Procurement Laws
In This Section:
Section 508 of the Rehabilitation Act
US Federal Acquisition Regulation (FAR)
EU Public Procurement Directives
EN 301 549
EU Directive 2016/2102 (Web Accessibility Directive)
Section 508 of the Rehabilitation Act
Section 508 requires United States federal government agencies to ensure accessibility when procuring information technology, including websites, software, hardware, telephones, copiers, and other digital tools. The intent is that federal employees with disabilities have comparable access to technology as their colleagues, and that members of the public with disabilities can access government information and services on equal terms.
Section 508 applies directly to federal government entities, but its reach extends further in practice. Any private company, nonprofit, or state or local government that wants to sell technology products or services to the federal government must meet its accessibility requirements.
In January 2017, Section 508 underwent a significant refresh. The most important change was the incorporation of WCAG 2.0 Level A and AA by reference, replacing the older modified subset of WCAG 1.0 that had previously been used.
US Federal Acquisition Regulation (FAR)
The United States Federal Acquisition Regulation implements Section 508 of the Rehabilitation Act for federal purchasing. When acquiring ICT, federal agencies must ensure that employees with disabilities have access to information and data comparable to that of employees without disabilities, and that members of the public with disabilities seeking information or services from an agency have equivalent access to what is available to the general public.
EU Public Procurement Directives
The main EU Procurement Directive (Directive 2014/24/EU) requires that accessibility be considered when procuring products and services intended for use by people, whether the general public or government staff. Technical specifications must account for accessibility criteria for people with disabilities or follow a design for all approach. Where existing EU law already defines mandatory accessibility requirements, those standards must be used.
The directive also allows accessibility to be factored into tender evaluations, and permits the exclusion of suppliers who have demonstrated unreliability through violations of social obligations, including accessibility rules. Electronic procurement documentation must also take accessibility into account. Similar provisions apply in related directives covering utilities, transport, and concessions.
EN 301 549
EN 301 549 is a voluntary harmonized European standard that sets accessibility requirements for ICT products and services. It was created to establish consistent procurement requirements across EU member states, playing a similar role to Section 508 in the United States.
The standard covers a broad range of technologies, not just web content. Where it addresses the web, it references WCAG 2.1 Level AA. Annex A of the standard lists the requirements relevant to the Web Accessibility Directive, and additional requirements cover downloadable documents, mobile apps, biometrics, two-way voice communication, and accessibility support services.
The most recent version is EN 301 549 v.3.2.1, published in March 2021.
EU Directive 2016/2102 (Web Accessibility Directive)
This directive establishes accessibility requirements that all EU public sector bodies must meet for their websites and mobile apps. Websites were required to comply by September 23, 2020, and mobile apps by June 23, 2021.
Unlike United States procurement law, the directive does not require agencies to procure accessible solutions upfront. Instead, the end product must be accessible when it is made available to users. Requirements include ensuring websites and apps are accessible, publishing an accessibility statement, providing a way for users to report accessibility issues, and including a link to enforcement procedures.
The directive references EN 301 549 directly as the applicable standard.