Accessibility has ceased to be a “nice-to-have” and has become a legal obligation and a business advantage. It is a source for public administration Directive (EU) 2016/2102 and Poland Digital Accessibility Act of April 4, 2019 (consolidated text: Journal of Laws 2023, item 1440) - they require the compliance of websites and mobile applications of public entities with the harmonized standard (EN 301 549) and the publication of accessibility declarations.

The private sector is taking an equally hard course thanks European Accessibility Act (EAA, Directive (EU) 2019/882). From June 28, 2025 many digital services sold to EU consumers - incl e-commerce, banking, sales platforms, e-books, telecommunications and transport services — must meet certain accessibility requirements. Member States have provided for supervision mechanisms and sanctions for non-compliance.

WCAG 2.2, EN 301 549 and law: how do they connect?

A practical reference point for the web is WCAG. In October 2023, W3C published WCAG 2.2 with nine new criteria (including Focus not obscured, Dragging movements, Target size (minimum), Accessible Authentication), which improve the real user experience, especially on mobile.

In Europe, legal requirements are associated with EN 301 549 (harmonized standard under Directive 2016/2102). Current, widely used version V3.2.1 incorporates WCAG 2.1 in full. An update of the standard that will refer directly to WCAG 2.2, takes place in the harmonization cycle; until publication in the Official Journal, variant z is still enforced WCAG 2.1. In other words: today you have to meet the minimum requirements WCAG 2.1 AA, and conscious brands are already implementing it WCAG 2.2 (forward-compatible) so as not to refactor in a moment.

What does this mean for new and modernized websites?

For public entities in Poland, the Act of 2019 applies directly (Journal of Laws of 2023, item 1440). It regulates, among others: requirements for websites and applications, content and publication accessibility declaration, monitoring and accountability of authorities. Parallel Act on ensuring accessibility for people with special needs organizes architectural, information, communication and digital accessibility in public entities. In areas that are not regulated in detail, it refers again to the Digital Act.

For business (sales to consumers in the EU) EAA shifts the burden from "good practice" to requirements. E-shops and purchasing processes - from listing, through shopping cart and payments, to customer service — they must be perceptible, operable, understandable and solid. There is a requirement for maintenance accessibility statements/ratings, team training and continuous monitoring. Yes: this is a permanent job, not a "one-time project".

Why is it worth implementing WCAG "for real" and not "on paper"?

  1. Legal and image risk — EU authorities have a duty to enforce "effective, proportionate and dissuasive" sanctions. It's not just about the fines themselves, but also about complaints, availability of competition and PR.
  2. SEO and performance — addressing accessibility issues early (semantics, heading order, media alternatives, focus management) improves indexability, Core Web Vitals and mobile conversion. (Here WCAG 2.2 adds real, measurable criteria for focus and touch elements).
  3. Market and tender compliance — EN 301 549 is the basis for requirements in public procurement (ICT). If your offer does not meet the standard, it may not pass pre-selection at all.

What actually needs to be included in the design and code?

  • Structure and semantics: valid HTML, logical H1–H6, landmarks (header/nav/main/footer), alternatives for images and multimedia; forms with labels and validation, "programmatically determinable" error messages. This is the core of WCAG.
  • Keyboard and focus: full keyboard operation, visible focus, no "traps". The new 2.2 raises the bar: not obscuring focus i minimal focus look eliminate popular "dark patterns" in the UI.
  • Touch and targets: Target Size (Minimum) and Dragging Movements — clickable elements must be of a reasonable size and an alternative to "dragging", which especially applies to filters, sliders and tabs on mobile.
  • Authentication: Accessible Authentication requires that login/2FA not rely solely on hard-to-reach cognitive tasks (e.g. CAPTCHA with no alternative).
  • Content not marked with an exception: documents, media and embedded components must be accessible as well as the website (this is a common point of audits). In the public sector, there are formal requirements for declarations.

What about "paperwork"?

The EU adopted model accessibility declaration and monitoring methodology for the public sector; in Poland, they result from the 2019 Act and implementing acts. In practice, this means that the service must:

  • maintain and update accessibility declaration in a visible place,
  • have problem reporting mechanism and requests to ensure accessibility,
  • be ready for monitoring authorities and reporting. W3C

In business (EAA), the burden of documentation is conformity assessment, information about the availability of the service, and for marketplaces - also providing information about the availability of products from manufacturers. From our implementations: "closing" takes the most work purchasing processes and customer serviceto be available from A to Z.

PixelShark: how we deliver availability

In PixelShark we design, audit and implement end-to-end accessibility - from legal and normative analysis, through a design system compliant with WCAG 2.2/EN 301 549, to frontend refactoring, tests with assistive technologies and team training.

  • Public: implementation for entities covered by the 2019 Act (WCAG 2.1 AA + declaration + monitoring).
  • Private/E-commerce: preparation for EAA 2025 — accessible shopping cart, payments, customer service, documentation and continuous monitoring mechanisms.
  • Future-proof: we design immediately WCAG 2.2so that your website does not require another expensive "upgrade" next year.

What will you gain by implementing accessibility with us?

  • Legal compliance and peace of mind in the event of an inspection.
  • Greater conversion and better UX on mobile (fewer abandoned carts).
  • Better SEO thanks to semantics, correct navigation and alternative content.
  • Lower maintenance costs — system design and automatic tests replace “firefighting”.

If your organization is planning a new website or modernization - let's get it right right away: WCAG 2.2 / EN 301 549, with full legal support of the EAA and Polish regulations.

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Sources and legal basis

  • Directive (EU) 2016/2102 – availability of websites and apps of public entities; accessibility definition and implementation requirements.
  • Act of April 4, 2019 on digital accessibility (consolidated text: Journal of Laws 2023, item 1440) – obligations in Poland: requirements, declaration, monitoring.
  • Act of July 19, 2019 on ensuring accessibility for people with special needs – horizontal framework, reference to the Digital Act.
  • EN 301 549 V3.2.1 – European accessibility standard (including WCAG 2.1).
  • WCAG 2.2 (W3C/WAI) – new criteria: focus, dragging motion, touch targets, login.
  • European Accessibility Act (2019/882) – application to digital services from 28.06.2025; EC/Accessible-EU sources.