Public sector bodies across the EU must make their websites and mobile apps accessible under the Web Accessibility Directive (Directive (EU) 2016/2102). The European Commission summarises the duties as accessible content, an accessibility statement, a feedback mechanism for users, and regular monitoring by each Member State, reported to the Commission every three years. What happens when a body does not comply is set by each country’s own rules. Here is what the official texts in Malta and Ireland actually say.
Monitoring comes first
In both countries a monitoring body tests a sample of public sector websites and apps every year, with largely automated ‘simplified’ checks and manual ‘in-depth’ reviews. In Ireland it is the National Disability Authority (NDA), named in S.I. No. 358 of 2020. In Malta it is the Malta Communications Authority (MCA), whose published process gives assessed bodies six months to fix the issues before a reassessment.
Malta: up to a €20,000 fine
Regulations 9 to 12 of Legal Notice 89 of 2019 set out the steps:
- The MCA investigates on its own initiative or after a written complaint, for example when a body did not answer an accessibility request adequately within 15 working days.
- The body has 15 days to reply and say how and when it will fix the problem; the MCA then decides on the remedial action and a time limit.
- If the body does not comply, it gets a final warning of up to 15 days, after which the MCA may publish its name and the decision.
- If it still does not comply and has not appealed, the MCA may impose an administrative fine not exceeding €20,000, after seven days for written submissions. A fine does not apply until the right of appeal to the Tribunal is exhausted or has lapsed.
Ireland: complaints under equality law
According to the NDA’s 2024 monitoring report, Ireland’s complaint and redress provisions are in Regulation 7(4)(c) of S.I. 358/2020, which refers to the Equal Status Act 2000 and the Disability Act 2005. Each accessibility statement must link to the right route: the Office of the Ombudsman (Disability Act) or the Workplace Relations Commission (Equal Status Act). The report notes that the Ombudsman received no complaints specific to the Directive in 2024 and that the NDA is not satisfied this reflects the lived experience of people with disabilities.
Published results and reputation
Results are public. The NDA’s report names bodies and their scores, and in Malta publishing a body’s name is a formal enforcement step. In Ireland’s 2024 monitoring, 66.7% of the websites and all of the mobile apps checked had no accessibility statement in line with the Directive. The biggest cost, though, falls on residents who cannot complete a form or read a document – and on the staff who then handle their calls.
What to do now
- Publish an up-to-date accessibility statement with a working feedback contact and a link to your complaints route.
- Answer accessibility requests on time.
- Fix PDF forms and documents first: PDF errors were the largest source of errors on 139 of 232 Irish sites reviewed.
- Check your website against WCAG 2.1 AA / EN 301 549 before the monitoring body does.
For the practical side, see our guide to making a website accessible for people with disabilities and what WCAG compliance means for public-sector organisations.