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Disability: stricter obligations for the accessibility of administrative sites

Published on 05 February 2024
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Summary

Since January 1, 2024, public Internet sites that are not accessible to disabled people can be subject to penalties of up to 50,000 euros. In line with the objectives of the 2005 Disability Act, the aim is for the most common online procedures to be accessible by the end of 2025.

In application of the law of March 9, 2023, the order of September 6, 2023 reaffirms the obligations of the 2005 law on disability and its objectives: " 100% digital accessibility ".

Reaffirmed obligations, risking financial penalties

This requirement for public websites to be accessible is in line with the commitment made at the National Disability Conference (CNH) on April 26, 2023 to make all online administrative procedures fully accessible by 2026.

The September 2023 order includes three new features:

  • the Autorité de régulation de la communication audiovisuelle et numérique (Arcom), which now has the power to establish non-compliance, can issue a formal notice to administrative websites that do not comply with the accessibility obligation set out in the 2005 law;
  • This injunction is a prerequisite for increased financial penalties (up to 50,000 euros) for public websites;
  • if a sanctioned breach persists more than six months after the initial sanction, a new sanction may be imposed (previously one year);
  • In addition, a number of additional obligations remain unchanged for the administration, failure to comply with which is punishable by a fine of 25,000 euros (information on site compliance on the home page, reporting of breaches by users, etc.).

    • Références :

Accessibility target not met

The interministerial digital department has developed a website to track the progress and quality of the dematerialization of 250 of the State's flagship procedures. It provides precise data on the range of dematerialized services offered to users, and presents concrete quality indicators updated every 3 months. Among these indicators is compliance with the General Accessibility Improvement Reference Framework (RGAA).

In July 2023, among the 248 administrative procedures most frequently used by the French :

  • 125 partially meet this objective (between 50 and 99% RGAA compliance), compared with 11% in 2020. Among them: birth declarations, housing applications for university halls of residence, etc;
  • Six procedures are fully accessible to disabled people: legal aid applications, referrals to the Défenseure des Droits ;
  • 78 standard procedures remain totally inaccessible: student grant applications, European health insurance cards...

    • Références :

How is a service's level of digital accessibility assessed?

In order for compliance with the Référentiel général d'amélioration de l'accessibilité (RGAA) to be taken into account, an accessibility declaration must be published and accessible from every page of the service. To be admissible, this declaration must meet a certain number of criteria:

  • Indicate whether the level of accessibility is fully compliant, partially compliant or non-compliant;
  • Offer a means of contact accessible to people with disabilities;
  • Rely on a representative sample ;
  • Display the overall compliance rate ;
  • Not expired (last audit less than 3 years ago).

Compliance with the RGAA is determined following an audit by an accessibility expert, with four levels of assessment:

  • The service is 100% RGAA compliant;
  • Between 50% and 99% compliance with RGAA ;
  • Less than 50% compliance with the RGAA, or no declaration of accessibility, or a declaration that does not meet the above criteria;
  • Coming soon: We have not yet assessed the extent to which disability is taken into account.

    • Référence :

100% accessibility to essential procedures by 2025

At the Interministerial Committee on Disability in September 2023, the Government pledged that all essential online procedures would be accessible to people with disabilities by 2025, and that all mobile sites and applications would be accessible by the end of the five-year period.

Référence :

Sources

Linked articles

    Disability: the government's action plan for digital accessibility

    At the end of the first interministerial committee on disability (CIH) of the five-year term, held on September 20, the government announced several measures for the inclusion of people with disabilities and to facilitate access to rights as well as to digital content and services.Among its 5-year objectives, the government has announced several measures in the field of digital accessibility. Create a community linking the digital accessibility and web quality referents of the administrations to monitor and lead the accessibility plans of the administration's online services, and make digital accessibility and web quality a priority in training plans. Promote innovative digital accessibility solutions, especially those developed by startups and/or tested by administrations, allowing "easier access to one's rights". Publish the decrees to implement the law for a digital Republic and to transpose into French law the European directive on the accessibility of websites and mobile applications of public sector organizations. Guarantee the accessibility of the 10 most used public websites (caf.fr, pole-emploi.fr, impots.gouv.fr, service-public.fr, information applications on transport or accessible places...) and make cities aware of the universal accessibility of their information sites. The dematerialization of electoral propaganda, which is included in the roadmap of the Ministry of the Interior, will make it more accessible since this development will be accompanied by an obligation to make the candidates' credentials compatible with screen-reading software.

    • Inclusion

    Published on 03/10/17

    Digital accessibility: new obligations for sites belonging to a public body

    In accordance with the European directive on the accessibility of websites and mobile applications of public sector bodies, the obligation for sites belonging to a public body to be accessible to people with disabilities came into force on September 23.This directive, which was published and came into force on December 22, 2016, was transcribed into French law with Article 80 of the Law for the Freedom to Choose One's Professional Future.This article 80 thus modifies article 47 of the law "handicap" of February 11, 2005 which already provided that the Internet sites, intranet, extranet and applications of the public services had to be made accessible to the people presenting any type of handicap: those not or badly sighted, who cannot use a mouse, dyslexic...In accordance with the law for a digital Republic, the obligation of accessibility will also apply "to all public service delegates and to companies whose turnover exceeds a certain threshold defined by decree in the Council of State (currently being published).While the law for a digital Republic provided for a fine of 5,000 euros for non-accessible sites, the Law on the Freedom to choose one's professional future raisesthe fine to 25,000 euros. A guide to make information accessible to people in difficulty Santé publique France (SPF) published in May 2018, with the support of the Caisse nationale de solidarité pour l'autonomie (CNSA), a 100-page document entitled "Communicating for All - A Guide to Accessible Information.""This approach was initially intended to be specific to people with disabilities. In practice, it is proving interesting for a wider audience, and highlights the fact that what is essential for some more vulnerable users is useful for all, whatever their specificities and literacy skills.The approach of universal design and accessibility has thus been established: it is no longer a question of increasing the number of materials for each population with particular difficulties, but rather of seeking from the outset to better communicate for all. This approach is underpinned by strong values of inclusion, participation and social justice.In practice, the guide is intended for any person or organization - such as local authorities and their institutions - wishing to communicate clear and readable information to the greatest number.The third chapter deals with the design of websites and digital media. It offers a very pedagogical synthesis, from navigation to slideshows, through the design of a web page, images, multimedia content, digital files, forms and questionnaires, and accessibility tests. Outline of the chapter "Designing Websites and Digital Media" of the Guide to Accessible Information) Navigation The site's tree structure The navigation menus The search function Hypertext links The adaptability of the site Designing and writing a web page The structure of the web page The structure and content of the information Visual aspects The update The transmitter of the site The images Multimedia contentDigital files Forms and questionnaires Attention to the user The presentation of the form The content and structure of the form Accessibility tests, user protection and Captcha Tests on the accessibility of the site Protection of Internet users The Captchas The slideshows The presentation of the slide show The organization of the slide show The content of the slide show During the slide show presentation Communicating for All A Guide to Accessible Information

    • Inclusion

    Published on 27/09/18

    A new general reference framework for improving accessibility

    Digital public services and some private services must be equally accessible to all citizens, whether or not they have a disability (visual, hearing, motor, dysfunctional, etc.). An accessible digital service is easier to use for people with disabilities and of better quality for everyone.To facilitate the implementation of digital accessibility, the DINSIC has published since 2009 the General Accessibility Improvement Reference Framework (GAAR), created to implement Article 47 of the 2005 Disability Act and its application decree updated in 2019.It is regularly updated to keep up with the evolution of the Web and changes in standards and regulations.Version 4 of the RGAA was jointly approved by the minister in charge of people with disabilities and the minister in charge of digital on 20 September 2019. It is structured in 2 parts: The first one presents the obligations to be respected: it is addressed to lawyers, managers and all web and accessibility professionals. The second one contains a list of criteria to check the conformity of a web page: it is addressed to RGAA auditors. This standard applies to the State, local authorities and public institutions.

    • Inclusion

    Published on 26/09/19

Disability: stricter obligations for the accessibility of administrative sites

Since January 1, 2024, public Internet sites that are not accessible to disabled people can be subject to penalties of up to 50,000 euros. In line with the objectives of the 2005 Disability Act, the aim is for the most common online procedures to be accessible by the end of 2025.

In application of the law of March 9, 2023, the order of September 6, 2023 reaffirms the obligations of the 2005 law on disability and its objectives: " 100% digital accessibility ".

Reaffirmed obligations, risking financial penalties

This requirement for public websites to be accessible is in line with the commitment made at the National Disability Conference (CNH) on April 26, 2023 to make all online administrative procedures fully accessible by 2026.

The September 2023 order includes three new features:

  • the Autorité de régulation de la communication audiovisuelle et numérique (Arcom), which now has the power to establish non-compliance, can issue a formal notice to administrative websites that do not comply with the accessibility obligation set out in the 2005 law;
  • This injunction is a prerequisite for increased financial penalties (up to 50,000 euros) for public websites;
  • if a sanctioned breach persists more than six months after the initial sanction, a new sanction may be imposed (previously one year);
  • In addition, a number of additional obligations remain unchanged for the administration, failure to comply with which is punishable by a fine of 25,000 euros (information on site compliance on the home page, reporting of breaches by users, etc.).

    • Références :

Accessibility target not met

The interministerial digital department has developed a website to track the progress and quality of the dematerialization of 250 of the State's flagship procedures. It provides precise data on the range of dematerialized services offered to users, and presents concrete quality indicators updated every 3 months. Among these indicators is compliance with the General Accessibility Improvement Reference Framework (RGAA).

In July 2023, among the 248 administrative procedures most frequently used by the French :

  • 125 partially meet this objective (between 50 and 99% RGAA compliance), compared with 11% in 2020. Among them: birth declarations, housing applications for university halls of residence, etc;
  • Six procedures are fully accessible to disabled people: legal aid applications, referrals to the Défenseure des Droits ;
  • 78 standard procedures remain totally inaccessible: student grant applications, European health insurance cards...

    • Références :

How is a service's level of digital accessibility assessed?

In order for compliance with the Référentiel général d'amélioration de l'accessibilité (RGAA) to be taken into account, an accessibility declaration must be published and accessible from every page of the service. To be admissible, this declaration must meet a certain number of criteria:

  • Indicate whether the level of accessibility is fully compliant, partially compliant or non-compliant;
  • Offer a means of contact accessible to people with disabilities;
  • Rely on a representative sample ;
  • Display the overall compliance rate ;
  • Not expired (last audit less than 3 years ago).

Compliance with the RGAA is determined following an audit by an accessibility expert, with four levels of assessment:

  • The service is 100% RGAA compliant;
  • Between 50% and 99% compliance with RGAA ;
  • Less than 50% compliance with the RGAA, or no declaration of accessibility, or a declaration that does not meet the above criteria;
  • Coming soon: We have not yet assessed the extent to which disability is taken into account.

    • Référence :

100% accessibility to essential procedures by 2025

At the Interministerial Committee on Disability in September 2023, the Government pledged that all essential online procedures would be accessible to people with disabilities by 2025, and that all mobile sites and applications would be accessible by the end of the five-year period.

Référence :

Sources

Labo Société Numérique

Labo République Française Agence nationale de cohésion des territoires
Disability: stricter obligations for the accessibility of administrative sites