Accessible PDFs for public sector bodies in Austria and Germany

Not legal advice. Which rules apply to your organisation depends on whether it belongs to the federal, state/provincial or local level, and that needs assessing case by case with a qualified adviser. English names of national laws and bodies are our own descriptive translations.

The Web Accessibility Directive (EU) 2016/2102

The basis is Directive (EU) 2016/2102 on the accessibility of the websites and mobile applications of public sector bodies. It applies independently of the European Accessibility Act, which targets businesses. Under the Directive, content has to be perceivable, operable, understandable and robust. Conformity is presumed where harmonised standards published in the Official Journal of the EU are met. In practice that is EN 301 549, which applies the WCAG criteria to documents. PDFs offered on a website are part of its content.

Deadlines

Websites published on or after 23 September 2018 have had to be accessible since 23 September 2019, all other websites since 23 September 2020. For mobile applications the obligation has applied since 23 June 2021. No transitional periods are left, and new PDFs must be published in an accessible form.

Exemptions relevant to PDFs

The Directive excludes certain content. In Austria's implementation (section 2(3) WZG) these include:

• office file formats published before 23 September 2018, unless they are needed for active administrative processes,
• archives that are not needed for active administrative processes and have not been updated or edited after 23 September 2019,
• third-party content that the public body neither funds, develops nor controls,
• reproductions of items in heritage collections that cannot be made fully accessible,
• content whose accessibility would impose a disproportionate burden (to be justified in the accessibility statement).

The proviso about active administrative processes is easy to miss. An old application form that is still in use is not exempt, however old it is. Germany takes a different line: the list of exemptions in BITV 2.0 (section 2(2)) has no general exemption for older office file formats. It does exclude, among other things, archives that are neither needed for active administrative processes nor updated since 23 September 2019.

Accessibility statement and feedback mechanism

Every public sector body must publish an accessibility statement based on the model in Commission Implementing Decision (EU) 2018/1523. The statement lists inaccessible content with reasons and alternatives. It provides a feedback mechanism through which users can report barriers and request accessible versions, and it links to the enforcement procedure.

For PDFs this has practical consequences. Known shortcomings (untagged legacy forms, for instance) belong in the statement, and anyone asking for an accessible version must get a prompt answer.

Monitoring

Member states monitor their public sector bodies using the methodology of Implementing Decision (EU) 2018/1524 and report to the Commission regularly. The sample checks also cover downloadable documents. Audit reports and statements are public, so missing or poor PDF accessibility tends to show up quickly.

Austria: the WZG and provincial laws

At federal level, the Web Accessibility Act (Web-Zugänglichkeits-Gesetz, WZG), Federal Law Gazette I No. 59/2019, applies. It covers websites and mobile apps of the federal government and of bodies acting in the general interest that are mainly financed or supervised by the federal government (section 2(1)). Websites of schools, kindergartens and nurseries are excluded unless they concern essential online administrative functions.

The accessibility statement under section 4 WZG must be detailed, up to date, accessible itself and reachable from the home page. Reports of shortcomings must be examined. Within two months the body informs the user of the outcome and any measures taken, and requests about exempt content must also be answered within two months.

Monitoring and complaints are handled under section 5 WZG by the Austrian Research Promotion Agency (FFG). It monitors periodically, receives complaints via an electronic form and issues recommendations. Every three years it prepares a report for the European Commission.

Provincial and municipal bodies are covered by the provincial laws of the nine federal provinces. These implement the Directive to an equivalent standard but have their own arrangements for monitoring and complaints.

BGG, BITV 2.0 and state law in Germany

For federal public bodies, the obligations are set out in sections 12a to 12c of the Disability Equality Act (BGG). The BITV 2.0 regulation specifies them.

• Scope (section 12a BGG): websites and mobile apps, including those for staff (intranet). Electronically supported administrative processes, including electronic files, had to be made accessible step by step, by 23 June 2021 at the latest.
• Requirements (section 3 BITV 2.0): presumption of conformity for harmonised standards, otherwise the state of the art. For central navigation, forms and authentication and payment processes, the highest possible level of accessibility should be sought.
• Accessibility statement (section 12b BGG, section 7 BITV 2.0): with a feedback option and a reference to the conciliation procedure under section 16 BGG. Enquiries must be answered within one month. The statement must be updated annually and after significant changes.
• Easy Language and sign language (section 4 BITV 2.0): additional explanations on the home page.
• Monitoring: the Federal Monitoring Body for Accessibility of Information Technology is based at the Federal Accessibility Agency (Bundesfachstelle Barrierefreiheit, part of Deutsche Rentenversicherung Knappschaft-Bahn-See) under section 13(3) BGG.

State authorities and municipalities fall under the state equality acts and associated regulations, each with its own monitoring body. In substance they also follow EN 301 549.

Which PDFs are typically affected

Working through the backlog

Over the years, a public body's websites, portals and intranet tend to collect a lot of PDFs. They do not all need the same treatment. A sensible order:

1. Build an inventory of all PDFs, with publication date, usage figures and purpose.
2. Deal with forms and documents used in active processes first, then frequently accessed information, and rarely used content last.
3. Clean up: remove outdated documents or mark them as archived where the exemption applies. Content that could be an HTML page is often better off there.
4. Use a PDF/UA check to find technical gaps such as missing tags, title or language, and cover the manual points with the checklist.
5. Set up office templates and the output modules of case management software so that new PDFs come out tagged. Accessibility also belongs in procurement requirements.
6. Give PDFs without a source file a base structure through tagging after the fact, then complete it manually.
7. Disclose remaining shortcomings in the accessibility statement and answer requests for accessible versions on time.

EasyPDFUA is suited to a quick technical inventory and to conservative tagging (basic tags, title, language, links, fonts/Unicode). Form fields, complex tables and alternative text usually have to be handled manually or in the source. A report replaces neither an EN 301 549 audit nor the accessibility statement.

Publicly owned companies that provide services to consumers, for example in passenger transport, are a special case. The BaFG in Austria or the BFSG in Germany may apply to them as well.

Frequently asked questions

Do public bodies have to make all PDFs accessible?

In principle yes, insofar as the PDFs are offered on websites or in mobile apps of public sector bodies. Exemptions include office file formats published before 23 September 2018 that are not needed for active administrative processes, and certain archives. Germany's BITV 2.0, however, has no general exemption for older office file formats.

Who monitors public sector web accessibility in Austria?

At federal level, the Austrian Research Promotion Agency (FFG), as laid down in the Web Accessibility Act. It monitors compliance, receives complaints and reports to the European Commission. Provincial bodies are covered by provincial laws.

Who monitors in Germany?

For federal authorities, the Federal Monitoring Body for Accessibility of Information Technology at the Federal Accessibility Agency. State and municipal authorities are monitored by the bodies of the individual states.

What belongs in the accessibility statement?

The compliance status, the inaccessible content with reasons and alternatives, a feedback mechanism for reporting barriers, and a reference to the enforcement or conciliation procedure.

Is it enough to provide an accessible version on request?

Only for content that is exempt or justified as a disproportionate burden. For all other documents, a version on request does not replace publishing them in an accessible form.