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Digital accessibility is a big topic, and the requirements that affect digital accessibility for product companies can come from many sources.
Some jurisdictions have specific accessibility laws relating to consumer products – this includes the European Union’s European Accessibility Act (Directive (EU) 2019/882). European accessibility legislation includes the following:
- Digital products consumer general purpose computer hardware systems (and operating systems) including desktops, notebooks, smart phones and tablets, consumer terminal devices with interactive computing capabilities, used to access electronic communications services or audiovisual media services, and e-readers; and payment terminals and certain self-service terminals such as ATMs, ticket and check-in machines, and interactive self-service information terminals;
- Digital services including electronic communication services; services providing audio-visual media services; Some components of passenger transportation services; consumer banking services; e-books and specialized software; and e-commerce services.
Companies should consider digital accessibility requirements that can be derived from:
- Laws relating to specific sectors or activities (eg those affecting the provision of public services, the military, education and health care).
There has been a shift in consumer expectations and behavioral changes based on the understanding of the ethical framework of business. Consumers are turning away from businesses that don’t uphold their espoused values, and they want those that do. In all markets, consumers are becoming increasingly aware of issues of diversity, equity and inclusion, which naturally translate into changes in consumer attitudes. As “ethical procurement” gradually gains momentum in all regions (Europe and North America being the most advanced), businesses must follow suit and adapt to the needs and wants of their consumers.
Let’s take a closer look: What’s happening in the APAC region?
Legislative efforts on digital access are mostly focused on public sector organizations. While there are clear and tangible benefits and opportunities in tapping into the market of consumers with different accessibility needs (i.e. broadening the consumer base, brushing up corporate image, etc.), greater accessibility to consumers is not the provision of digital infrastructure. Straightforward in terms of pricing and asset allocation. Currently, the private sectors in APAC are generally yet to invest heavily in strengthening access to digital platforms. Arguably, the region generally lags behind the developments we see in Europe and North America. Those private sector companies implementing digital access are aligned with their own global initiatives, ie APAC subsidiaries follow where global headquarters lead. That said, these companies are increasing accessibility early and can reap the rewards from an educated user base and a global focus on accessibility and inclusion. Bravo for the game changers.
Looking at the European Union: Progress with Digital Access
Outside of APAC, companies often focus their attention on digital accessibility, especially when legislators add minimum digital accessibility requirements for manufacturers or suppliers. This can be seen, for example, in the Web Accessibility Directive (Directive (EU) 2016/2102), which is in force since 22 December 2016 and aims to make websites and mobile applications for people with disabilities better accessible to public services. Introducing the European Accessibility Act, which must be passed by EU member states on 28 June 2022.
A snapshot from the US on digital access
Increasingly, digital access to digital products and services, especially in the wake of the Covid-19 pandemic, is the focus of the Federal Communications Commission. In the year In early 2022, the FCC announced a new record on accessibility rules for video programming. Specifically, the FCC has indicated that it intends to amend or adopt new legislation to amend the Twenty-First Century Communications and Video Access Act (CVAA). This was confirmed most recently by the FCC seeking public comments on two aspects of the CVAA.
- seeking public comment on the definition of “interactive” in the context of “enterprise video conferencing services” that the CVA seeks to make accessible; And
- Seeking Comment on Interim Findings The FCC compiled from comments submitted by public/private interest groups on access to telecommunications/communications services provided in the CVAA.
As we move into 2023, we expect additional CVAA amendments later this year, with FCC public consultations and new legislation related to digital access likely to emerge later this year.
What three things should companies focus on in terms of “digital accessibility” needs in the coming years?
- Consider implementing universal design principles – The concept of universal design shows that everything should be designed to be accessible not only to people with different disabilities, but also to a wide range of people in general. Businesses are encouraged to create websites and other digital platforms that adhere to this principle. For example, allowing consumers to turn on the flicker-free feature on a website to turn off flashes and reduce screen colors. Web Content Accessibility Guidelines published by the World Wide Web Consortium1 And guidelines issued in various jurisdictions serve as references.
- Use local resources – Although compliance with certain digital accessibility standards for private businesses is not generally a legal requirement in certain jurisdictions, government bodies often try to disseminate best practice guidelines, seminars and audit services to support and encourage the private sector to use digital accessibility. Practices: And this happened in the APAC region. For example, the Office of the Government Information Officer in Hong Kong offers free technical workshops to help businesses adopt best practices for accessing digital platforms and sets up an accreditation program to recognize organizations that have successfully done so.
- Think from your users’ point of view – Too often, the key ingredient to a successful business strategy is adapting to consumer needs. Businesses are encouraged to consider the perspective of consumers with disabilities when building their digital infrastructure. Consider consumer needs, leverage new innovations and technologies, and ultimately drive your business ethically.
How can Hogan Lovells help?
Hogan Lovells is ideally placed to help companies think Digital access. Hogan Lovells has a long history of advising leading actors in the digital economy on a range of issues, from monitoring legislative processes to lobbying (including on digital access). We have an impressive knowledge of the complexities of various requirements to enable us to provide solution-oriented advice to our clients. We lead by helping bring new products to market – and digital accessibility has become front and center for many of our clients.
This is an article. Section 1 A series of articles examining the development issues and legal challenges companies must consider when developing and launching a new technology product or service. We take a detailed look at the main issues that affect companies bringing new products and services to market and the specific factors that need to be considered before the product is launched, such as accessibility, product liability, privacy and data protection, product security, supply chain, antitrust and intellectual property registration.
References
1 https://www.w3.org/WAI/standards-guidelines/wcag/
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