Italy has long been at the forefront of digital accessibility in Europe, with its foundational legislation, Law 4/2004, better known as the Stanca Act (Legge Stanca), dating back to 2004. This pioneering law established the right for all citizens to access online information and services, laying the groundwork for a more inclusive digital society.
Today, the Stanca Act works in conjunction with EU directives to create a robust compliance framework for both public and private sector organizations.
The Stanca Act: A Dual Focus
Initially, the Stanca Act targeted public sector bodies, mandating accessibility for government websites and digital services. However, its scope has significantly expanded over the years.
A key amendment, the 2020 Decreto Semplificazioni (Simplification Decree), extended the Stanca Act's requirements to the private sector. The law now applies to :
- Private companies with an annual turnover exceeding €500 million (averaged over the last three years).
- Private companies that are part of a larger group that meets this financial threshold.
- Private companies that operate as concessionaires of public services (e.g., utilities, transport).
This makes Italy unique, as it required large private companies to be accessible even before the EU-wide European Accessibility Act (EAA) came into force.
Transposing the EAA: Decreto Legislativo n.82/2022
To align with the rest of Europe, Italy transposed the European Accessibility Act (EAA) through Legislative Decree no. 82/2022. This law reinforces and broadens the obligations for the private sector, covering all businesses (regardless of size, unless they are a micro-enterprise) operating in the EAA's key areas, such as e-commerce, banking, and transport.
Essentially, any private company previously covered by the Stanca Act is now also accountable under this new EAA transposition law.
Technical Standards and Key Requirements
For all entities covered by these laws, the path to technical compliance is consistent:
- The Standard: Conformance with the European standard EN 301 549 is the benchmark. As this standard incorporates WCAG 2.1 Level AA, achieving this level is the primary goal for digital platforms.
- Accessibility Statement: Organizations must publish and maintain a detailed accessibility statement (dichiarazione di accessibilità).
- Feedback Mechanism: A clear and easy-to-use method for users to report accessibility barriers is mandatory.
Enforcement and Penalties
The Agency for Digital Italy (Agenzia per l’Italia Digitale - AgID) is the primary body responsible for overseeing and enforcing these laws. The penalties for non-compliance are severe and can include:
- Fines of up to 5% of a company's annual turnover for violations of the Stanca Act.
- Fines ranging from €5,000 to €40,000 for violations of the EAA transposition law.
- In some cases, the suspension of a company's operations until compliance is achieved.
A Clear Path to Compliance in Italy
Italy's dual legal framework sends a clear message: digital accessibility is a non-negotiable legal and social responsibility. For businesses operating in Italy, aligning with the WCAG 2.1 Level AA standard is the most effective way to meet the requirements of both the Stanca Act and the EAA, mitigating significant legal and financial risks.
Wawsome’s AI-driven platform is designed to help your business navigate this landscape, providing the tools you need to audit, remediate, and maintain a fully compliant and accessible digital presence in the Italian market.