Germany has taken a proactive approach to ensuring accessibility for its citizens, and there are multiple German accessibility laws that govern digital accessibility. These include the Disability Equality Act (BGG), the Barrier-Free Information Technology Ordinance (BITV 2.0), and the Accessibility Strengthening Act (BFSG).
The BGG was passed in 2002 to ensure equal access to all individuals with disabilities. This law can be compared to the U.S. Americans with Disabilities Act (ADA). However, unlike the ADA, the BGG was amended to include the EU’s Web Accessibility Directive (WAD), which mandates digital accessibility for public-sector websites and mobile apps in the 27 EU Member States, including Germany.
Supplementing the BGG, the BITV 2.0 is a technical regulation that provides specific standards for the accessibility of German public-sector websites and mobile apps. Germany’s most recently passed accessibility regulation, the BFSG, extends digital accessibility requirements to the private sector and goes into effect in 2025.
Which laws your organization should be mindful of depend on what sector you operate in, and who your buyers are. If you work at a public-sector organization in Germany, or sell to Germany’s public sector, compliance with the BITV is critical. In this blog, we’ll discuss the BITV 2.0, including who it applies to and what is required for compliance.
What is the BITV?
BITV stands for Barrierefreie Informationstechnik-Verordnung, which translates to the Barrier-Free Information Technology Ordinance. It is a law that serves as a technical reference, outlining how digital accessibility requirements for the public sector should be implemented to comply with the BGG.
The latest version of this ordinance, known as BITV 2.0, came into effect in May 2019. This update aims to further enhance accessibility standards by aligning with evolving technologies, changing user needs, and the European information and communication technology (ICT) standard EN 301 549.
BITV 2.0: What’s different?
BITV 2.0 is the latest iteration of Germany’s digital accessibility ordinance applying to government organizations. BITV 2.0 supports the BGG by specifying technical requirements for websites, mobile apps, and information technology (IT) systems. Compared to the original BITV, BITV 2.0 introduces several notable updates to align with the European ICT standard EN 301 549 and ensure compliance with the EU WAD.
Alignment with the European ICT standard
One of the most notable updates to the original BITV was its alignment with EN 301 549. This change ensures that public-sector organizations adhering to BITV compliance requirements are also meeting broader European standards, simplifying the compliance process for public-sector entities by consolidating accessibility guidelines into a single framework.
Expanded scope
Originally, BITV accessibility standards applied only to the websites of German government organizations. With BITV 2.0, the ordinance now incorporates EN 301 549, which includes accessibility guidelines for a wide range of IT products and services, such as hardware, software, cloud computing, and internet services. While BITV 2.0 itself does not directly mandate accessibility for these areas, its alignment with EN 301 549 ensures that such standards are recognized and supported in public-sector accessibility requirements.
More specific guidelines
BITV 2.0 also introduces more detailed and specific guidelines for achieving accessibility. As mentioned previously, BITV 2.0 aligns with EN 301 549, which provides technical requirements for accessibility in areas such as media, links, color, formatting, and structure of digital assets. While the first version of BITV referenced the Web Content Accessibility Guidelines (WCAG) version 1.0, BITV 2.0 incorporates EN 301 549, which adopted WCAG 2.1 into its standards in December 2018. WCAG provides that digital content should align with the POUR principles: perceivable, operable, understandable, and robust.
Mandatory testing
BITV 2.0 supports mandatory testing by providing a technical framework aligned with EN 301 549, which is used by designated monitoring bodies to evaluate public-sector websites and mobile apps in accordance with the WAD. While organizations are not required to undergo BITV compliance audits themselves, monitoring bodies conduct accessibility evaluations as part of their oversight responsibilities. Additionally, BITV 2.0 provides technical guidance for implementing user feedback mechanisms, as required by the BGG and WAD. These mechanisms enable users to report accessibility issues, fostering a culture of continuous improvement and responsiveness to user needs.
Who does BITV 2.0 apply to?
The scope of BITV 2.0 is specific to public-sector bodies in Germany, including government agencies at the federal, state, and local levels.
While BITV 2.0 does not directly apply to private-sector entities, vendors and contractors working on behalf of public-sector bodies must ensure their services meet BITV compliance requirements. These provisions promote inclusivity and equal access to information and services within the public sector.
What is required for BITV compliance?
The European standard EN 301 549 (which BITV 2.0 aligns with) incorporates WCAG 2.1 AA as the required accessibility baseline for public-sector websites and mobile applications. While AAA compliance is not mandatory, BITV 2.0 encourages achieving “the highest possible level of accessibility” where feasible, which should include home pages, central navigation, entry-level offers, and areas that allow for user interaction, such as fillable forms, user authentication, and payment processes.
Additionally, BITV 2.0 requires the inclusion of German Sign Language and Easy Language (a standard for easily understood text that contains simple language) on the home page of a website. These must convey essential information about the website’s contents, along with navigation tips and the website’s accessibility statement, to ensure clarity and inclusivity for users with disabilities.
Speaking of an accessibility statement, BITV compliant websites must contain an accessibility statement on their homepage, and mobile apps must include this statement on their download page. The accessibility statement must indicate whether the website or app complies with EN 301 549 accessibility standards, list any inaccessible content, and include a feedback mechanism for users to report accessibility issues or request alternative formats. It must also detail how accessibility was reviewed and provide contact information for the arbitration body responsible for resolving disputes. This statement must be updated annually or whenever significant changes are made to the website or app.
How do I get started with BITV website compliance?
Achieving compliance with BITV 2.0 involves addressing various aspects of digital accessibility. While organizations are not required to conduct their own audits, performing voluntary evaluations of websites and mobile apps can help you identify barriers and prepare for government monitoring. Here are a few steps to get started:
1. Obtain a thorough BITV compliance audit. Companies getting started with BITV 2.0 compliance must first conduct an audit of their websites and mobile applications. This audit should be performed by experts and identify any existing barriers that hinder accessibility, such as inadequate color contrast, lack of alternative text for images, or inaccessible navigation menus.
2. Create a comprehensive remediation plan. This plan should outline the specific actions required to address each identified barrier, prioritizing the most critical issues. The remediation process may involve redesigning website elements, updating content to include alternative text, and ensuring that all interactive features are accessible via keyboard navigation. It is essential to follow the BITV accessibility standards closely during this phase to ensure that all changes align with the latest German accessibility laws.
3. Maintain ongoing testing. Ongoing testing is a crucial component of achieving, and maintaining, BITV website compliance. Organizations should conduct thorough testing, using both automated tools and manual methods, on a regular basis to verify that their websites and applications meet the required standards.
4. Document compliance. Documentation is another essential step in the process. Organizations should maintain detailed records of their BITV compliance checklist, including the actions taken, the outcomes of testing, and any feedback received from users.
4. Publish an accessibility statement. Include a statement on your website or mobile app detailing compliance with BITV 2.0, listing inaccessible areas, providing a feedback mechanism, and outlining how accessibility was evaluated.
All of these components are crucial to meet BITV compliance requirements.
As you’ve likely gathered by now, the process to meet BITV compliance guidelines can be long and complex, requiring multiple areas of expertise. Level Access has been helping organizations around the world achieve their compliance goals by being a skilled and knowledgeable partner in accessibility efforts. To learn how our comprehensive platform can help you approach your accessibility goals, book a demo today!
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