In recent years, the European Union (EU) and Member States have intensified their efforts to ensure that eAccessibility is a standard rather than an exception. Both the public and private sectors are under increasing regulatory scrutiny, with the aim of removing barriers to use on websites and mobile apps. To understand the current and upcoming regulatory landscape, it is useful to review the current legal framework, as well as the obligations that will come into force from 2025.
Regulatory framework in the public sector
The regulation of digital accessibility for public administrations and public bodies is mainly framed by Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of websites and mobile applications of public sector bodies. This directive establishes obligations to ensure that the websites, intranets, extranets and mobile apps of public bodies comply with international accessibility standards, such as the Web Content Accessibility Guidelines (WCAG).
In the case of Spain, the transposition of Directive (EU) 2016/2102 was carried out through Royal Decree 1112/2018, of 7 September, on accessibility of public sector websites and applications for mobile devices. This Royal Decree obliges Public Administrations and private companies that receive any kind of public funding to:
- Comply with UNE-EN 301549 on accessibility. This standard is based on the Web Content Accessibility Guidelines (WCAG) 2.1, level AA.
- Publish an updated accessibility statement.
- Establish feedback and complaint mechanisms that allow users to report accessibility difficulties.
The implementation phase for public sector websites and apps ended its main deadlines in 2020 for existing websites, and in 2021 for mobile apps, so these obligations are fully in force today. From 2025 onwards, the public sector will not only have to maintain compliance with these standards, but also update to possible new requirements arising from regulatory adjustments or technical standards that may be issued by the European Union, always with the aim of improving the experience of users with disabilities.
The regulatory scenario for the private sector and its status after 2025
Digital accessibility obligations existed for certain private companies before 2023. For example, in Spain, Law 56/2007 of 28 December 2007 on Measures to Promote the Information Society established that companies providing services to the general public of special economic importance and which had websites open to the public had to guarantee their accessibility. This obligation applied to companies with more than 100 employees or with an annual turnover of more than €6 million. In addition, social networks developed by entities with a turnover of more than €6 million were also subject to these obligations.
However, the change in Spanish legislation, brought about by the new European guidelines, has modified and extended these digital accessibility obligations, establishing new deadlines and criteria for compliance.
The European Accessibility Act is coming
The most relevant change for 2025 comes from Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on accessibility requirements for products and services, commonly known as the European Accessibility Act (EAA).
This directive sought to extend digital and physical accessibility to a wide range of products and services in the European internal market, with the aim of ensuring greater inclusion of people with disabilities. These are its main features:
Scope of application
The standard applies not only to technology companies, but also to providers of banking, e-commerce, e-reading and other key services offered to the public. Specifically to:
Products:
- General purpose consumer computing equipment and operating systems for such equipment.
- Self-service terminals, including:
- Payment terminals.
- Automatic teller machines.
- Ticket vending machines.
- Billing machines.
- Interactive terminals providing information, except those integrated into vehicles, aircraft, vessels or rolling stock.
- Consumer terminal equipment with interactive computing capability for:
- Electronic communications services.
- Audio-visual communication services.
- Electronic readers.
Services:
- Electronic communications services, excluding machine-to-machine transmission services.
- Services providing access to audiovisual communication.
- Elements of passenger transport services (air, bus, rail and inland waterway):
- Websites
- Mobile applications.
- Electronic ticketing and e-ticketing services.
- Information on transport services (including real time).
- Interactive terminals for the provision of services, within the European Union.
- consumer banking services
- Electronic books and associated software.
- Electronic commerce services.
Specific exclusions:
- Pre-recorded content published before 28 June 2025.
- Third party content not controlled by the economic operator.
- Static content of websites and applications considered archives prior to 28 June 2025.
Technical requirements
Websites and mobile applications of private entities covered by the directive must comply with accessibility criteria similar to those already required for the public sector (e.g. WCAG guidelines), ensuring that interaction is possible for all users, including those with sensory, motor, cognitive or other disabilities. In particular, the specific standards applicable will depend on the type of product or service:
For ICT and digital accessibility: EN 301 549 (includes WCAG 2.1).
For the built environment: ISO 21542 and EN 17210.
For transport and interactive terminals: EN 16584 and specific transport standards.
Deadlines
Member States had to transpose the Directive into national law by 28 June 2022 and the national provisions must apply to products and services placed on the market or provided on or after 28 June 2025. But there is a transitional period which states that :
- Service providers can continue to use existing non-compliant products until 28 June 2030, as long as they are not replaced.
- Self-service terminals may remain in use until the end of their economic lifetime, but no later than 20 years after installation.
- Member States may delay the implementation of the requirements regarding the accessibility of emergency communications to the single European number 112 until 28 June 2027.
Spanish legislative framework - Law 11/2023, of 8 May and Royal Decree 193/2023, of 21 March
The following is the main Spanish legislative framework that applies to the private sector in the field of digital accessibility. There are other laws that apply, both state and regional, but these two currently define the bulk of the current regulations.
Law 11/2023, of 8 May:
Transposes Directive (EU) 2019/882, incorporating accessibility requirements for certain products and services into Spanish law. This law establishes the obligations of economic operators and the deadlines for the implementation of accessibility measures.
Scope of application
Same as EAA but with the addition of websites and mobile services, including mobile applications, of electricity, water and gas utilities and travel agencies and tour operators, as well as social networks.
Technical requirements
The European standard for ICT and digital accessibility EN 301 549 is transposed, resulting in the Spanish UNE-EN 301549.
Deadlines
Digital products that are affected by the law, if they are new, must be accessible from June 2025, however for existing products, there is a deadline for adaptation, until 28 June 2030.
Royal Decree 193/2023, of 21 March
Royal Decree 193/2023 regulates accessibility and non-discrimination in access to goods and services, guaranteeing equal opportunities for people with disabilities. It includes technical requirements based on universal design and reasonable accommodation, with compliance deadlines between 2025 and 2030 depending on the nature of the good or service.
Goods: Elements, products or merchandise available to the public through an open market, outside the private and family sphere.
Services: Services provided by natural or legal persons, public or private, including industrial, commercial, professional, recreational or artistic activities, whether or not for remuneration, offered to the public.
Scope of application
It concerns all relationships between natural or legal persons, public or private, related to the provision of goods and services available to the public. It includes:
- Retail trade.
- Financial, educational, cultural, tourism, sports and environmental services.
- Public administration, postal services, and services related to public safety. Excludes services regulated by specific accessibility regulations.
Technical requirements
Specifies that all websites and mobile applications whose content refers to goods and services available to the public must comply with the UNE-EN 301549 accessibility standard.
Deadlines
Privately owned goods and services that are new must be accessible from 1 January 2029, unless they are contracted or provided by public administrations, in which case the implementation date is 1 January 2025.
Existing privately owned goods and services must be accessible from 1 January 2030, unless they are contracted or provided by public administrations, in which case the implementation date is 1 January 2026.
Conclusions
From 2025 onwards, the digital accessibility landscape will extend more strongly to the private sector, adding to the obligations that the public sector has already been taking on in recent years. The EU's goal is clear: to achieve a barrier-free digital environment that enables all citizens, regardless of their abilities, to access the same services and opportunities online.
The timetable for this digital transformation includes several milestones which, in general terms, mean that by 2030, the entire Spanish business sector, with the exception of micro-SMEs, will be affected by the legislative requirement to be accessible.
