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We have already written about the mandatory legal requirement for every business operating or providing services in the European Union to adhere to inclusivity and digital accessibility. The European Accessibility Act (ЕАА) was adopted in April 2019, and by June 2022, each EU member state was to develop its specific laws. Let's look closer today at Germany and their case of implementing the inclusivity requirements.
This country has taken a proactive position in ensuring inclusivity for its citizens. Today, several German-specific laws regulate digital accessibility. These include: the Disability Equality Act (BGG), the Barrier-Free Information Technology Ordinance (BITV 2.0), and the Accessibility Enhancement Act (BFSG).
BFSG (Barrierefreiheitsstärkungsgesetz) implements the aforementioned EAA and will take effect in June 2025. This will extend digital accessibility requirements to the private sector: private manufacturers, traders, importers, and service providers. This Accessibility Enhancement Act also essentially mandates the implementation of the BGG and BITV to ensure full accessibility and imposes fines for non-compliance.
BGG (Behindertengleichstellungsgesetz) was passed in 2002 to ensure equal access for all people with disabilities. This law can be compared to the US Americans with Disabilities Act (ADA). However, unlike the ADA, the BGG has been amended to incorporate the EU Web Accessibility Directive (WAD). This requires digital accessibility for public sector websites and mobile applications in the 27 EU member states.
BITV 2.0 is a technical regulation that complements the BGG and provides specific standards for the digital accessibility in the public sector in Germany. This means that if you plan to work for a public organization in Germany or sell something in the German public and private sector, compliance with BITV is crucial.
Let's figure out what this entails.
Barrierefreie-Informationstechnik-Verordnung (BITV 2.0) – is the updated Federal Ordinance on Barrier-Free Information Technology. It is a law that serves as a technical reference that describes how to implement digital accessibility requirements for the public sector to comply with the BGG.
The BITV was adopted in 2002 on the basis of the Disability Discrimination Act. The branches that adopted it were the Federal Ministry of Labor and Social Affairs and the Federal Ministry of the Interior. According to the Ordinance, all people with disabilities will have access to information and communication technologies and will use them in a comprehensive and unrestricted manner.
BITV 1.0 was first published on July 17, 2002, and at that time the basis for it was the World Wide Web Consortium (W3C) recommendations of 1999. You might also know them as the Web Content Accessibility Guidelines (WCAG 1.0).
It was revised in 2011 and renamed version 2.0. The final changes were made in May 2019. Most importantly, BITV 2.0 no longer provides its standard but adopts the latest international standards for accessible web content, in particular the Web Content Accessibility Guidelines (WCAG 2.0).
BITV 2.0, similar to Section 508 of the Rehabilitation Act 1973 in the USA, affects all German public authorities and federal agencies at federal, state, and local levels, as well as their suppliers, contractors, and partners. Public sector bodies also include schools, hospitals, and libraries.
This obliges them to ensure that all information and services provided electronically are accessible and usable by people with disabilities.
The BITV 2.0 regulation applies to the following application areas:
Therefore, all companies that cooperate or ever intend to cooperate with German government institutions must ensure that IT applications and services, including online content, are accessible to people with disabilities.
The BITV accessibility standards originally only applied to websites of German government organizations. With the BITV 2.0 update, compliance with EN 301 549 which contains accessibility guidelines for a wide range of IT products and services, such as hardware, software, cloud computing, and Internet services is now included.
German accessibility laws, including BITV 2.0, are based on the global WCAG recommendations and therefore emphasize that all websites and applications offered by German institutions must be accessible to people with disabilities. Content should be perceivable, operable, understandable, and robust (POUR) with assistive technologies such as screen readers.
Following § 3 Barrierefreie-Informationstechnik-Verordnung – BITV 2.0:
Make sure images on your website are accompanied by accurate and meaningful alt text to make them accessible to people with visual impairments. Audio (such as background noise and video with sound) should not start automatically when a web page is opened. If necessary, it should include controls to pause or stop, controls to reduce the volume, or should stop after three seconds. Captions/subtitles should be provided in a specific language and should be synchronized with the voice content. Have audio descriptions that describe important visual information in the video.
Use clear headings, paragraph structures, and lists to make your website content easy to understand and accessible to the user. Page titles should be short and descriptive enough for screen readers to interpret for their users. Listen to your pages with a screen reader and make sure the title describes the page content adequately and concisely.
Make sure that all actions on your website can be performed using the keyboard without relying on the mouse, as not every user uses a mouse. Web pages and elements such as forms, media controls, links, etc. should be navigable using Tab, Shift+Tab, arrow keys, and Enter. The keyboard focus (frame or highlight) should be visible when navigating between elements. The order of the keyboard tabs should follow a logical reading order.
Make sure that the color contrast between the text and the background is sufficient to ensure good readability for people with visual impairments. WCAG 2.0 AA requires a contrast ratio of at least 4.5:1 for regular text and at least 3:1 for large-scale text and images of large-scale text (logos and “random” text are excluded).
Do not use elements such as Flash or pop-ups that can affect the accessibility of your website. Advertising, scrolling news feeds, videos, automatic stock tickers, etc. should be controlled by the Internet user, especially those with attention deficit disorder or visual processing disorders. Bright, large content that flashes rapidly can trigger seizures in people with photosensitive epilepsy. Make sure that animations are subtle and that content does not flash or blink more than three times per second. Provide a mechanism for users to control the time limit or movement of moving, flashing, or scrolling information that starts automatically and lasts longer than five seconds.
Use plain and simple language to make your content accessible to a wide audience, including people with cognitive disabilities. Review the BITV 2.0 Plain Language Requirements.
Make sure all forms on your website are easy to understand and accessible, including clear error messages. Form captions should be logically arranged. Form labels should be keyboard-accessible. All required/mandatory form fields should be clearly labeled. Indicators such as asterisks (*) cannot be visually conveyed using color alone to be accessible to people with color blindness. Similarly, any instructions for completing the form should be noted, and required formats such as dates (year-month-date in the format 0000-00-00) should be included in the marked-up label.
Provide the ability to adjust font size to improve readability for users with vision impairments.
Links on a web page should describe the link or its purpose and where the link leads. It is best to leave links underlined when a user who is not using a mouse focuses on it using the keyboard, stylus, or voice input. Your links should have a contrast ratio of 3:1 to the text that surrounds them.
Implement feedback mechanisms for users to report accessibility issues and improve your website accordingly.
A wide range of software tools are now available on the Internet that help with BITV testing for self-assessment of the accessibility of websites or mobile applications. These automated testing and monitoring tools can indicate a certain range of digital accessibility problems.
But no one will independently conduct such a comprehensive and reasoned accessibility audit as experts can!
SmithySoft can assist you with this at any stage! Moreover, we will help not only with conducting a detailed accessibility analysis but also offer effective solutions to improve your site or application and its compliance with current legislation.
Thank you for your interest!
we will contact you ASAP