Lawsuits against giants. Is this the only way to digital accessibility in Poland?

In today’s digital world, accessibility is becoming not only an ethical issue, but also a business necessity. More and more often, we hear about regulations that are intended to force companies to adapt their services to the needs of all users, regardless of their situation. However, in Poland, as in the West, will lawsuits be the only effective way to achieve real change?

Cezary Tomczyk talks about the problem of digital accessibility on the YouTube channel “MomenTy”, accessibility expert, owner of SiteLint, cooperating with companies such as Apple, Google, Microsoft and Oracle.

FULL CONVERSATION:

Digital accessibility not only for people with disabilities

The expert emphasizes that digital accessibility is a much broader concept than just facilities for people with disabilities. – Digital means accessibility such that we create products and services that everyone can use regardless of these situations – he explains. These are situations in which each of us may encounter difficulties in using digital content – from problems with high contrast to flashing elements on the page that can cause frustration. – This can affect anyone today, tomorrow, the day after tomorrow, anyone can jump into the same thing – he adds.

Despite growing awareness and regulations, Polish companies, especially large ones, still struggle with the problem of lack of decision-making when it comes to implementing accessibility. Tomczyk points out that often engineers and lower-level managers are aware of the problem, but “there is no green light from the top because the value is not visible.” The expert does not hesitate to call it a “lack of knowledge, maybe we could even call it ignorance”, resulting from a lack of empathy and understanding that each of us may find ourselves in a situation that requires adapted solutions.

Lawsuits as a catalyst for change?

In the United States and Western Europe, where laws are more restrictive, lawsuits have become a powerful tool for forcing change. Cezary Tomczyk cites the example of Netflix, which, after being sued for unavailability of content, suddenly “found opportunities” and began to implement solutions. In Poland, although regulations such as the Digital Accessibility Act and the European Accessibility Act exist, their enforcement is problematic.

– You can add a penalty of up to 4% of the annual turnover for the last year, but let’s agree. This will never happen, says Tomczyk, pointing to “sychology” and the lack of legal basis for effective action. In his opinion, the only effective way to bring about real changes in Poland is the “court route”.

Appeal to law firms: Feel the business!

In the conversation, Cezary Tomczyk appealed to law firms: “I encourage all law firms to look for solutions.” He compares the current situation to the one from years ago in the insurance industry, where law firms, by intervening between the insurer and the client, have civilized the market.

– If law firms see business in this – and I see great potential here and I see nothing wrong with it – then I believe that lawsuits from which they would make money, although it sounds controversial, would benefit everyone – he argues.

In his opinion, lawsuits, although they have negative connotations, have a noble goal. “If you can make money from it and benefit people, why not do it?” Tomczyk believes that legal pressure, and not just requests and conferences, will force banks, telecoms and other corporations to introduce real changes.

Benefits of accessibility: PR, loyalty and millions of customers

Implementing accessibility not only helps avoid lawsuits, but also provides measurable business benefits. Companies that will be the first to focus on full accessibility will benefit “very well in terms of PR”. Moreover, available customers become loyal and attract new ones.

– We are talking about 15% of society, about 5 million people. This is a real group. Large corporations are all about numbers, so the message is simple: you potentially have 5 million customers. Is it worth it? This is a significant scale, emphasizes Tomczyk.

For companies looking to start their accessibility journey, Tomczyk recommends starting by finding a company that specializes in digital accessibility. The key is to strive for the WCAG 2.1 Level AA standard, which includes 83 success criteria. It is also important to monitor progress and create ACR (Accessibility Compliance Report) reports.

The expert points out simple steps that can be taken to start with: checking alternative descriptions for images, the ability to use the application with a keyboard and a responsive website design. It also highlights the importance of automated testing, which, while not covering all aspects, is a good starting point.

The future in real-time monitoring

Cezary Tomczyk sees the future of accessibility in real-time monitoring. His startup SiteLint offers solutions that allow for audits when a user interacts with a website.