New guidelines for the law of website accessibility

The Law of Accessibility of Public Information on Websites No. 26.653 ("Law 26.653") aims to facilitate access to the contents of websites to people with disabilities. In this way, Law 26.653 is seeking to avoid all types of discrimination by creating equal opportunities and treatment to disabled people. Access to information is recognized as an essential element to guarantee the right of freedom of expression, which includes the freedom to collect, receive and provide information and ideas.

Decree No. 656/2019 (the “Decree”) regulates Law 26.653 and introducing certain changes such as, for example, naming as new implementing authority the National Office of Information Technology (the “Implementing Authority”). Although the Implementing Authority still assists and advices natural and legal persons reached by Law 26.653, now it can also request to the entities of the Executive Power for information related to the web pages of institutions or organizations reached by Article 2 of Law 26.653, in order to control that they comply with the provisions referred to the accessibility of information on their websites. Similarly, the Implementing Authority is required to inform to the National Disability Agency the infringements of Law 26.653, so that the latter proceeds with the application of sanctions.

On the other hand, the Implementing Authority will have to collaborate with the Agency of Access to Public Information in relation to accessibility standards and requirements in cases in which access to information is made through websites. Along these lines, the Implementing Authority sanctioned Disposition No. 6/2019 (the "Disposition") by seeking to increase accessibility to websites according to the new available technologies.

The Disposition approves the "Web Content Accessibility Guidelines 2.0" incorporating a Spanish translation of the "Web Content Accessibility Guidelines 2.0" established by the World Wide Web Consortium. These guidelines also adopt the ISO/IEC 40500:2012 international standard that approves the web accessibility guidelines. The Disposition includes a series of guiding standards, such as: (i) fundamental principles; (ii) general guidelines; (iii) success criteria; and, (iv) sufficient and advisory techniques.