Who Must Comply with Digital Accessibility and When
Israel's digital accessibility obligations stem from the Equal Rights for Persons with Disabilities Regulations (Accessibility Adjustments to Service), 5773-2013, which have been amended multiple times to expand coverage to digital services. Starting in May 2018, public authorities were required to make their websites accessible, with the obligation gradually expanded to additional entities.
As of January 2021, the obligation applies to any organization employing 25 or more employees that operates a website or application serving the public. This definition includes private companies, non-profits, and any entity providing public services. Importantly, the obligation also applies to services operated through third-party platforms.
- Public authorities - effective May 2018
- Organizations with 50+ employees - effective January 2020
- Organizations with 25-49 employees - effective January 2021
- Licensed businesses - effective May 2022 (upon license renewal)
The definition of "public service" is broad and includes any website or application that allows the public to receive information, perform actions, or obtain services. This encompasses e-commerce sites, SaaS platforms, content websites, and even basic corporate sites that provide company information to the public.
Technical Standard Requirements and Required Compliance Level
Israel's digital accessibility standard is based on WCAG 2.1 Level AA, the leading international standard for web accessibility. The standard encompasses four fundamental principles: Perceivable, Operable, Understandable, and Robust.
Key Technical Requirements Include:
- Alternative text for images - Every image must include descriptions that convey its information or function
- Video captions - All video content must include accurate captions
- Keyboard navigation - All functions must be accessible via keyboard alone
- Color contrast - Minimum contrast ratio of 4.5:1 for regular text and 3:1 for large text
- Semantic structure - Proper use of HTML tags for content organization
- Screen reader support - Ensuring compatibility with assistive technologies
As of the date of this article, the Equal Rights Authority publishes detailed guidelines on its official website, and Israeli standards are updated in accordance with international developments. Technology companies are advised to monitor updates as requirements may expand.
It's important to understand that digital accessibility is not a "nice-to-have feature" but a binding legal requirement, with non-compliance potentially leading to significant sanctions.
How to Make Existing Websites or Applications Accessible
Making existing websites or applications accessible requires a planned process involving assessment, remediation, and ongoing monitoring. The recommended approach is a phased process starting with the most critical components and progressing to more complex technical aspects.
Phase 1: Conduct Accessibility Audit
The first phase involves comprehensive testing of the website or application against WCAG 2.1 AA requirements. This includes automated testing using tools like axe-core or WAVE, and manual testing focused on user experience with assistive technologies.
Phase 2: Prioritize Remediation
- Critical - Issues preventing access to basic content (missing alt text, keyboard issues)
- Important - Issues that impede usability (contrast problems, heading structure)
- Desirable - Improvements that enhance experience (clearer instructions, helper functions)
Phase 3: Technical Implementation
Technical remediation includes adding accessibility features to code, adjusting design, and ensuring support for assistive technologies. Sometimes it's necessary to modify information architecture or interaction patterns to ensure an accessible experience.
SaaS companies are recommended to integrate accessibility into ongoing development processes ("Shift Left") to prevent accumulation of accessibility issues in future versions.
Accessibility Statement: Required Content and Publication Requirements
Every entity subject to digital accessibility requirements must publish an accessibility statement on their website or application. The statement must be easily accessible, typically through a link at the bottom of the homepage, and must itself be accessible to people with disabilities.
Required Content in Accessibility Statement:
- Organization information - Name, address, and contact details
- Last accessibility update date of the website
- Accessibility standard on which the site is based (WCAG 2.1 AA)
- Non-accessible parts - Details of content or functions not yet made accessible
- Contact methods for accessibility-related inquiries
- Feedback mechanism allowing users to report accessibility issues
The statement must be current and accurate. Publishing a misleading or outdated statement may worsen the legal situation in case of litigation or complaints to the Equal Rights Authority.
The accessibility statement is not merely a formal requirement but an important communication tool with users and a public commitment to continuous improvement.
Ongoing Updates and Adjustments
The statement must be updated every 6 months or following significant website changes. It's advisable to establish an internal process ensuring regular updates and tracking progress in content accessibility.
Enforcement Mechanisms, Financial Penalties, and Civil Litigation
Enforcement of digital accessibility obligations in Israel occurs through two main channels: administrative proceedings through the Equal Rights Authority for Persons with Disabilities, and civil proceedings conducted in courts.
Administrative Process - Equal Rights Authority
The Equal Rights Authority is empowered to impose financial penalties on entities not complying with accessibility obligations. As of the date of this article, penalty amounts are published on the Authority's website and updated periodically. The Authority is also empowered to issue enforcement orders requiring remediation within defined timeframes.
- First warning - typically without financial penalty, requiring correction within 30 days
- Non-compliance penalty - at amounts published on the Authority's website
- Enhanced penalty - for repeat violations or severe cases
Civil Litigation
Individuals with disabilities may file civil lawsuits against entities not complying with accessibility obligations. Lawsuits may include demands for compensation, mandatory injunctions requiring accessibility implementation, and in some cases class action suits.
Israeli court rulings show a trend of strict enforcement of accessibility obligations, with courts tending to award significant compensation in cases of intentional or negligent violations.
Technology companies must treat digital accessibility as an integral part of legal risk management, not merely as a marketing or technical matter.
Possible Defenses and Limitations
The law recognizes certain limitations, such as unreasonable economic burden or exceptional technical difficulty. However, these defenses are scrutinized carefully and require proof of substantial effort toward alternative solutions.
Specific Challenges for SaaS Companies, Digital Platforms, and Mobile Applications
Technology companies face unique challenges in implementing digital accessibility, stemming from the technical complexity of their products and the need to balance innovation with accessibility requirements.
SaaS Platforms and Complex Systems
SaaS platforms are characterized by complex interfaces, dynamic functionality, and frequent updates. Their accessibility requires a systematic approach beginning at the design stage and continuing throughout the development cycle.
- Dynamic interfaces - Ensuring accessibility for content loaded and updated in real-time
- Dashboards and charts - Providing textual alternatives for complex visual information
- Complex workflows - Ensuring accessibility for multi-step processes
- Personal customization - Allowing users to adapt interfaces to their needs
Mobile Applications - Additional Challenges
Mobile applications are subject to the same accessibility requirements but face additional technical challenges stemming from screen limitations, different usage patterns, and the need to support a wide range of mobile assistive technologies.
It's important to note that hybrid applications (PWA) or applications based on WebView must meet accessibility requirements for both native components and web content.
Integration with Third-Party Services
Many technology companies rely on third-party services (widgets, plugins, external APIs). The company bears responsibility for ensuring that third-party components also meet accessibility requirements or for finding accessible alternatives.
Accessibility responsibility applies to every company regarding their service as presented to the end user, regardless of the use of third-party components.
Long-term Strategy for Digital Accessibility in Organizations
Effective and comprehensive implementation of digital accessibility requires a strategic approach combining technical, legal, and organizational aspects. The recommended approach is to view accessibility as an integral part of development culture, not a one-time project.
Building Internal Capabilities
- Team training - Training developers, designers, and product managers in accessibility principles
- Clear responsibility assignment - Appointing an accessibility coordinator or integrating responsibility into existing roles
- QA process integration - Adding accessibility testing to routine testing procedures
- Automated tools - Integrating automated testing tools into the development process (CI/CD)
Planning and Timelines
It's recommended to break the accessibility project into clear phases with measurable interim goals. Each phase should include testing, remediation, and validation of results. Priority should be given to the product's critical functions, progressing from there to secondary functions.
Collaboration with Experts
Many companies choose to work with external accessibility consultants, especially in early stages. Collaboration may include accessibility audits, team training, implementation process guidance, and periodic testing.
Additionally, it's important to involve users with disabilities in the testing process - they can provide insights that cannot be obtained through technical testing alone.
Maintenance and Ongoing Updates
Digital accessibility is not a one-time project but an ongoing process. Every product update, new feature, or design change must undergo accessibility testing. It's recommended to conduct comprehensive accessibility audits at least annually and update the accessibility statement accordingly.
Companies implementing a systematic long-term approach to digital accessibility often discover that the result is not only compliance with legal obligations but also overall improvement in user experience, expanded target audience, and even significant SEO advantages.
The information contained in this article is general in nature and does not constitute legal advice. For advice tailored to the specific circumstances of your company, we invite you to contact our firm.
