Accessibility to websites and mobile applications of public bodies
Since April 1, 2024, the adjustments to the Behindertengleichstellungsgesetz (BGlG) regarding barrier-free access to websites and mobile applications of public bodies have been in force in Liechtenstein. These amendments to the BGlG implement the requirements of Directive (EU) 2016/2102 of the European Parliament and of the Council of October 26, 2016 on the accessibility of the websites and mobile applications of public sector bodies in Liechtenstein. On February 5, 2021, the EEA Joint Committee decided to incorporate Directive (EU) 2016/2102 into the EEA Agreement (Decision No. 59/2021 of the EEA Joint Committee). Parliament finally gave its approval to Decision No. 59/2021 at its meeting on March 11, 2022.
In the European Union, Directive (EU) 2016/2102 entered into force on December 22, 2016 and had to be transposed into national law by the EU Member States by September 23, 2018. For web content published before September 23, 2018 ("old" content), the national provisions have been applicable in the EU Member States since September 23, 2020. For web content published after September 23, 2018 ("new" content), the national provisions have already been applicable in the EU Member States since September 23, 2019 For mobile applications, the national rules have been applicable in the EU Member States since June 23, 2021.
Public bodies
According to Art. 3 para. 1 let. k BGlG (from April 2024), public bodies are "the community and institutions of general interest". The public sector is in turn defined in let. e as the state, municipalities, independent or dependent foundations and institutions under public law and public corporations. Institutions of general interest are defined in point l.
e) "Public authorities": state, municipalities, independent or dependent foundations and institutions under public law and public corporations;
k) "public bodies": the community and bodies of general interest;
l) "bodies of general interest" means bodies which:
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are established for the specific purpose of performing tasks in the general interest of a non-commercial nature;
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have legal personality; and
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are predominantly financed by, or subject to management supervision by, the public authorities or other bodies referred to in this point, or have an administrative, management or supervisory board the majority of whose members are appointed by the public authorities or other bodies referred to in this point;
Tasks of the public authorities
Public bodies have a number of obligations under the BGlG: They must ensure that their websites and mobile applications meet the accessibility requirements (Art. 21b). Furthermore, an accessibility statement must be published, which can be accessed from the homepage of the website (Art. 21c para. 1 and 2). The basic requirements for an accessibility statement are set out in the Annex to the Commission Implementing Decision (EU) of 11 October 2018 establishing a model accessibility statement in accordance with Directive (EU) 2016/2102 . Here you can find a template for an accessibility statement.
The public bodies must review and respond to feedback and notifications of any shortcomings (feedback mechanism) and, if necessary, take measures to remedy them (Art. 21c).
Valid standard
The benchmark for accessibility is the harmonized standard EN 301 349 v3.2.1 (2021-03). In Chapter 9 relating to web content, the harmonized standard is based on the success criteria of the Web Content Accessibility Guidelines (WCAG) 2.1 at conformance level AA.
Public sector bodies shall examine any notification from users of their website or mobile application regarding deficiencies in compliance with accessibility requirements, take measures to remedy these deficiencies if necessary and inform the user concerned of the result of this examination and the measures taken or planned within two months. Inquiries about the content of websites and mobile applications that are exempt from the obligation to comply with accessibility requirements in accordance with Art. 21a para. 3 and are not accessible must be answered within two months.
Transitional periods
The Liechtenstein Disability Equality Act defines the following transition periods:
- For websites that are published after the law comes into force ("new" content), the transition period is one year. Entry into force on April 1, 2025.
- For websites published before the law comes into force ("old" content), the transition period is two years.
- Entry into force on April 1, 2026
This means that websites published from April 1, 2024 must comply with the requirements of Directive (EU) 2016/2102 implemented in the Disability Equality Act from April 1, 2025. Websites published before April 1, 2024 must comply with these requirements by April 1, 2026.
Mobile applications must always comply with the requirements of Directive (EU) 2016/2102 as implemented in the Disability Discrimination Act from October 1, 2026, regardless of whether they are published before April 1, 2024 or thereafter.
Enforcement procedure
On the basis of Art. 21c para. 3 BGlG, you can notify those responsible for the websites and mobile applications of deficiencies in compliance with the accessibility requirements or make inquiries about the content of websites and mobile applications that are exempt from the obligation to comply with the accessibility requirements and are not accessible in accordance with Art. 21a para. 3. If a request via the contact option remains wholly or partially unanswered within two months, you can contact the Office of Social Services (complaints office pursuant to Art. 21e BGlG). This office will examine the complaint and, if it is justified, make recommendations for action and propose measures to remedy the deficiencies in question. The public bodies concerned must cooperate in the examination of the complaint. The e-mail address [email protected] is currently available for contact with the Office of Social Services.
Monitoring methodology
In accordance with Art. 21d BGlG, the Office of Social Services must regularly monitor the compliance of the websites and mobile applications of public bodies with the accessibility requirements under Art. 21b BGlG and prepare a report every third year. The standardized requirements for monitoring are explained in more detail in the Commission Implementing Decision (EU) 2018/1524 of 11 October 2018 establishing a monitoring methodology and reporting modalities for Member States pursuant to Directive (EU) 2016/2102. Accordingly, there are two different procedures, which are specified in Annex I:
- The in-depth monitoring method checks the compliance of websites and mobile applications with accessibility requirements
- The simplified monitoring method is used to determine the non-compliance of websites and mobile applications.
The implementing decision also specifies the selection of the sample of websites and mobile applications to be checked. In the case of Liechtenstein, the size of the sample depends on the size of the population rather than the number of websites and mobile applications.
Reporting
The EEA member states do not report to the Commission like the EU states, but to the EFTA Surveillance Authority (ESA). In Implementing Decision (EU) 2018/1524, the corresponding requirements can be found in Articles 8 to 10 and Annex II. As already mentioned above, reporting takes place every third year.
Specified time periods
The Decision of the EEA Joint Committee No. 353/2021 adopting Implementing Decision (EU) 2018/1524 specifies the deadlines and periods applicable to Liechtenstein (see the transitional periods above). The first monitoring period for websites will last between January 1, 2027 and December 22, 2028. For mobile applications, the period will begin on June 23, 2028 and end on December 22, 2028. This means that the first reporting will take place from December 23, 2028. Implementing Decision (EU) 2018/1524 also stipulates in Article 3 that monitoring will take place annually after the first monitoring period and will run from January 1 to December 22 for websites and mobile applications.