Navigating digital accessibility: 8 key questions answered for Chiefs and Managers

Through experience and insights gathered over time, we aim to help decision-makers define effective strategies for a more accessible digital world. But what does it really mean to "be accessible," and how can companies ensure it?

Over the years, our collaboration with various companies and industry leaders has given us a deep understanding of the challenges and uncertainties surrounding accessibility. The questions addressed in this article frequently emerge in conversations with those responsible for the accessibility of digital products or services. By sharing our answers, we hope to clarify the topic, alleviate concerns, and provide useful information to overcome any doubts.

To avoid fines under the regulations, do we need to declare full compliance with all WCAG success criteria and checkpoints?

Some of the people who have asked us this question told us they had received this response: "Your digital touchpoints must comply with all WCAG criteria by the deadline set by AGID guidelines."

This response is not entirely accurate.

Accessibility guidelines are designed to embed an accessibility-first approach within organizations, considering the diversity of products and services, as well as differences in processes and tools. Those providing this type of rigid interpretation risk creating a sense of urgency and resistance towards accessibility guidelines, making them seem like impractical rules full of loopholes—essentially, another bureaucratic burden causing uncertainty and discomfort. In other words, the "classic" law full of gray areas, leaving room for discretionary fines.

Instead, the guidelines aim to help companies gradually remove digital barriers by adopting the necessary technical, procedural, and organizational measures. They also define cases of exemption under the principle of "disproportionate burden":

Measures that impose a disproportionate burden are those that create an excessive financial or organizational impact on a provider, or that risk hindering its ability to fulfill its mission or publish essential information, while also considering the probable benefit or harm this would bring to people with disabilities.

All relevant details can be found in Chapter 6 of the guidelines.

Example

WCAG 2.1 introduced the Orientation success criterion at Level AA, which states:

Content must not be restricted to a single display orientation (portrait or landscape) unless a specific orientation is essential.

The Intent section of this criterion explains the reasoning behind it:

[...] Some users mount their devices in a fixed position (for example, on the armrest of a wheelchair). As a result, websites and applications must allow usability in both orientations without forcing one over the other [...]

Does this mean that if your digital touchpoints include an app, you are required to make it available in landscape mode as well? The answer is no.

AGID and WCAG guidelines encourage you to carefully evaluate this success criterion and make informed decisions. You may choose to develop a landscape version of your app or decide not to, based on your assessment. Thanks to the required monitoring and feedback mechanisms, you will also be prepared to respond to any reports regarding this specific success criterion.

Our approach to accessibility follows these steps:

• Define and share the minimum accessibility criteria that stakeholders commit to ensuring (for us, the minimum is Level AA).
• Support the publication of digital products or services that meet the agreed standard.
• Provide assistance in monitoring and implementing feedback mechanisms to address residual barriers or challenges that would otherwise pose a disproportionate burden on the organization.

Do accessibility overlays make our digital touchpoints compliant?

If you’ve ever visited a website and noticed an icon in the corner, like this:

Clicking that icon opens an overlay, providing various accessibility-related controls.

These tools, known as accessibility overlays, have become increasingly common since accessibility regulations came into effect.

However, the European Disability Forum (EDF) and the International Association of Accessibility Professionals (IAAP) have issued a joint statement warning that these overlays do not make websites accessible or compliant with European accessibility laws:

We strongly encourage technology purchasers to actively engage with digital accessibility experts, people with disabilities, and organizations representing them to understand user needs and how to meet them. [...] Overlay technology does not make your website accessible or legally compliant. It is neither an acceptable alternative nor a replacement for direct accessibility fixes.

They also clarify the limitations of these tools:

Users of assistive technologies already configure their devices and browsers according to their needs. These overlays can interfere with assistive technology settings, forcing users to rely on the overlay itself. This often makes websites less accessible for some groups and can even prevent access to content.

Aesthetically, from a usability perspective, and according to the judgment of a sighted person, these tools may seem effective. But do they permanently solve the "problem" of accessibility? No.

These technologies can address certain aspects of digital accessibility, particularly visual barriers, but they do not meet broader accessibility standards.

The European and Italian regulations refer to the WCAG standards to provide a clear technical reference for those who need to design and develop in an accessible way. But it also contains very clear indications on how to monitor and ensure that these standards are respected over time and meet the needs of users with all types of disabilities.

Are these tools cost effective? That depends.
It depends on how much your digital site or service is visited or used, how complex your organisation is, how urgent the need is to prove that you are trying to comply with legal obligations, and also how complex it is to fix digital accessibility problems. You may have complete control over the development chain that puts your website, product, service or document online, or you may not have any control at all.

In purely economic terms, these tools seem convenient, but they are not. In terms of management and governance (i.e. internal organisational policies and procedures), they allow you to give an easy and implementable answer in the short term, which does not solve the 'problem' in the medium and long term.

Speaking of spending, we found this tool designed to calculate the cost of inefficiencies caused by a digital accessibility problem that needs to be solved. On the other hand, the article Understanding the cost of not being accessible by Karl Groves contains useful information on understanding the costs of accessibility and how to turn them into a return on investment.

Do digital documents also need to comply with AGID guidelines?

Yes.

If you are familiar with the guidelines, you know that every effort must be made to eliminate digital barriers in documents. The WCAG provide an excellent technical reference in this regard. If a document cannot be made fully accessible, alternative procedures should be in place to assist people with disabilities in accessing, understanding, and using the content in the same way as non-disabled users.

Example

Suppose your digital product or service includes documents automatically generated by various information systems, over which you have full, partial, or no control. The guidelines require two things:

• Awareness of the accessibility standard achieved for those documents.
• A procedure for handling user reports related to accessibility issues (for instance, a customer service team trained to respond to accessibility-related requests).

How can we receive a penalty?

AGID, the regulatory authority responsible for enforcing the law, has also published details on its monitoring and sanctioning procedures.

In simple terms, accessibility guidelines help organizations remove digital barriers and respond to reports of accessibility issues. If a report is made against your digital content, the process leading to a fine is as follows:

• If you do not resolve the issue, the complainant may escalate the matter to AGID.
• AGID will contact you, requesting compliance with the relevant guidelines.
• If the issue is not addressed within the timeframe set by regulations, AGID may impose a fine up to 5% of annual revenue (Article 9, Paragraph 1-bis, Law 4/2004).

Can we modify the accessibility statement after publication?

The accessibility statement is a living document. It must be updated by September 23 each year, but it can also be modified anytime there are relevant accessibility updates to your website, product, or digital service.

For example:

• Have you not yet conducted accessibility and usability testing? You can publish the statement indicating that these tests have not yet been carried out and update it once they are completed.
• Have you launched a new template or section? You can conduct a basic or in-depth monitoring process and update the statement with the results.

If you are asking this question, consider this: the regulation is a firm push (after all, since 2004, digital technologies should have been accessible by law, yet they are not) to think about accessibility from the outset, rather than after publication.

Thus, if you are working on such activities, you might find the accessibility statement to be more of a guideline to help make your digital product independently usable by everyone, rather than just a set of rules to avoid hefty fines.

Do small businesses also have to comply with these guidelines?

Yes, but you have until June 28, 2025 to comply (FAQ: Private sector – What does compliance with the Accessibility Act (EU Directive 2019/882).

A detailed description of how private service providers are categorized can be found in AGID Circular No. 3 of December 20, 2022 (Section 2).

If our digital content is unlikely to receive a report, can we ignore accessibility requirements?

If you have public administrations among your clients, accessibility will be a key requirement in supplier selection and procurement processes. Failing to comply could mean losing valuable business opportunities.

Moreover, more private companies are adopting inclusive policies and committing to measuring their progress and impact in accessibility.

Can we still use words like "see" or "watch" in digital content?

If you're asking this, you probably haven't conducted an accessibility test or engaged with people who are visually impaired.

When you do, you will realize that people with visual disabilities commonly use words like "see" or "watch", even though, for them, seeing happens through hearing rather than sight.

If you are fine-tuning your technology at this level of detail, we hope it's because you have already removed all other digital barriers.

Ensuring accessibility is not just a matter of compliance, but also of building an inclusive culture.
Beyond practical responses, we urge all companies to consider accessibility as a fundamental pillar of their digital ethos. In an increasingly interconnected world, ensuring that everyone has equal access to digital resources is a step towards a fairer and more sustainable future.

Resources

• WCAG, the international standard for digital accessibility
• 2016: EU directive on public sector website and mobile app accessibility
• 2019: European Accessibility Act (EAA)
• 2019: Italian guidelines implementing the EU directive, applicable to public administrations and private companies
• 2025: Compliance requirements extended to all economic operators