Decree 209/2023: Implications for Accessibility in Catalonia

What is Decree 209/2023?

Decree 209/2023, published in the Official Gazette of Catalonia, establishes the bases to guarantee universal accessibility in various environments. It applies to buildings, infrastructures, services and digital contingencies, and supplies physical access to public buildings and web accessibility of digital services offered to Catalonia.

This decree is based on the Accessibilitat Law of Catalonia and is aligned with the international accessibility guidelines, with the WCAG 2.1 standards for digital environments and the universal design guidelines for physical countries.

Objectius of Decree 209/2023

The Decree 209/2023 pursues various essential objectives:

• Ensure equal access: Provide access in all public and private environments.
• Promote digital inclusion: Ensure that digital services comply with the WCAG standards for web accessibility.
• Eliminate architectural and urban barriers: Promote design included in the construction and renovation of buildings and public infrastructures.
• Raise awareness about universal accessibility: Create a culture of accessibility that promotes inclusion throughout Catalonia.

Who does Decree 209/2023 affect?

Decree 209/2023 mainly affects:

• Public bodies: City councils, municipal bodies and other public administration institutions in Catalonia must guarantee the accessibility of the various digital installations, services and contingencies.
• Private companies and organizations: Especially those that offer services to the public, such as businesses, educational centers, hotels and hospitals, have the obligation to adapt their various digital installations and services.
• Educational and healthcare sector: Schools, universities, clinics and hospitals must meet specific requirements to ensure accessibility to the six facilities and services.

Specific Requirements of Decree 209/2023

Below, the specific requirements that must be met by the organizations and entities affected by Decree 209/2023 in Catalonia are detailed.

1. Accessibility in Physical Spaces

• Accés without barriers: Infrastructure and buildings must be designed to facilitate access to people with reduced mobility.
• Elements of orientation: It is obligatory to include visual and tactile information, with maps and information in Braille, to facilitate mobility in buildings.
• Adaptation of auxiliary services: Elevators, ramps and bathrooms must be accessible to people with physical disabilities.

2. Digital Accessibility

• Compliance with WCAG 2.1: The websites and mobile applications of the affected entities must comply with the WCAG 2.1 web accessibility guidelines, with a minimum level of AA compliance.
• Accessible Continguts: All documents and digital resources offered on the web must be accessible, including PDFs and videos with subtitles.
• Technological assistance: Organizations must implement assistance solutions to help users navigate their digital devices, with screen readers, color contrast adjustment and customizable font sizes.

3. Accessibility in Communication and Customer Service

• Staff training: Companies must train their staff to care for people with disabilities.
• Multi-channel care: Care services must be accessible on different channels, such as telephone, online and email, with special assistance for people with hearing or visual difficulties.

Terminis d’Implementation of Decree 209/2023

Decree 209/2023 has established an implementation calendar so that affected organizations can adapt to their environments and serve. The terms may vary depending on the type of organization and the supply of necessary adaptations:

• For public organizations: The term of adaptation is 1 to 2 years from the publication of the decree, depending on the available resources and the type of adaptations required.
• For the private sector: Large companies have a period of 2 years to implement accessibility measures, while SMEs have a more flexible period of up to 3 years to carry out adaptations.

Sanctions for non-compliance of Decree 209/2023

Organizations that do not comply with Decree 209/2023 may face sanctions and fines. These sanctions are designed to guarantee compliance with the regulations and may include:

• Economic fines: Fines may vary depending on the seriousness of the non-compliance, and range from minor sanctions to severe sanctions for repeated infringements.
• Temporary disqualifications: In serious cases, it is possible to disable the organization to operate for purposes that complete the accessibility requirements.
• Periodic inspections: Organizations are subject to periodic inspections to ensure that accessibility measures are maintained throughout the time.

Benefits of Compliment of Decree 209/2023

Compliance with Decret 209/2023 not only avoids sanctions, but also provides important benefits:

• Millora de l’experiència de l’uuari: L’accessibilitat facilitates navigation and the us of the services, improves the experience of the client.
• Increase supply and inclusion: By adapting services and products to the needs of people with disabilities, companies expand their audience and promote inclusion.
• Positive corporate reputation: Companies that comply with accessibility standards demonstrate their commitment to inclusion, which improves public image.

Steps to Adapt to Decree 209/2023

1. Carry out an accessibility audit: Identify the areas that require more both in the physical space and in the digital environment.
2. Design an accessibility plan: Establish a calendar and assign specific resources to adapt services and environments.
3. Train staff: Provide training to employees on the principles of accessibility and care for people with disabilities.
4. Implement better techniques: Ensure that web sites are complete with WCAG 2.1 and that physical installations remain accessible.
5. Monitor and update: Carry out periodic audits to guarantee the maintenance of accessibility conditions.

Concluded

Decree 209/2023 represents a fundamental step to achieve universal accessibility to Catalonia. Adapting to this decree is not only mandatory to avoid sanctions, but rather allows organizations to improve the inclusion and accessibility, benefiting a broad window of users and contributing to a more equitable society.

Compliance with these regulations will strengthen Catalonia’s commitment to accessibility and allow companies and public organizations to be more inclusive and accessible in 2024 and in all future years.