Europaudvalget 2021-22
EUU Alm.del Bilag 33
Offentligt
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Memo
The Danish Government's response to the public consultation on
the WAD review
The Danish Government welcomes the public consultation on the review of the
Web Accessibility Directive (Directive (EU) 2016/2102, referred to as the
‘WAD’).
The Danish Government agrees that the assessment of the WAD is a
necessary initiative in order to achieve the policy objectives of the Regulation.
General remarks
11 October 2021
KDI/ CKAGG
The Danish Government considers the WAD an important contribution to the
digital transformation and development towards a society where everyone has
equal access to the online services provided by public sector bodies. During the
recent COVID-19 pandemic, it has been emphasized how important it is that eve-
ryone may access crucial information published by public authorities.
The Danish Government believes that clarity and specification should be the
guiding principles in the review of the WAD. Especially in regard of:
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Definition of the subject matter and scope
Specification of unclear definitions
Consequences of interpretation
Definition of subject matter and scope
The Danish Government calls on the Commission to specify the definitions pre-
sented in the WAD and to consider implications of content outside of the current
scope.
Definition of the term
“website”
Article 3 presents the definitions, which applies to the purpose of the WAD.
However, the definition of what constitutes a website is not specified. Conse-
quently, there is a risk of variation in the interpretation of this central term be-
tween Member States, which could result in a reduced level of harmonisation
across Europe.
In Denmark, a high percentage of the communication (e.g. application processes,
appointment booking and correction of personal information) between the public
sector bodies and the citizens is conveyed through self-service solutions. These
self-service solutions are in most cases not inherent on the website of the public
sector body in question but published on a common citizen portal. Furthermore,
the self-service solutions are in most cases developed on behalf of multiple public
sector bodies.
 EUU, Alm.del - 2021-22 - Bilag 33: Notat og dansk høringssvar vedr. revision af webtilgængelighedsdirektivet
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It is unclear in the Directive whether these self-service solutions should be de-
fined as a “website” or as “content”
of the website. Thus, it is unclear where and
who should declare accessibility issues, and likewise where the feedback from citi-
zens should be directed.
Definition of the
term “mobile application”
According to article 3 point (2),
a mobile application is defined as “application
software
designed and developed, by or on behalf of public sector bodies,
for use by the gen-
eral public on mobile devices such as smartphones and
tablet”.
The implementing and monitoring authority of Denmark is under the impression
that a number of the mobile application which are provided to the citizens by the
public sector bodies are neither developed by these bodies nor on behalf of them.
They are designed and developed by private companies aiming at public custom-
ers. Thus, the definition of a mobile application and accessibility measures are not
applicable. Consequently, a number of apps provided by public sector bodies may
not be covered by the directive and hence not accessible for people with disabili-
ties.
Specification of unclear definitions
The Danish Government calls on the Commission to revise and clarify conflicting
application of content in the WAD.
Disproportionate burden
According
to preamble 39, “Public sector bodies should apply the accessibility re-
quirements set out in this Directive to the extent that they do not impose a dis-
proportionate burden on them. This means that, in justified cases, it might not be
reasonably possible for a public sector body to make
specific content
fully accessi-
ble”.
Article 5 describes the circumstances under which this derogation may be used.
Point (2) b) sets forth
that “frequency and duration of use of the specific
website
or
mobile application”
should be taken into account.
Thus, the article refers to the use of the website, but the preamble refers to the
content. It is therefore unclear whether it should be possible to derogate an entire
website or mobile application, or only specific content.
To the extent that specific content is derogated pursuant to article 5, it is further-
more unclear whether the public sector body should take the frequency and dura-
tion of the specific content or website/mobile application into consideration.
Placement of the accessibility statement for mobile applications
Article 7 presents the requirements for accessibility statements, and sets forth that
for mobile applications,
the statement “shall be available on the website of the
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public sector body that developed the mobile application concerned, or alongside
other information available when downloading the application”.
Even though it creates flexibility for the public sector body to be able to choose
between the different options, it makes it more difficult for people with disabili-
ties to find and access the statements and consequently give feedback to the pub-
lic sector bodies. The Danish Government believes that this option is not con-
forming with the objectives of the Directive in terms of enabling websites and
mobile applications to be more accessible to users, in particular to persons with
disabilities.
Thus, the Danish Government urges that there should not be an optionality be-
tween the two placements of the statement for the mobile applications. For the
sake of recognisability and consistency, the statement should be placed alongside
other information available when downloading the application (e.g. App Store and
Google Play).
Consequences of interpretation
The Danish Government calls on the Commission to consider the implications of
the possible interpretations of the derogation of “third-party content”.
Article 1 point (4) specifies the content of websites and mobile applications to
which the Directive does not apply.
According to point (e) “third-party
content
that is neither funded nor developed by, nor under the control of, the public sec-
tor body concerned”.
In Denmark, this derogation has resulted in confusion amongst public sector bod-
ies regarding content that is developed by one public sector body but published by
another public sector body. In these situations, the public sector body who pub-
lishes the content has neither funded nor developed it, and is not in control of the
content.
This confusion has resulted in an amendment of the Danish law, adding the speci-
fication that the derogation does not apply to content on a public sector body’s
website or mobile application, that is delivered by another public sector body and
which is developed, funded or controlled by this public sector body. This amend-
ment is brought into force by 2023.
The Danish Government calls on the Commission to secure harmonisation of the
implementation by specifying the derogation of third-party content, so that con-
tent which is developed, funded or under control of a public sector body is not be
exempt from the requirements of the WAD.