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, infrastructure, services and digital content, and covers everything from physical access to public buildings to web accessibility of digital services offered in Catalonia.

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

Objectives of Decree 209/2023

Decree 209/2023 pursues several essential objectives:

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

Who is affected by Decree 209/2023?

Decree 209/2023 mainly affects:

• Public bodies: City councils, municipal entities and other public administration institutions in Catalonia must guarantee the accessibility of their facilities, services and digital content.
• Private companies and organizations: Especially those that offer services to the public, such as shops, educational centers, hotels and hospitals, have the obligation to adapt their digital facilities and services.
• Educational and health sector: Schools, universities, clinics and hospitals must comply with specific requirements to ensure accessibility in their facilities and services.

Specific Requirements of Decree 209/2023

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

1. Accessibility in Physical Spaces

• Barrier-free access: Infrastructure and buildings must be designed to facilitate access for people with reduced mobility.
• Orientation elements: It is mandatory to include visual and tactile signage, such as maps and signage in Braille, to facilitate mobility within buildings.
• Adaptation of auxiliary services: Elevators, ramps and bathrooms must be accessible to people with physical disabilities.

2. Digital Accessibility

• WCAG 2.1 Compliance: Affected entities’ websites and mobile applications must comply with WCAG 2.1 web accessibility guidelines, with a minimum level of AA compliance.
• Accessible content: All documents and digital resources offered on the websites must be accessible, including PDFs and videos with subtitles.
• Technology assistance: Organizations should implement assistance solutions to help users navigate their digital services. This includes screen readers, adjustable color contrast, 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 should be accessible through different channels, such as telephone, online chat and email, with special assistance for people with hearing or vision difficulties.

Deadlines for Implementation of Decree 209/2023

Decree 209/2023 has established an implementation schedule for affected organizations to adapt their environments and services. Deadlines may vary depending on the type of organization and the extent of the necessary adaptations:

• For public organizations: The adaptation period 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 make adaptations.

Sanctions for Non-Compliance with Decree 209/2023

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

• Financial fines: Fines can vary depending on the severity of the non-compliance, and range from light to severe sanctions for repeated violations.
• Temporary disqualifications: In serious cases, the organization may be disabled from operating until it meets accessibility requirements.
• Periodic inspections: Organizations are subject to periodic inspections to ensure that accessibility measures are maintained over time.

Benefits of Compliance with Decree 209/2023

Complying with Decree 209/2023 not only avoids sanctions, but also provides important benefits:

• Improved user experience: Accessibility makes it easier to navigate and use services, improving the customer experience.
• Increased reach and inclusion: By adapting services and products to the needs of people with disabilities, companies expand their audience and boost inclusion.
• Positive corporate reputation: Companies that meet accessibility standards demonstrate their commitment to inclusion, which improves their public image.

Steps to Adapt to Decree 209/2023

1. Conduct an accessibility audit: Identify areas that require improvements in both the physical space and the digital environment.
2. Design an accessibility plan: Establish a schedule and allocate 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 technical improvements: Ensure that websites comply with WCAG 2.1 and that physical facilities are accessible.
5. Monitor and update: Carry out periodic audits to guarantee the maintenance of accessibility conditions.

Conclusion

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

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