Digital accessibility has become a legal requirement in Luxembourg, and it affects far more organisations than is often thought. Whether you are a public authority, a local council, a non-profit organisation serving the public interest, or a private company offering certain services, you may be affected.
The public sector
Act of 28 May 2019 on the accessibility of websites and mobile applications of public sector bodies.
Who is affected?
- The Luxembourg State (ministries, administrations)
- Municipalities (communes)
- Public law bodies
For example, many non-profit organisations fall under the definition of public law bodies if they are mainly financed by public funds and carry out a mission in the general interest.
If you are unsure, you can check your status with Akzent or with the Open Data, Information Access and Digital Accessibility Division of the Information and Press Service (Ministry of State).
The main obligations are as follows:
- WCAG 2.1 Level AA compliance for all websites, mobile applications, and office documents published online
- An accessibility statement published on each website and application
- A feedback mechanism allowing users to report accessibility issues
- A response to reported issues within 30 days
Extension of obligations to the private sector
This law transposes the European Accessibility Act (2019/882) and aims to ensure that products and services are accessible to everyone, particularly people with specific needs. It applies to commercial relationships between businesses and consumers.
Main sectors concerned
- E-commerce (online shops, marketplaces)
- Online banking services
- Passenger transport (ticket booking)
- Electronic communications (telephony, messaging)
- Audiovisual media services
- E-books and e-readers
Scope of the obligation
For websites and mobile applications, the accessibility requirement applies to digital interfaces used to provide the services listed above.
This includes ordering and payment processes, booking systems, customer areas, commercial contact forms, as well as all navigation elements required to access these features (menus, search functions, and service-related information pages).
Example: a newsletter subscription form (which constitutes a contractual exchange) must be accessible, as must the navigation path leading to it.
Exemptions
Micro-enterprises are exempt with regard to services (but not products).
Definition: a company with fewer than 10 employees and an annual turnover or annual balance sheet total not exceeding €2 million.
Control and sanctions
The OSAPS (Office for the Surveillance of Accessibility of Products and Services) is responsible for monitoring compliance and may impose sanctions in the event of non-compliance.
For web designers and agencies, this means not only optimising individual pages, but considering the entire user journey through to the completion of a transaction.
In practice, determining the exact scope of the content concerned can be complex. As websites often use a single theme (both visually and technically) across all pages, it is generally simpler and more efficient to make the entire website accessible.