Digital accessibility isn’t just a matter of social inclusion – it’s now a legal obligation for organisations in Portugal. With the June 2025 deadline fast approaching, both public and private organisations need to adapt their digital platforms to meet the requirements set out by the Electronic Accessibility Law.
What is the Electronic Accessibility Act?
The eAccessibility Act represents a set of national and European laws aimed at ensuring that all citizens, regardless of their abilities or limitations, can access digital content and services in an equitable manner.
The cornerstone of this framework is the European Accessibility Act (EAA), formalised by Directive 2019/882, which establishes clear requirements for the accessibility of e-commerce services and other digital platforms.
In Portugal, this European directive is complemented by national legislation, including Decree-Law 83/2018 and the Electronic Communications Law (Law 16/2022), creating a comprehensive regulatory framework for digital accessibility.
Why implement eAccessibility?
The importance of this legislation becomes clear when we consider the figures: approximately 1.1 million people in Portugal (around 10.9 per cent of the population) have at least one disability. Worldwide, it is estimated that 1.3 billion people have some kind of functional limitation.
But digital accessibility doesn’t just benefit people with disabilities; it improves the user experience for all users and offers significant advantages for the organisations that implement it:
Commercial and strategic benefits
- Market expansion: By making digital platforms accessible, companies reach a significant market segment that is often overlooked.
- Increased conversions and sales: Studies show that accessible websites allow more people to browse and make purchases easily, potentially increasing conversion rates.
- Increased traffic: Considering that less than 1% of websites in Portugal are fully accessible, companies that implement these practices stand out in the digital market.
Brand Strengthening
- Social responsibility: Companies that prioritise accessibility are perceived as socially responsible and inclusive.
- Differentiated positioning: Accessibility reinforces companies’ positioning in terms of inclusion, an aspect increasingly valued by consumers.
- Stronger bonds with customers: Organisations that promote inclusive digital experiences are able to create stronger bonds with all their customers.
Legal Compliance and Risk Mitigation
- Avoidance of legal problems: Fines for non-compliance with the Electronic Accessibility Act can exceed tens of thousands of euros.
- Alignment with regulatory requirements: Compliance positions the company as an organisation committed to complying with current regulations.
Technical and operational advantages
- Improved SEO: Search engines such as Google favour accessible websites, improving positioning in search results.
- Stimulating innovation: The process of making digital platforms accessible often leads to innovation in design and technology.
- Improving mobile usability: Many web accessibility practices also improve the experience on mobile devices.
Technical requirements of the Accessibility Act
The implementation of e-accessibility is based on four fundamental principles:
- Perceptibility: Digital content must be perceived by all users.
- Operability: Interface elements must be operable by different means.
- Understandability: Information and interface operation must be comprehensible.
- Robustness: Content must be robust enough to be interpreted by different user agents, including assistive technologies.
The technical implementation is mainly based on the Web Content Accessibility Guidelines (WCAG), currently in version 2.1, which are incorporated into the UNE-EN 301549:2022 Standard. Digital platforms must fulfil Level AA of these guidelines to ensure compliance.
Specific requirements for websites
Technical requirements include, but are not limited to:
- Non-textual elements: Images, graphics and other visual elements must have appropriate alternative texts.
- Multimedia content: Videos should offer subtitles and, where appropriate, audio description.
- Structure and navigation: Websites must implement a clear separation between content and presentation, using CSS for visual presentation and HTML for semantic structuring.
Requirements for e-commerce
E-commerce platforms face specific requirements:
- Product information: They must provide detailed information on the accessibility of the products they sell.
- Purchasing processes: All stages, from product selection to finalising the purchase, must be accessible.
Requirements for Communications Services
Providers of electronic communications services must also:
- Ensure contractual accessibility: Contractual information must be accessible, with specifications on typeface and font size no smaller than 12 points.
- Provide equivalence of access: Users with disabilities must have access to services on terms equivalent to those available to the majority of users.
Implementation deadlines
Organisations should be aware of the following deadlines:
- January 2019: Decree-Law 83/2018 comes into force .
- September 2020: Deadline for all public administration websites to publish their Accessibility Statement.
- June 2025: Crucial deadline for the full implementation of the European Accessibility Act, when all digital products and services must be compliant.
How to Prepare Your Organisation
To fulfil the requirements of the eAccessibility Act, we recommend:
- Carry out audits: Evaluate your digital assets to identify accessibility gaps.
- Train teams: Invest in training in inclusive design practices.
- Integrate from the start: Incorporate accessibility from the earliest stages of project development.
- Accessibility statement: Publish this statement on your website, demonstrating your commitment to accessibility.
- Continuous monitoring: Implement verification and continuous improvement practices.
Conclusion
The Electronic Accessibility Law represents a significant step forward for digital inclusion in Portugal. More than a legal obligation, this legislation offers an opportunity for organisations to extend their reach, improve the user experience and strengthen their position in the digital market.
With the June 2025 deadline looming, it is imperative that organisations begin the process of adapting their digital platforms. Those that do so will not only avoid penalties, but will also position themselves as leaders in a digital environment that is increasingly inclusive and accessible to all.
Digital accessibility isn’t the future – it’s the present. And organisations that proactively adopt it will reap the benefits of a broader, more diverse and inclusive digital marketplace.
Don’t forget to publish your Accessibility Statement and if you need more detailed and technical information on WCAG 2.1 you can consult our article on this subject.
Some questions about the eAccessibility Act
1. Does the eAccessibility Act only apply to public organisations or to private companies as well?
The Electronic Accessibility Act applies to both public organisations and private companies. While Decree-Law 83/2018 initially focused on public entities, the European Accessibility Act (Directive 2019/882) expanded the scope to include private organisations, especially those offering e-commerce, banking, transport and telecommunications services. From June 2025, all these organisations will have to comply with accessibility requirements.
2. What are the penalties for companies that fail to comply with the Electronic Accessibility Act?
The penalties for non-compliance with the Electronic Accessibility Act can be significant. Fines can exceed tens of thousands of euros, depending on the size of the organisation and the seriousness of the infringement. In addition to financial penalties, non-compliant companies can face legal proceedings, reputational damage and loss of competitiveness in the market, since they exclude a significant portion of potential customers.
3. Is it possible to implement e-accessibility on existing digital platforms or is it necessary to rebuild them?
It is perfectly possible to implement accessibility measures on existing digital platforms, although the process can be more complex than incorporating these principles from the start of development. The recommended approach is to carry out an accessibility audit to identify existing barriers and then develop a phased adaptation plan. In some cases, more in-depth changes may be required, especially in outdated or poorly structured systems, but a complete rebuild is rarely necessary.
4. What is the Accessibility Statement and how should it be implemented?
The Accessibility Statement is a mandatory document that must be published on organisations’ websites, detailing the platform’s level of compliance with accessibility requirements. This statement must include:
￭ The compliance status (fully compliant, partially compliant or non-compliant);
A description of non-accessible content and the reasons for non-conformity;
￭ Alternative methods for accessing non-accessible content;
￭ Date of the last assessment or audit;
￭ Contact mechanism for users to report accessibility problems.
The statement should be easily accessible from every page of the website, usually via a link in the footer, and should be updated periodically to reflect improvements implemented or changes to the digital platforms.
