Private website and app providers are facing a paradigm shift: with the partial revision of the Disability Discrimination Act (DDA), digital accessibility is also coming into focus as a legal obligation. Those who fail to make their online offerings accessible today risk legal disputes in the future. This article shows what companies can expect, what requirements apply, and how to systematically implement them in web and app projects.
- Under the current Disability Discrimination Act (DDA), public services and certain businesses are primarily obliged to avoid discrimination against people with disabilities. This applies in particular to the workplace and to services. Private providers of digital services were hardly addressed in this context.The message on the partial revision of the BehiG adopted by the Federal Council changes this: private service providers that offer publicly accessible services – especially online – will in future be required to take appropriate measures to ensure that digital services are accessible.In addition, the draft bill proposes extending the protection provided by public law to private law employment relationships, following the example of gender equality. In material terms, it provides for a ban on all forms of discrimination, i.e., all situations that lead to disadvantage or direct or indirect discrimination.
This applies in particular to recruitment, employment and working conditions, remuneration, training and further education, promotion and termination of employment. Specifically, the draft bill stipulates that private providers are obliged to take appropriate and reasonable measures, taking into account the circumstances, to prevent, reduce or eliminate discrimination.
Refusal to take simple measures may be considered an infringement of the rights of persons with disabilities, with possible legal consequences.
The Federal Council should also be given the power to set binding minimum standards in the area of digital accessibility, based on international and European regulations.
When does a provider fall under the BehiG?
Not every private website or app will automatically fall under the new obligations. The decisive factor is whether the provider offers publicly accessible commercial and cultural services – i.e., those that are aimed at an indefinite group of users via digital channels. All providers of publicly accessible commercial and cultural services, including digital services. Examples include cinemas, theaters, restaurants, hotels, sports stadiums, retailers, internet providers, self-service apps in restaurants, mobile apps with end-user access or digital communication services, applicant tools, etc.
Smaller providers or niche services with a limited user base could be exempted if implementation would be unreasonable – but the draft does not provide for a general exemption for small businesses. In practice, this results in a gray area: an online shop that serves a broad audience is likely to fall within the scope of application, as are apps with an end-user focus. Operators who only use internal tools or closed customer systems, i.e., primarily in B2B, are likely to be less affected.
Requirements for websites and apps
In the future, accessibility is likely to be considered not just a nice-to-have, but an integral part of digital offerings. International standards such as the WCAG (Web Content Accessibility Guidelines) play a central role here – typically at the “AA” level. In Switzerland, the eCH-0059 standard is used, which specifies the WCAG criteria in more detail.
What does this mean in concrete terms for web and app operators? First, content must be designed in such a way that it is perceivable – for example, through alternative text for images, subtitles for videos, or sufficient color contrast. Functions must be operable – for example, via keyboard or assistive technology. Comprehensibility is key: menus, texts, and navigation should be clearly structured and understandable for users. Finally, robustness must be ensured: content should be compatible with different devices and technologies, including screen readers.
There are additional requirements for apps: touch operability, font size customization, support for assistance APIs (e.g., in iOS or Android), and accessibility through dynamic content. An important point is that accessibility should not be seen as an afterthought, but must be integrated into design, architecture, and development from the outset (“accessibility by design”). Simply retrofitting often leads to compromises and inconsistencies.
Risks and legal consequences
If a provider falls within the scope of the future regulation, the refusal to implement simple measures may be considered discrimination and taken to court. Those affected have the right to sue and, if necessary, insist on compensation or satisfaction. In addition, a court could order the provider to adapt the digital access in question. In addition to this legal component, there is a risk of reputational damage, increased costs for rectification under time pressure, and a competitive disadvantage compared to competitors who operate in an accessible manner.
Since many markets are digital and cross-border, it cannot be ruled out that requirements from the EEA are already having an impact today – and that offers outside Switzerland must de facto meet the same standards in order not to be excluded.
Recommendations for implementation
Anyone investing in websites or apps today should not consider accessibility as an afterthought, but as an integral part of the process. The first step is to take stock: Where are the barriers? Which areas are critical (e.g., user guidance, forms, checkout)? From this, a prioritized roadmap can be derived.
At the same time, it makes sense to adopt standards such as WCAG 2.1/2.2 and eCH-0059 as binding development requirements. Accessibility must be considered from the outset: in concept, design, architecture, code, and testing. Automated tools can help, but real users with disabilities must be included in tests to validate everyday usability.
Internal processes and responsibilities must be clearly defined, as must training for UX designers, developers, and content managers. Every measure should be documented, especially if deviations are made for objective reasons. An accessibility statement with the current status and outlook can also build trust.
Even though the revision-related obligation is not expected to come into force until 2027 at the earliest, it is advisable to start early. Providers who already program in an accessible manner today are not only ensuring compliance, but also creating equal treatment and accessibility today, in addition to technical quality, optimized SEO, and gaining market potential – because better accessibility ultimately benefits all users.
In the EU and especially in Germany
For companies with digital offerings in the EU area, the European Accessibility Act (EAA) already sets binding accessibility requirements from June 28, 2025 – including for providers outside the EU, provided they operate in the EU market.
In Germany, the directive was implemented in the Accessibility Enhancement Act. You can find an article by Dr. Martin Schirmbacher here.
Sources
- Federal Office for the Equality of People with Disabilities EBGB – Partial revision of the BehiG
- Media release dated December 23, 2024: Federal Council adopts dispatch on the partial revision of the BehiG
- Message on the amendment of the Disability Discrimination Act
- Directive (EU) 2019/882 of the European Parliament and of the Council of April 17, 2019 on the accessibility requirements for products and services (text with EEA relevance)
- WCAG (Web Content Accessibility Guidelines)
- eCH-0059 Accessibility Standard