The Legal Framework for Website Accessibility in Israel
A business owner who receives a demand letter alleging that its website is inaccessible to people with disabilities often discovers that this is not a general recommendation, but a defined legal obligation. The duty of digital accessibility in Israel is anchored in the Equal Rights for Persons with Disabilities Law, 5758-1998, and detailed in the Equal Rights for Persons with Disabilities Regulations (Service Accessibility Adjustments), 5773-2013.
These regulations impose on service providers — including websites and applications that provide services to the public — a duty to make their digital service accessible to people with various disabilities, including visual, hearing, motor, and cognitive impairments.
It is important to understand that this duty is not limited to public bodies. Private businesses operating a commercial website, application, or digital service platform are also considered service providers subject to accessibility adjustment requirements, subject to certain exceptions.
Which Websites Must Be Accessible and Which Are Exempt
The regulations apply broadly to websites and applications that provide services to the public in Israel, regardless of where the site owner is based. A foreign technology company operating a digital service intended for the Israeli public may also fall within the scope of this duty.
The regulations take into account the size of the business and the scope of its activity, granting certain relief to small businesses relative to larger businesses or public bodies. That said, small businesses are not entirely exempt — they are generally subject to more limited requirements rather than a full waiver.
Because the scope of exceptions and the precise conditions may change under the regulations and accompanying guidance, businesses should assess their specific classification against the current text of the regulations rather than relying on broad generalizations.
The Israeli Technical Standard for Website Accessibility
The regulations reference Israeli Standard 5568, which is based on the international Web Content Accessibility Guidelines (WCAG) and requires compliance with a defined level of accessibility. The standard sets out detailed technical requirements, including support for screen readers, sufficient color contrast, full keyboard navigation, captions for video content, and alternative text for images.
Common Accessibility Deficiencies
- Forms lacking proper labels for screen readers
- Navigation menus accessible only by mouse
- Insufficient color contrast between text and background
- Video content without captions or transcripts
- PDF files that are inaccessible to users with visual impairments
Compliance with the standard is not a one-time exercise. Changes to a website, the addition of new content, or a design update can undermine accessibility previously achieved, which is why ongoing periodic testing is required.
The Accessibility Statement and the Accessibility Coordinator Requirement
The regulations require publication of an accessibility statement on the website, detailing the level of compliance with the standard, the accessibility measures implemented, and the contact details of the organization's accessibility coordinator. This statement must be current and available, not a generic document that fails to reflect the actual state of the site.
For businesses subject to the requirement to appoint an accessibility coordinator, that individual's role is to handle public inquiries on accessibility matters and to track implementation of the required adjustments. Appointing a coordinator and publishing their contact details are elements that are actually scrutinized when complaints or claims are examined.
A partial or outdated accessibility statement may be read as an indication that the business did not seriously assess its own compliance, which can weaken its position in the event of a dispute.
Legal Exposure of Website Owners to Accessibility Claims
The Equal Rights for Persons with Disabilities Law allows an affected individual to bring a civil claim for breach of the accessibility duty, and in certain circumstances permits an award of compensation without proof of actual pecuniary loss. In practice, this means a person with a disability who genuinely struggled to use a website may be awarded compensation even without demonstrable financial harm.
In recent years, Israel has seen a rise in the number of lawsuits and demand letters concerning website accessibility, often following a preliminary approach from the affected individual or their attorney requiring the business to remedy the deficiency. Many businesses prefer to resolve the gap at an early stage, before a legal dispute develops.
Beyond civil litigation, the Commission for Equal Rights of Persons with Disabilities is authorized to handle public complaints regarding accessibility and, in certain cases, to initiate proactive review of service providers. A business that ignores repeated accessibility complaints exposes itself to escalating risk.
Enforcement and Case Law Trends in Digital Accessibility
Israeli courts tend to examine not only the existence of technical accessibility deficiencies, but also the overall conduct of the site owner: whether a professional accessibility review was conducted, whether a current accessibility statement is in place, and whether reasonable efforts were made to remedy deficiencies once they were brought to the business's attention.
This trend means that a business that has not achieved full compliance with the standard may nonetheless find itself in a better position in a dispute if it can show a systematic, documented effort to advance the site's accessibility. Conversely, a lack of documentation or disregard for complaints is treated as an aggravating factor.
Enforcement trends in Israel are also influenced by parallel developments abroad, including the wave of digital accessibility litigation in the United States under the ADA, which reinforces the broader trend of expanding liability for digital service providers.
What Businesses Should Actually Do
A business operating a website or application that serves the public in Israel should assess its compliance with accessibility requirements systematically, rather than relying on a one-time check.
- Conduct a professional accessibility review against Israeli Standard 5568 through a qualified provider
- Remediate identified technical deficiencies, including in forms, navigation, and media
- Publish a current and accurate accessibility statement on the website
- Appoint an accessibility coordinator and make their contact details accessible, where required
- Embed ongoing accessibility testing into every significant update or change to the site
- Train development and content teams on basic accessibility principles
When a complaint or inquiry regarding accessibility is received, it should be handled promptly and with proper documentation, and the need for early legal advice should be considered rather than waiting for a legal proceeding to develop.
Digital accessibility is not merely a technical matter — it is an integral part of legal risk management for any business maintaining a digital presence in Israel, and addressing it proactively spares a business unnecessary exposure down the road.
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.
