The Stanca Act (Italy)

What is the Stanca Act?

The Stanca Act, also known as Law no. 4 of 9 January 2004, is Italy’s digital accessibility law. It regulates the way government entities offer equal access to information and services to individuals, regardless of disability, as stated by Article 3 of the Italian Constitution. It defines accessibility as “the ability of computer systems including websites and mobile applications, in the forms and within the limits allowed by technological knowledge, to provide services and provide usable information, without discrimination, even by those who, due to disability, need assistive technologies or particular configurations.”

Who is affected by the Stanca Act ?

The Stanca Act applies to several types of organizations: 

• Public administrations
• Public services
• Regional municipal companies
• Organizations for public assistance and rehabilitation
• Transport and telecommunications companies
• IT contractors for public law bodies
• Organizations recipient of public funding
• “Legal entities which offer services to the public through websites or mobile applications, with an average turnover, in the last three years of activity, exceeding 500 million euros.”

These are established based on other legal texts such as 

• Paragraph 2 of article 1 of the legislative decree of 30 March 2001, no. 165 which defines public administrations; or
• Article 2(1)(4) of Directive 2014/24/EU of the European Parliament and of the Council, of 26 February 2014 which outlines what bodies governed by public law means.

What are the Stanca Act's requirements?

Article 3a of the Stanca Act lists the general principles for accessibility and although it does not specifically mention the WCAG, the law states that “websites and mobile applications of the providers, are accessible if they are perceptible, usable, understandable and solid,” in other words, the WCAG’s principles, namely perceivable, operable, understandable, and robust. In addition, Article 11 sets forth the technical requirements for accessibility. Covered entities have to ensure the accessibility and usability of the information through ease and simplicity of use, efficiency, effectiveness, and satisfaction in use. In layman’s terms, the Stanca Act establishes that covered entities have to ensure that their websites and mobile apps meet the WCAG 2.1 Level AA standard, as outlined in the European Standard, EN 301 549.

How is the standard enforced? 

The Agency for Digital Italy (AgID) is the regulatory authority that monitors the implementation of the Stanca Act. In addition, the AgID oversees violations of the law, sets deadlines for correcting violations, and applies administrative sanctions.

What are the costs associated with non-compliance?

The AgID applies administrative sanction up to 5 percent of turnover in cases where violations are not corrected within the given timeframe. 

How can Clym help?