But there are obligations none the less.
Accessibility is a legal requirement for both private and public sector organisations in the UK. Given at least one in five people in the UK have a long-term illness, impairment or disability, it is important that organisations make their products and services accessible so that every person can use them equally. A disability is defined under UK legislation as a “physical or mental impairment that has a 'substantial' and 'long-term' negative effect on your ability to do normal daily activities.” This definition has recently been interpreted to include long COVID.
While the COVID-19 pandemic accelerated digital transformation by triggering an increased demand for online goods and services, it also highlighted digital barriers, putting accessibility under a spotlight. Some retailers also faced claims of failing to make reasonable adjustments for vulnerable customers who wanted to shop in-store, for example, by not having seats available while they were queuing to enter the store.
If service providers do not make their websites, apps and premises accessible to everyone, not only are they potentially losing out on revenue, but they are also exposing their brand to a potential unlawful discrimination claim as well as reputational risk.
For some years, businesses and charities in the UK have had some obligations in relation to accessibility, both in relation to the physical requirement (accessible building and facilities) and online. At present though, the digital accessibility requirements for government bodies are more stringent than they are for the private sector. The expectations for online accessibility of public sector bodies are set out in the Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018. The current applicable accessibility laws in the UK are the Equality Act 2010 and the Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018.
In addition, if UK businesses sell products or services to customers located in the European Union, they must comply with the European Accessibility Act (EAA). Since few businesses will want to develop separate services, product lines, and distribution chains for the UK, it is likely that many will adopt the EAA standards for all of Europe, including the UK. Please see here for further information on the EEA.
There are no substantive changes to UK accessibility legislation currently in the pipeline. There has also been a distinct lack of enforcement of the EQA to date. The need to meet the EAA’s requirements to trade in the UK will be a driving force towards greater accessibility in the UK. Investment in accessibility will help businesses to meet previously untapped customer needs as well as enable them to market themselves as accessible and socially responsible organisations. Accessibility is good business as well as morally preferable. Many businesses are becoming more aware of the importance and benefits of accessibility and investment in accessibility is likely to continue, whether or not it is required of UK businesses for their cross-border activities.