International Laws

Canada has taken significant steps to ensure accessibility across various sectors, including technology. The Accessible Canada Act (ACA), which came into effect in 2019, aims to create a barrier-free Canada by 2040.

While the ACA doesn't explicitly mention self-service kiosks, its broad scope includes provisions that can be applied to these devices, like the requirement for organizations to identify, remove, and prevent barriers in areas such as information and communication technologies.

The ACA is enforced through a multi-faceted approach:

• Proactive Compliance: The Accessibility Commissioner, part of the Canadian Human Rights Commission, conducts inspections and can issue compliance orders.
• Complaints Process: Individuals can file complaints about accessibility barriers, which may lead to investigations and orders for corrective measures.
• Monetary Penalties: For serious or repeated violations, administrative monetary penalties can be imposed, with fines up to $250,000 CAD.
• Compliance Agreements: Organizations may enter into compliance agreements to address violations without further penalties.

In addition to the federal ACA, several Canadian provinces have their own accessibility laws, such as Ontario's Accessibility for Ontarians with Disabilities Act (AODA) and Manitoba's Accessibility for Manitobans Act (AMA). These provincial laws may have more specific requirements for kiosk accessibility within their jurisdictions.

Organizations deploying kiosks in Canada should consider both federal and provincial requirements to ensure compliance and provide accessible services to all users.

The European Union has taken a comprehensive approach to accessibility with the European Accessibility Act (EAA), which was adopted in 2019 and allows for a transition period through June 2025, giving businesses time to adapt their products and services to meet the new requirements.

The EAA sets accessibility requirements for a wide range of products and services, including self-service terminals.

Key provisions of the EAA that apply to self-service kiosks include:

• Requirements for making information perceivable, operable, understandable, and robust for users with disabilities.
• Specific technical requirements for user interfaces and functionality design.
• The provision of alternatives to biometrics-based services.
• Ensuring compatibility with assistive technologies.

The EAA will apply to all EU member states, creating a harmonized set of accessibility rules across the European market. This standardization will make it easier for organizations to deploy accessible kiosks throughout the EU, as they can adhere to a single set of requirements.

However, it's important to note that individual EU countries may have additional national laws that complement the EAA. Organizations should be aware of both EU-wide and country-specific regulations when implementing kiosks in Europe.

The EAA establishes several enforcement mechanisms across EU member states, which must report on implementation to the European Commission. These include market surveillance by national authorities, corrective actions for non-compliance, penalties for infringements, and consumer rights to legal action.

While the EAA provides a framework for enforcement, the specific implementation and enforcement mechanisms may vary somewhat between EU member states.

Following its exit from the European Union, the United Kingdom continues to enforce the Equality Act 2010 as its primary legislation for preventing discrimination and promoting equality.

While this act doesn't specifically mention self-service kiosks, it requires service providers to make reasonable adjustments to ensure that people with disabilities can access their services.

Key aspects of the Equality Act that apply to kiosk accessibility include:

• The duty to make reasonable adjustments to policies, practices, and physical features to avoid putting disabled people at a substantial disadvantage.
• The requirement to provide auxiliary aids or services to enable disabled people to use a service.
• The prohibition of discrimination in the provision of services, which can include those offered through self-service kiosks.

The Equality Act 2010 is enforced through multiple channels in the UK. The Equality and Human Rights Commission (EHRC) has investigative powers and can take legal action in serious cases.

Individuals can also bring discrimination cases to court or employment tribunals. County Courts handle service-related cases, while Employment Tribunals deal with work-related issues. Additionally, various ombudsmen can investigate complaints about public services.

Penalties for non-compliance can include compensation payments to affected individuals, mandatory changes to policies or practices, and reputational damage. The focus is often on resolution and improvement rather than punishment, but serious or persistent breaches can result in significant financial and legal consequences.

Organizations should proactively ensure compliance to avoid these potential issues and to genuinely meet the needs of all users.

Australia's Disability Discrimination Act 1992 (DDA) is a comprehensive law that prohibits discrimination against people with disabilities in various areas of public life, including access to goods, services, and facilities.

While the DDA doesn't explicitly mention self-service kiosks, its broad provisions can be interpreted to include these devices.

Key aspects of the DDA that may affect kiosk accessibility include:

• The requirement for equal access to goods, services, and facilities.
• The prohibition of discrimination in the provision of goods and services.
• The obligation to make reasonable adjustments to accommodate people with disabilities.

In addition to the DDA, Australia has developed the Disability (Access to Premises – Buildings) Standards 2010, which provides specific technical requirements for accessibility in buildings.

While these standards don't directly address kiosks, they can provide guidance on aspects such as reach ranges and clear floor space that may be relevant to kiosk installations.

The Australian Human Rights Commission (AHRC) primarily enforces the DDA through various mechanisms. These include handling complaints, facilitating conciliation, and supporting legal action if necessary. The AHRC also conducts compliance reviews, provides guidelines, and raises awareness through education programs.

While the government can create legally binding Disability Standards, the DDA itself doesn't explicitly mention kiosks. However, these enforcement mechanisms would apply to any discrimination complaints related to inaccessible kiosks, as they fall under the broader scope of ensuring equal access to services for people with disabilities.

In Japan, the Act on the Elimination of Discrimination against Persons with Disabilities, which came into effect in 2016, prohibits discrimination based on disability and requires public and private entities to provide reasonable accommodations.

While this act doesn't specifically mention self-service kiosks, its provisions can be interpreted to include these devices, especially when they are used to provide public services. The act encourages:

• The removal of social barriers for people with disabilities.
• The provision of reasonable accommodations in various settings.
• The promotion of an inclusive society.

In addition to this act, Japan has guidelines for accessible digital design, such as the Japanese Industrial Standards for accessibility (JIS X 8341-3), which can provide technical guidance for making kiosks accessible.

Japan enforces its accessibility laws through various mechanisms. Government agencies can issue recommendations or warnings to non-compliant organizations. The law establishes a system for handling complaints and mediating disputes. The government also conducts periodic reviews and reports on the act's implementation, creating public pressure for compliance.

While not strictly enforcement, voluntary certification programs for accessible design incentivize compliance. Civil lawsuits are possible in discrimination cases, though less common in Japan. Overall, enforcement often relies more on social pressure and voluntary compliance rather than punitive measures. The government's approach typically focuses on education, awareness, and gradual improvement rather than strict penalties.

Organizations implementing kiosks in Japan should strive to meet accessibility standards not just for legal compliance, but also to align with societal expectations and to demonstrate corporate social responsibility.

South Korea has been proactive in addressing the rights and needs of people with disabilities. The Act on Welfare of Persons with Disabilities includes provisions for accessibility in public facilities and services, which can be interpreted to include self-service kiosks.

Key aspects of this act that may affect kiosk accessibility include:

• Requirements for accessibility in public facilities
• Provisions for equal access to information and communication
• The promotion of universal design principles

In addition to this act, South Korea has developed guidelines for web and mobile accessibility, which, while not directly applicable to kiosks, can provide valuable insights for creating accessible user interfaces.

South Korea enforces its accessibility laws in several ways with the Ministry of Health and Welfare overseeing implementation. Non-compliant organizations may face fines or penalties. The government has established certification programs for accessible facilities and services, conducts regular evaluations, and maintains a complaint system for individuals to report inaccessible services.

Public awareness campaigns and collaboration with disability rights organizations further promote compliance. These combined efforts create a comprehensive system to ensure accessibility standards that apply to self-service kiosks are met.

Israel's Equal Rights for Persons with Disabilities Law, enacted in 1998 and subsequently amended, aims to protect the dignity and freedom of people with disabilities and ensure their equal and active participation in society. This law includes provisions for accessibility in public places and services, which can be interpreted to include self-service kiosks.

Key aspects of this law that may affect kiosk accessibility include:

• Requirements for accessibility in public places and services
• The promotion of equal opportunities for people with disabilities
• The prohibition of discrimination based on disability

Israel has also developed specific accessibility regulations and standards that provide more detailed technical requirements. These may include guidelines relevant to kiosk design and implementation.

Israel enforces its Equal Rights for Persons with Disabilities Law through various mechanisms. The Commission for Equal Rights of Persons with Disabilities oversees enforcement, investigating complaints and initiating legal proceedings when necessary.

Individuals can also file lawsuits for violations, potentially resulting in damages and mandated improvements. The law allows for administrative fines against non-compliant entities. Government-employed accessibility inspectors conduct site visits to ensure compliance, while a public reporting system enables citizens to flag violations. Additionally, the Commission focuses on education and awareness, helping businesses understand their legal obligations regarding self-service kiosks.

Norway's Anti-Discrimination and Accessibility Act, which came into effect in 2009 and was later incorporated into the Equality and Anti-Discrimination Act of 2017, includes provisions for universal design in ICT solutions. These provisions can apply to self-service kiosks.

Key aspects of this act that may affect kiosk accessibility include:

• Requirements for universal design in new ICT solutions
• The promotion of equality and prevention of discrimination based on disability
• Specific regulations for universal design of ICT, which provide technical requirements

In Norway, the Equality and Anti-Discrimination Ombud oversees compliance and can investigate complaints. For serious violations, cases can be referred to the Anti-Discrimination Tribunal, which has the authority to issue binding decisions and impose fines.

The Norwegian Authority for Universal Design of ICT conducts audits and can issue orders for corrective actions. They also provide guidance and tools to help organizations comply. Penalties for non-compliance can include fines, and in severe cases, coercive fines may be imposed until the issue is resolved. Additionally, individuals can bring discrimination cases to court.

This approach aims to ensure that universal design principles, including those applicable to self-service kiosks, are effectively implemented across Norway.

New Zealand's Human Rights Act 1993 prohibits discrimination based on disability and can be interpreted to include access to self-service kiosks as part of ensuring equal access to goods and services.

The act focuses on preventing discrimination in service provision, ensuring equal access to facilities, and promoting equal opportunities for people with disabilities.

Additionally, New Zealand's Web Accessibility Standards, while primarily for websites, offer guidance for creating accessible digital interfaces applicable to kiosks.

Enforcement of the Human Rights Act is primarily handled by the Human Rights Commission and the Human Rights Review Tribunal. The Commission offers mediation services for discrimination complaints, while the Tribunal can make legally binding decisions and order remedies such as compensation or specific actions to address discrimination.

Individuals can also bring civil proceedings to the courts for breaches of the Act. While there are no specific penalties for kiosk inaccessibility, organizations may face legal action and potential damages if their kiosks are found to be discriminatory.

Brazil's Brazilian Inclusion Law, also known as the Statute of Persons with Disabilities, came into effect in 2015. This comprehensive law includes provisions for accessibility in various contexts, including technology and services, which can be applied to self-service kiosks.

Key aspects of this law that may affect kiosk accessibility include:

• Requirements for accessibility in information and communication technologies
• The promotion of universal design principles
• The guarantee of access to information and available technologies

Brazil has also developed specific technical standards for accessibility, such as the ABNT NBR 9050, which provides guidelines for accessibility in buildings, equipment, and urban environments. While not specifically focused on kiosks, these standards can provide relevant guidance for kiosk installations.

Brazil enforces its accessibility laws through multiple channels. These include legal action by individuals or advocacy groups, investigations by the Public Prosecutor's Office, and administrative penalties from government agencies.

The National Council for the Rights of Persons with Disabilities (CONADE) monitors compliance, while certification programs and public awareness campaigns create additional incentives for accessibility.

Organizations implementing kiosks in Brazil should be aware of these enforcement mechanisms and ensure their systems comply with the law to avoid potential legal and financial consequences.