Amendment to the Equal Rights of Persons with Disabilities Regulations (Accessibility Adjustments for Services), 5773-2013, concerning internet accessibility, requires accessibility adjustments for internet services provided to the public, as defined in the Equal Rights of Persons with Disabilities Law, 5758-1998.
Accessible internet services
A service will be considered to fulfill the accessibility obligation if adjustments have been made to it according to Israeli Standard 5568, which defines guidelines for accessible internet content, in a way that will enable people with various disabilities to benefit from internet services.
Applicability of the accessibility obligation
As a general rule, the accessibility obligation applies to owners and actual holders of websites and applications that provide a service or information about a service to the public in Israel and include content in any format (text, images, video, documents, etc.).
At the same time, the Israeli legislator stipulated that in certain cases, a service operated by an entity and through a platform subject to accessibility obligations would also be exempt from making accessibility adjustments.
Exemption from accessibility obligation
As mentioned, there are several situations where an exemption from implementing accessibility accommodations applies:
- The accessibility obligation is subject to the technological feasibility of making the internet service accessible in the relevant format and platform. Therefore, if an adaptation or part thereof is not possible, a specific exemption from its implementation may be granted.
- A platform whose use is conditional on user registration and whose number of registered users does not exceed 500 at any given time will be considered a platform providing a service to a limited number of users and will not be subject to accessibility obligations.
- In certain cases, an exemption from the accessibility obligation can be obtained or requested due to heavy financial burden.
This exemption applies automatically when the annual turnover of the entity providing the internet service does not exceed the lower threshold set by the regulations.
It should be noted that some exemptions require an application to authorized bodies for approval, while others apply automatically as long as the required conditions are met.
Breach of accessibility duty
Failure to comply with accessibility regulations not only prevents people with disabilities from accessing published information, but may also expose the service provider to administrative, civil, and criminal sanctions, including: fines and monetary compensation without proof of damage, in amounts of tens of thousands of shekels.
Practical Halakha
New websites must be accessible and therefore, from the outset, they must be built on a platform that allows for accessibility (a new website is one that began operating after 10/27/2017).
It should be noted that developing and building a website with accessibility principles taken into account will often be simpler and cheaper than making an existing website accessible retroactively.
For entities operating existing websites (that began operating before 10/26/2017) that are required to be accessible, conduct an accessibility audit and implement accessibility adjustments according to the Web Content Accessibility Guidelines established in Israeli Standard 5568.
On a personal note
Beyond the legal obligation to make accessibility accommodations and the business benefit of making content accessible to everyone, it's important to remember that removing barriers to allow people with disabilities to enjoy the offered service as comfortably as the general public is also a social and moral imperative of utmost importance.
Individual consultation
Recognition and understanding of the obligations applicable to you as owners and/or beneficial holders of platforms providing internet services, as well as awareness of the relief to which you are entitled according to the specific data of your business, will enable you to act correctly and make accessibility adjustments in a manner that will even reduce the expense involved in their implementation.
In the commercial law firm, Kärner & Co., we are pleased to provide you with personalized advice to help you meet accessibility requirements, thereby preventing legal sanctions.