Stanca Law

In Italy the main law for web accessibility is Law No. 4 of January 9, 2004 (Stanca Law).
In 2018, implementing the Legislative Decree No.106 amending and upgrading Law No. 4/2004, Italy incorporated the Directive (EU) 2016/2102, aimed at improving the accessibility of websites and mobile apps in the public sector of each EU Member State.

definition

What is the Stanca Law?

The so called Stanca Law aims at recognizing and protecting the right of every person to access all sources of information and related services, including those that are articulated through computer and telematic tools.

This legislation, which will be further amended in the second half of 2020, the right of access for people with disabilities is protected and guaranteed:

  1. to computer and telematic services of the public administration and of certain categories of private entities;
  2. to facilities and services open or provided to the public through new systems;
  3. to networked information and communication technologies;
  4. to public utility services.
Recipients

To whom is it addressed?

In the most recent formulation, this law applies in several categories, including:

  • Telecommunication companies
  • IT service contractors
  • Public Law bodies
  • All entities that benefit from public grants or subsidies for the provision of their services through IT services or internet.
  • Large companies (with a turnover exceeding 500 million euros)
  • Public Administrations
  • Economic Public bodies
  • Private Companies that provide public services
  • Regional Municipal Companies
  • Public Assistance and Rehabilitation Agencies
  • Transport Companies
EU regulations

Stanca Law and EU regulations

In 2018, implementing the Legislative Decree No.106 amending and upgrading Law No. 4/2004, Italy incorporated the Directive (EU) 2016/2102, aimed at improving the accessibility of websites and mobile apps in the public sector in each Member State.
This implies that, in principle, the Stanca Law and its updates refer to European and International guideline for web accessibility.

One of the most important changes for administrations is the obligation to publish the Accessibility Statement by September 23, 2020.

AGID

What is it AgiD (Agency for Digital Italy)?

In Italy AgiD coordinates and monitors compliance with the regulations introduced by Stanca Law.

The Agency for Digital Italy is the technical agency of the Presidency of the Council whose task is to ensure the achievement of the AgiD’s objectives. It also contributes to the spread of the use of information and communication technologies, promoting innovations and economic growth.

responsibility

Responsibility according to the law

Those who have a website are responsible for its accessibility.

“Responsibility”:

Art. 9 of the Stanca Law, under the heading  “Responsibility” establishes that failure to comply with the provisions by Public Providers is relevant “for the purposes of measuring and assessing the individual performance of responsible managers. It will also entail managerial responsibility and disciplinary responsibility, without prejudice to any criminal and civil liability provided by the regulations in force”. (Art. 9 paragraph 1)

The law goes on stating, with reference to Private Providers, that not complying with aforementioned provisions shall be ascertained and sanctioned by the AgiD (without prejudice to the right of the discriminated person to take personal action).

STANDARD

AgiD Guidelines

In Italy, companies and administrations must comply with the guidelines formulated by AgiD.

  1. The Guidelines have the purpose of fulfilling what is defined by art. 11 of the Stanca Law (No. 4/2004). AgID describes technical requirements for the accessibility of IT tools, the technical methodologies for verifying the accessibility of IT tools
  2. They refer to the European Directives and Decisions on Accessibility.
  3. Reference to WCAG 2.1

The provisions of this decree relating and limited to websites and mobile applications apply as follows:

  1. to websites not published before September 23, 2018: effective September 23, 2019;
  2. to websites not covered by subsection a): effective September 23, 2020;
  3. to mobile applications: effective June 23, 2021.

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