Differences between web accessibility and ADA (Americans with Disability Act) that began in Japan

Web accessibility now mandatory in Japan

Up until now, GO RIDE has explained about the ADA (Americans with Disability Act) when operating cross-border e-commerce and e-commerce sites in the United States.

Past articles are here

Isn't it time for mouse-only operation? What ADA compliance should we consider now?

Points to be aware of when cross-border e-commerce to the US: Customs duties, ADA, CCPA

Web accessibility will now be implemented in Japan, and as of April 1, 2024, amendments to the Act on the Elimination of Discrimination against Persons with Disabilities will come into effect, making it mandatory for private companies to provide "reasonable accommodation."

This will require all private business websites to be accessible.

Personally, I don't like the name "Act on Elimination of Discrimination" because it sounds condescending, but the word "Accessibilities" seems to be based on providing equal access to everyone.

Now, I would like to look at the trends that have emerged from Japan's recent legal reforms and what measures are needed, including a comparison with the United States.

I have actually seen a visually impaired person using a reader to browse the web, and it really made me realize the nature and necessity of accessibility. Let's take a look at accessibility, which will become more and more familiar to us in the future.

Web accessibility means that a website is accessible, meaningful and usable for all users.

A typical example would be a situation where visually impaired people can access and use content using a device called a reader, but the ideal situation would be one where anyone, including people with hearing impairments and the elderly, can access the web, understand the content, and use it without any problems.

Web accessibility refers to a situation in which a website is accessible to all users, including not only the visually impaired but also elderly people with impaired vision or hearing.

Reference source What is web accessibility? A clear explanation from scratch!

Here are some examples from the Government Public Relations Online website.

Examples of applications for visually impaired people (including people with normal vision)

1. When coloring text or writing text on an image, increase the contrast ratio between the text and the background color.

2.キーボードだけで操作できるようにする。また、キーボードで操作した時、フォーカスしている部分を認識しやすいようにする。

Example for hearing impaired people

1. Add subtitles to video content.

These are just some examples, but for more details Digital Agency's "Web Accessibility Implementation Guidebook"　Please check the information provided in the above.

In Japan, the mandatory requirement of "reasonable accommodation" that will come into effect on April 1, 2024, will not mean that websites must be made accessible; the current legal amendments will make it a voluntary obligation and will not impose legal penalties.

Reference: Cabinet Office

Leaflet: "Providing reasonable accommodation will become mandatory from April 1, 2024!"

In the United States, there are clear penalties and fines (as of February 2024, in California, from $4,000), and in Europe, more drastic measures will be taken by 2025.

European Accessibility Act 2025

It is thought that the situation will continue to progress in this way, and the number of lawsuits, including those filed by individuals, is showing a significant increase.

Website accessibility has been a part of the ADA since the early 2000s and related lawsuits have increased significantly in recent years. The website accessibility lawsuit forecast for 2023 is pointing at 4220 lawsuits – 185 more than the year before and almost twice as many as in 2018.

It is likely that major developed countries will take steps to achieve equal opportunity and a more inclusive society, and I believe that Japan may also take a more proactive approach.

The details of the EAA 2025 penalties are still unclear, but considering that the GDPR currently imposes penalties of up to 20 million euros or 4% of global turnover, whichever is higher, it is widely expected that the penalties will not be small.

Regarding EAA 2025, companies have until June 2025 to take action, so they need to start taking measures now.

This also applies to e-commerce sites.

参考 The European Accessibility Act: Empowering Inclusion in Digital Environments 

Reasonable accommodation refers to measures that can be taken according to the specific circumstances of each person with a disability, assuming that the necessary environmental improvements have been made (such as adding subtitles to videos on websites, as in the example above). For example, if it is difficult to make an order on an e-commerce site by entering text online, an operator could respond by phone to take the order.

I believe there are four main steps that companies should take.

1.現在のウェブサイトの状況把握

2. Accessibility and reasonable accommodation measures and policy formulation

3. Web security measures and alternative access methods

4.定期的なアクセシビリティチェックと運用における課題の把握と対策を継続的に対応していく運用

If you have any questions about accessibility both in Japan and overseas, especially regarding accessibility on e-commerce sites,　GO RIDE Please contact us