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Website accessibility: when the law actually requires it

A website is considered accessible when it meets WCAG 2.1 level AA, the technical standard referenced both by Italy's Legge Stanca and by AgID's new 2026 guidelines. But the question that matters most to a business is usually a different one: am I required to reach it? The answer depends on two different regimes, with very different thresholds, and most SMEs actually fall under only one of the two, not both and not neither.
Legge Stanca only binds private entities above 500 million in turnover
Law 9 January 2004, no. 4, known as Legge Stanca, was written for public administration. A paragraph added in 2020 (art. 3, paragraph 1-bis, introduced by the Simplification decree, Decree-Law 76/2020, converted into Law 120/2020) extended its scope to private entities offering services to the public through websites or apps, but only if their average turnover over the last three financial years exceeds 500 million euros (source: Law 4/2004, art. 3, current text on Normattiva, checked 4 August 2026). It's a threshold aimed at large companies: the vast majority of Italian SMEs, including mid-to-large ones, fall outside this specific obligation.
The obligation that actually reaches SMEs comes from a different law
The regime that touches smaller companies isn't Legge Stanca, it's Legislative Decree 27 May 2022, no. 82, which transposes European directive 2019/882, the European Accessibility Act. Here turnover doesn't matter, the sector does. The obligations apply from 28 June 2025 (source: Legislative Decree 82/2022, art. 1, and EU Directive 2019/882, art. 2, checked 4 August 2026) to anyone providing, among others:
- e-commerce
- consumer banking services
- electronic communication services
- services giving access to audiovisual media
- passenger transport, including websites, apps and electronic ticketing
- e-books
If your business falls into one of these six categories, the obligation doesn't depend on how much you turn over: it depends on what you sell or provide online.
The microenterprise exemption only covers services
There is an exception, but it's narrower than many summaries floating around suggest. Article 3, paragraph 3 of the decree exempts microenterprises, companies with fewer than 10 employees and annual turnover or balance sheet not exceeding 2 million euros, from accessibility requirements, but only for the services they provide (source: Legislative Decree 82/2022, arts. 2 and 3, checked 4 August 2026). If that same microenterprise places a product covered by the decree on the market, for instance a hardware device, that product doesn't get the same automatic exemption: it can only invoke, like any other company, the disproportionate burden clause, with the sole advantage of not having to document that assessment in writing.
What it means, in practice, for a website to be accessible
Both Legge Stanca and the new guidelines for private services, adopted by AgID on 4 March 2026 and published in the Official Gazette on 24 March 2026, point to the same technical standard: WCAG 2.1 level AA (Web Content Accessibility Guidelines), organised around four principles remembered by the acronym POUR: perceivable, operable, understandable, robust (source: AgID's technical guidelines on the accessibility of IT tools, checked 4 August 2026). It isn't a level reached by installing a plugin: the March 2026 guidelines call for a review against a structured checklist, not a single automated scan. An automated tool helps spot some of the issues, but doesn't replace that review.
What a business risks if it doesn't comply
| Who | Rule | Fine |
|---|---|---|
| Private entities with average turnover over 500 million euros | Art. 9, paragraph 1-bis, Law 4/2004 | Up to 5% of annual turnover |
| Operators in the six sectors covered by the EAA | Art. 24, paragraph 1, Legislative Decree 82/2022 | 5,000 to 40,000 euros |
| Failure to cooperate with the supervisory authority | Art. 24, paragraphs 2 and 3, Legislative Decree 82/2022 | 2,500 to 30,000 euros |
AgID oversees both fronts, and since 15 May 2026 it also has its own operating regulation for establishing violations and applying fines (provision no. 84/2026), plus a dedicated reporting platform, linked from AgID's official accessibility page, for anyone who runs into a non-compliant website. These aren't tools announced for the future: they're already running.
Where to start
Before worrying about technical compliance, the first question is simpler: does your website or app fall into one of the six sectors of the European Accessibility Act, or does your average turnover exceed 500 million euros? If the answer to both is no, you don't have a specific legal obligation today, though all the non-legal reasons why a more accessible website works better for everyone who uses it still stand. If the answer is yes, and you're not a microenterprise exempt on services, it's worth finding out where your website stands against WCAG 2.1 AA before a report or an inspection arrives.
If you'd like to work out where your website stands, both on the obligation and on how it's built today, it can be part of the digital check-up, alongside everything else. Otherwise write to me: a couple of lines on what your business does online are enough to tell right away whether you fall into one of the six sectors.