ItalyLaw 4/2004 (Legge Stanca), accessibility of websites and mobile applications of the private concessionaires, computer-service contractors and recipients of public contributions in Article 3(1), accessibility declaration and contracts
Legge 9 gennaio 2004, n. 4, artt. 3(1)-(2), 3-bis, 3-ter, 3-quater, 3-quinquies, 4(1)-(3) e 9(1)
In force since .
An accessibility requirements rule binding private bodies.
What it requires
- If you are a private company that holds a concession for public services, a company that contracts to supply computer services, or a person that benefits from public contributions or concessions for supplying your services through information systems or the internet (Article 3(1) of Law 4/2004), make your websites and mobile applications perceivable, usable, understandable and robust (Article 3-bis(1)).
- The accessibility duties do not apply to content found only on mobile devices or mobile user programs developed for closed groups of users or for specific use and not available to or used by large segments of users, nor to extranet or intranet content published before until it is substantially revised (Article 3(2)).
- Offer services built on computer systems, including websites and mobile applications, that give access to the content of the service and make the information usable through ease and simplicity of use, efficiency, effectiveness independent of the access device, and satisfaction in use (Article 3-bis(2)).
- Apply the accessibility requirements on the basis of the guidelines of the Agenzia per l'Italia Digitale under Article 11, unless for websites and mobile applications that imposes a disproportionate burden, which you assess on the basis of those guidelines (Article 3-ter(1) and (3)).
- Supply and periodically update a detailed accessibility declaration on the conformity of your websites and mobile applications, in the model set by the guidelines, publish it in an accessible format on your website, and link to it the feedback mechanism and the procedure of Article 3-quinquies (Article 3-quater).
- Do not conclude, on pain of nullity, a contract for building or changing a website or mobile application that does not require it to meet the accessibility requirements of the Article 11 guidelines, save the disproportionate-burden case of Article 3-ter (Article 4(2)).
- Bring a contract that was in force when the Article 11 guidelines were published into line with the accessibility requirements, on pain of nullity, when you renew, modify or novate it (Article 4(2)).
- In your procedures to buy goods and supply computer services, treat the accessibility requirements of the Article 11 guidelines as necessary; disregarding them is allowed only in the cases of Article 3(2) or for a disproportionate burden, and must be adequately reasoned (Article 4(1)).
- If you receive a public contribution to buy computer goods and services for workers with disabilities or for the public, the goods and services must meet the accessibility requirements of the Article 11 guidelines (Article 4(3)).
- From Articles 3-bis(3), 3-ter, 3-quater, 3-quinquies and 4(2) and (2-bis) do not apply to you if you provide services that Legislative Decree 82/2022 governs (Legislative Decree 82/2022, Article 25(3)).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
The Agenzia per l'Italia Digitale (AgID), which monitors the implementation of the Law by the Article 3(1) subjects under Article 7(1)
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- a private company that holds a concession for public services ("aziende private concessionarie di servizi pubblici")
- a company that contracts to supply computer services ("aziende appaltatrici di servizi informatici")
- a person that benefits from public contributions or concessions for supplying its services through information systems or the internet ("tutti i soggetti che usufruiscono di contributi pubblici o agevolazioni per l'erogazione dei propri servizi tramite sistemi informativi o internet")
What this law does
Article 3(1) applies Law 4/2004 to, among others, private companies that hold concessions for public services, companies that contract to supply computer services, and all persons who benefit from public contributions or concessions for supplying their services through information systems or the internet.
Article 3(2) excludes from the accessibility duties content found only on mobile devices or mobile user programs developed for closed groups of users or for specific use and not available to or used by large segments of users, and content of extranets or intranets published before until it is substantially revised. Article 3-bis(1) makes the websites and mobile applications of those providers accessible if they are perceivable, usable, understandable and robust.
Article 3-ter(1) requires the providers to apply the accessibility requirements on the basis of the Article 11 guidelines unless, for websites and mobile applications, that imposes a disproportionate burden. Article 3-quater(1) and (2) require the providers to supply and periodically update a detailed accessibility declaration that states the content left without accessibility because of a disproportionate burden, describes the feedback mechanism, and links the procedure of Article 3-quinquies.
Article 3-quinquies has the Agenzia per l'Italia Digitale verify the declaration and the Digital Civic Defender decide on disputes over it and order corrective measures. Article 4(2) bars those providers from concluding, on pain of nullity, contracts for building or changing websites and mobile applications unless the contracts require compliance with the accessibility requirements of the Article 11 guidelines.
Article 4(2) also requires contracts in force when the Article 11 guidelines were published to be brought into line, on pain of nullity, when they are renewed, modified or novated. Article 4(1) makes the accessibility requirements of the Article 11 guidelines necessary in the procedures of those providers to buy goods and supply computer services.
Article 4(3) makes the grant of public contributions to private persons for buying computer goods and services for workers with disabilities or for the public conditional on the goods and services meeting the accessibility requirements of the Article 11 guidelines.
Article 9(1) makes non-observance by the Article 3(1) subjects relevant to the performance evaluation of the managers responsible and a ground of managerial and disciplinary liability under Legislative Decree 165/2001, without prejudice to criminal and civil liability. Article 25(3) of Legislative Decree 82/2022 disapplies Articles 3-bis(3), 3-ter, 3-quater, 3-quinquies and 4(2) and (2-bis) of Law 4/2004 from to the persons who provide the services that decree governs.
When LexLint raises it
When your app profile says your app ships a consumer interface or ships a mobile app.
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