This is an old draft. The published version of this document is at www.w3.org/WAI/bcase/.

Web Accessibility Business Case: Overview
Social Factors
Technical Factors
Financial Factors
Legal & Policy Factors

Developing a Web Accessibility Business Case for Your Organization: Legal and Policy Factors

This is an old draft. The published version of this document is at www.w3.org/WAI/bcase/.

on this page: introduction - identifying - considerations for different organizations - addressing multiple standards -document information

Note: This document is an initial draft [see change log in progress] and should not be referenced or quoted under any circumstances. This document is under development by the Education and Outreach Working Group (EOWG), and will be offered to other W3C groups and the public for review.

Introduction

This page is part of a resource suite that describes the social, technical, financial, and legal and policy factors relevant to developing a customized business case for Web accessibility for a specific organization.

Note that the term "policy " is used broadly in this document to refer to requirements from governments and other organizations in the form of laws, policies, regulations, standards, guidelines, directives, communications, orders, or other types of documents, which have different degrees of authority in different systems.

Legal and policy factors apply differently to specific organizations and situations. For example, one organization might be required by explicit government regulations to make their Web sites accessible, while another organization follows the Web accessibility policies recommended by their trade association and required by a partner company.

This page provides guidance on customizing how legal and policy factors are covered in a specific organization's business case for Web accessibility.

Identifying Legal and Policy Factors for a Specific Organization

The following questions can help identify how the legal and policy factors of Web accessibility apply to the organization:

• Is the organization required by law or other mandate to make its Web site accessible?
  Some governments have laws that specifically require that certain types of Web sites are accessible. Others might not directly specify Web accessibility, yet it is indirectly covered in regulations, directives, or other requirements based on laws and policies such as anti-discrimination legislation or information and communications technology policy. Additionally, some organizations might be required to make their Web site accessible by other policies, such as a university Web accessibility policy that requires department Web sites be accessible.
  Policies Relating to Web Accessibility lists governmental legislation and related information for many countries and regions.
• Are there specified guidelines, conformance levels, and dates for compliance?
  Many policies reference specific guidelines or standards for Web accessibility and include dates for compliance. For example, a policy might state that sites meet Web Content Accessibility Guidelines (WCAG) 1.0 Priority checkpoints by a certain date and WCAG 1.0 Priority 2 checkpoints by a later date.
• Are the requirements adequate to meet the needs of people with disabilities?
  Required guidelines or minimum conformance level might not adequately meet the needs of the Web site's users with some disabilities. In that case, an organization might choose to meet additional guidelines or conformance levels in order to provide sufficient accessibility.
• @@ think this needs to be a section below & not a question@@ Is it helpful to include the risk of failing to provide accessible Web sites?
  @@ I suggest calling it "Legality" and changing the subheadings to be "___________ Organizations" in the Considerations section. Or create a whole new section just on this subject.@@
  In some cases it is useful to include in a business case the negative impact on reputation and potential legal costs associated with defending against legal action for not complying with requirements for Web accessibility. Sometimes the legal requirements for an organization might not be clear. In such cases, some organizations determine that it is in their best interest (financially and otherwise) to make their sites accessible, rather than risk legal action. The Financial Factors page discusses the costs and financial benefits of Web accessibility. @@ perhaps comment on expensive legal problems for some (banks, olympics) @@
• Are there other Web accessibility policies the organization should comply with?
  Some organizations are compelled to meet non-governmental policies, such as policies or standards from trade or industry associations, professional associations, or standards organizations.
• Will policies later become applicable?
  Might the organization expand into countries or other markets where Web accessibility policies apply? Are there policies in development that after they are finalized will apply to the organization? It is almost always easier and less expensive to incorporate accessibility early in Web site development or redesign, rather than retrofit existing sites later.

Considerations for Different Types of Organizations

Government

An increasing number of governments are establishing requirements that government Web sites be accessible. Web accessibility requirements can be in the form of policies, laws, regulations, standards, guidelines, directives, communications, orders, or other types of documents. As mentioned above, some policies directly address Web accessibility, and others cover Web accessibility under broader anti-discrimination legislation, information and communications technology policy, or other laws or policies.

Some of these requirements apply only to national government ministries or agencies Web sites; some also apply to provincial or state governments. Additionally, other levels of government (such as provincial or state) might establish requirements independent of national requirements.

Education

Many educational institutions and organizations are covered by national governmental requirements for accessibility of Web-based educational resources and online learning environments. In some countries or regions, educational institutions are covered in broad policies along with other types of organizations; and in others there are policies specifically addressing educational institutions.

In addition to governmental requirements, some educational institutions and organizations have established separate and/or more extensive requirements for accessibility. In some cases there is a specific policy on Web accessibility; in other cases Web accessibility is covered under broader accessibility policies.

Industry and Non-Governmental Organization (NGO)

Some government policies require industry and NGO Web sites to be accessible. These types of organizations might also choose to follow other Web accessibility policies, such as recommendations from trade (industry) associations or professional associations.

Many corporations and NGOs establish their own policies for Web accessibility, which are often more extensive than those required by government policies. In some cases, policies established by corporations or NGOs might also apply to subsidiaries, vendors, and others who do business with the organization.

Addressing Multiple Standards

As described above, an organization could be subject to multiple Web accessibility policies, for example standards from different governments in counties where they operate, from a trade association, and from a parent company or partner company. Addressing different standards is more complex than addressing a single standard; however, because there is almost always significant overlap between standards, the work to meet two different standards is not twice the work to address one standard. In most cases an organization meeting the more comprehensive standard can easily ensure that other standards are also met.

For organizations that are concerned about meeting multiple standards, it might be effective to provide in the business case more detail on the overlap between standards. For example, the business case could include an appendix that shows the similarities and differences between the different standards.

Document Information

Last updated on $Date: 2012/08/01 20:34:14 $ by $Author: shawn $.

Editor: Shawn Lawton Henry. Previous editor: Judy Brewer. This resource is under development by the active participants of the Education and Outreach Working Group.

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