makes Italy the first country to start enforcement of the EAA.
Enforcement and penalties:
The Agency for Digital Italy (AgID) is responsible for overseeing, imposing fines, and ensuring compliance. Non-compliance can result in significant penalties, including:
- Fines up to 5% of the entity’s turnover for those under the Stanca Law.
- Fines ranging from €5,000 to €40,000 for other entities.
- Non-compliant entities may also face the nullification of contracts and suspension of activities by the Ministry of Economic Development.
Individuals who experience discrimination due to a lack of accessibility can file complaints with AgID. If AgID determines non-compliance, they will issue a notice with a deadline for rectification. Additionally, individuals are entitled to civil compensation for damages suffered due to discrimination.
Accessibility requirements:
Websites and mobile applications must meet the following criteria:
- Perceptible: Content must be available to all senses.
- Operable: Interface and navigation must be user-friendly.
- Understandable: Information and operation of the user interface must be clear.
- Robust: Content must be reliably interpreted by various user agents, including assistive technologies.
- Observe EN 301 549.
- Submit an accessibility statement.
Contracts for digital services must comply with accessibility standards, and existing contracts must be adapted to ensure accessible services. Additionally, all accessibility statements must follow the guidelines set forth by the Stanca Law.
Looking forward:
Italy’s commitment to digital accessibility is evident through its comprehensive legislative framework. The Stanca Law and the upcoming EAA ensure that the public and private sectors provide inclusive digital services. As Italy continues to lead in web accessibility, businesses must adhere to these laws to avoid significant legal and financial repercussions.
