WebInclusiveby Giuseppe Stumbo

Accessibility obligations: cases and documents

Cases for companies, public bodies and suppliers: reference documents, conditions, exemptions and contractual requests.

Which obligation and which document

First establish who provides the service, what it offers and to whom. Legal form, an Italian registered office or having a website are not enough to establish obligations. Customer or procurement requirements are a separate context.

  • Businesses offering consumer services — D.Lgs. 82/2022 (EAA)

    Who it applies to
    Providers of consumer-facing e-commerce (B2C), consumer banking services, e-books and dedicated software, electronic communications and access to audiovisual media. For passenger transport: the digital elements listed in art. 1, comma 3, lettera c). Examples: a shop selling online to individuals, a bank serving private customers, a publisher selling e-books.
    Document
    Information on service accessibility: art. 12 and Allegato IV of D.Lgs. 82/2022, in the general terms and conditions or an equivalent accessible document.
    Conditions to check
    Applicable from 28 June 2025, subject to transitional provisions. Microenterprises providing services are exempt: fewer than 10 employees and annual turnover or annual balance sheet total not exceeding EUR 2 million. A presentation-only website or exclusively B2B service does not automatically fall within the e-commerce category. ACRs and Allegato 2 do not replace these obligations.

  • Large private operators — Legge 4/2004, art. 3, comma 1-bis

    Who it applies to
    Private entities offering services to the public through websites or apps with average turnover exceeding EUR 500 million over the last three years of activity. This may be a company, an individual carrying out economic activity or a third-sector entity with economic/commercial activity subject to VAT. Sectors cited by AgID include energy, postal services, healthcare and e-commerce.
    Document
    Accessibility statement: AgID model for private entities, when this regime applies.
    Conditions to check
    Both public services through a website or app and the turnover threshold must apply. Being an Srl or SpA alone does not determine the obligation. For services governed by D.Lgs. 82/2022, AgID clarifies that these operators follow the decree's information obligations and do not submit the statement under this regime.

  • Public administrations — Legge 4/2004, art. 3, comma 1

    Who it applies to
    Public administrations, such as municipalities, regions, ministries, state schools and public health authorities, for their websites and apps. The turnover threshold for large private entities does not apply.
    Document
    Self-assessment (Allegato 2); accessibility statement on form.agid.gov.it.
    Conditions to check
    The public statement is separate from self-assessment and must be reviewed by 23 September each year. Legge 4/2004 provisions remain applicable to public administrations, as AgID clarifies regarding its relationship with D.Lgs. 82/2022.

  • Concession holders and other entities under art. 3, comma 1 — Legge 4/2004

    Who it applies to
    Beyond public administrations, the law includes public economic bodies, private public-service concession holders, regional municipal companies, public assistance and rehabilitation bodies, majority publicly owned transport or telecommunications companies, IT service contractors, bodies governed by public law and entities receiving public funding or concessions to provide services through information systems or the internet.
    Document
    Accessibility statement using the AgID model applicable to the entity, supported by assessments of the relevant IT systems.
    Conditions to check
    This group is separate from large private entities under comma 1-bis: the EUR 500 million threshold is not the inclusion criterion. Establish the legal category and service concerned before choosing a model; public funding for other activities must not automatically be equated with the funding envisaged by the law.

  • Manufacturers, importers and distributors — EAA products

    Who it applies to
    Operators placing on the market or distributing products under art. 1, comma 2, of D.Lgs. 82/2022: consumer general-purpose computer systems, payment terminals and other self-service terminals covered by the decree, interactive equipment for electronic communications or access to audiovisual media, and e-readers.
    Document
    For manufacturers: technical documentation, conformity assessment, EU declaration of conformity and CE marking. Importers and distributors have their own verification obligations.
    Conditions to check
    Distinguish the operator's role and product category. The exemption for microenterprises providing services is not a general exemption for products. An ACR does not replace the EU declaration of conformity.

  • ICT suppliers to US federal agencies — Section 508

    Who it applies to
    Businesses supplying software, websites, documents, hardware or other ICT products and services to US federal agencies, including businesses based in Italy. Section 508 obligations apply to the agency; supplier requirements are defined in the contract.
    Document
    ACR using the 508 edition of VPAT, if requested by the customer.
    Conditions to check
    Read the Section 508 requirements and contract conditions. This is not a general obligation for everyone selling in the USA and does not demonstrate ADA compliance.

  • ICT suppliers with EN 301 549 requirements — ACR EU

    Who it applies to
    Businesses whose customer or specification requires documentation of ICT product or service accessibility against EN 301 549. For example, a software vendor bidding to supply a European public body.
    Document
    ACR using the EU edition of VPAT.
    Conditions to check
    The contractual request defines the product, standard version and scope. The EU edition is not general certification for every European business and does not fulfil all EAA obligations.

  • ICT suppliers with multiple-standard requirements — ACR INT

    Who it applies to
    Businesses responding to a customer or tender with combined WCAG, Section 508 and EN 301 549 requirements. For example, a supplier offering the same software to European and US federal customers.
    Document
    ACR using the INT edition of VPAT.
    Conditions to check
    State applicable requirements, versions and outcomes separately. INT does not mean certification valid in every country.

  • Suppliers with WCAG-only requirements — ACR WCAG

    Who it applies to
    Businesses or other entities whose customer requests a report based solely on WCAG criteria. This might be a software company whose client requests accessibility evidence for a website it developed.
    Document
    ACR using the WCAG edition of VPAT.
    Conditions to check
    Agree the WCAG version and level, product and scope. WCAG is an international technical reference, not legislation directed at a specific business category.

  • Those without assessment results yet

    Who it applies to
    Any business or organisation that needs to document accessibility but has not yet assessed the relevant product or service.
    Document
    Start with the technical report.
    Conditions to check
    Define applicable requirements and carry out tests. The report collects the evidence needed for documents without replacing publication obligations or justifying missed deadlines.

Italian businesses: obligations and documentation

Being based in Italy alone does not determine the obligation. The offered service or product and the scope of the applicable legislation matter.

  • EAA services

    Assess the service and publish the required information

    D.Lgs. 82/2022 applies from 28 June 2025 to services under art. 1, comma 3: consumer-facing e-commerce, consumer banking services, e-books, electronic communications, access to audiovisual media and certain elements of passenger transport.

    • Check general and specific requirements, exemptions and transitional provisions. Microenterprises providing services are exempt: fewer than 10 people and annual turnover or annual balance sheet total not exceeding EUR 2 million.
    • Make the service, website or app and related information accessible; document checks and correct non-conformities.
    • Include an accessible description of the service, its operation and how it meets applicable requirements in the general terms and conditions or an equivalent document: art. 12 and Allegato IV.
    • Make the information publicly available in accessible written and oral form and retain it for as long as the service operates. Maintain conformity over time; in the event of non-conformity, correct the service and immediately inform the competent authorities under art. 12, comma 5.
  • Legge 4/2004

    Private-sector statements have a specific scope

    For private entities under art. 3, comma 1-bis, offering services to the public through websites or apps and exceeding EUR 500 million average turnover over the last three years, check whether the AgID private-sector guidelines apply.

    • When this regime applies, use the private-sector statement model, separate from the public administration model, and publish it with the required website or app link.
    • AgID clarifies that these entities do not submit a Legge 4/2004 statement for services governed by D.Lgs. 82/2022: they follow the decree's information obligations.
    • A business website is not automatically subject to the EAA merely because it is online: check the service category and other relevant statutory or contractual obligations.
  • EAA products

    Products have different obligations from services

    If the business manufactures, imports or distributes a product covered by art. 1, comma 2, check the obligations of its role. Manufacturers must provide technical documentation, conformity assessment, an EU declaration of conformity and CE marking.

    • The exemption for microenterprises providing services is not a general product exemption.
    • An ACR can describe technical results but does not replace the product's EU declaration of conformity.

Public administration: self-assessment and accessibility statement

AgID Allegato 2 is a technical evaluation model. The public statement for the website or app is completed separately on the AgID platform.

  • Evaluation

    Annex 2: collect technical results

    The AgID template helps determine conformance status. It records the evaluated product, date, methodology, standard, responsible person and results against applicable requirements.

    • Connect evaluations to evidence and the tested scope.
    • An ACR can provide evidence, but is not a mandatory step for public-sector bodies.
  • Publication

    Accessibility statement: complete the public document

    Italian public-sector bodies complete a statement at form.agid.gov.it for each website or app. It records conformance status, inaccessible content and reasons, feedback methods and the enforcement procedure.

    • Annex 2 is not the statement to publish.
    • For websites, link the statement from the footer; for apps, from the store information and the public body’s website.
  • Review

    Review the statement by 23 September

    Each year, Italian public-sector bodies review the information and update it when necessary. A substantial change to the website or app requires checking that the statement still reflects the actual situation.

    • Keep evaluation results and dates.
    • Update the public text when conformance status or the information declared changes.

Official sources

Legislation, models and instructions to consult when completing the documents.