The Disability Discrimination Act (DDA) came into force in October 2004 but if you thought it only affected traditional businesses you’d be wrong. It does in fact also apply to online businesses because it lays down some guidelines on the accessibility of websites.

Web owners and designers should be aware that they are highly likely to be targeted for scrutiny early on because many disabled people will often naturally use websites rather than travel to a shop or office. Websites, by their nature, are highly visible and easy to check out at low cost. Bodies such as the RNIB have made it very clear already that websites are on their “hit list”.

So, what should a web designer do?

Given a designer could be sued by a client who is proceeded against under the DDA you should tell clients that you make no warranty that the site complies especially given there is—at the moment—no precise guidance as to what needs doing. Make sure your web development agreement is clear on this: who has responsibility for DDA and other compliance?

Ask clients to specify what they want you to do with regards to accessibility and give a separate quote for the extra work (including sites already designed and functioning). Check that your insurance covers you against claims in this respect.

Be aware of the Law Reports, someone is going to be badly mauled in a Court case soon and that should give some guidance on how to proceed. Subscribe to our e-zine and we’ll keep you informed of changes and progress.

A professionally worded web development agreement (available from Woolley & Co during November for £495 plus VAT) can protect web developers from a variety of legal pitfalls, including DDA.

And, what should a website owner do in addition:

• Ask your designer to give their views about what you should do to comply
• Get a quote for how much that work would cost
• Get a letter from your accountant saying how much, if any, you can afford to do
• Do it.
• Try to take a commercial view, this is a group of potential customers you may not be communicating with at the moment and if you steal a march on your competitors you may do well, indeed, you may even get some of the support groups to feature your site on theirs.
• Ask your users what they need changed to help them.
• Check your insurance covers claims against you under this Act. If you are concerned about the insurance aspects we can recommend speaking to Harry Croydon of Safeonline.

You’re a consultant, offering advice on your specialist subject to other businesses.  You’ve never really bother asking clients to sign a contract.  You don’t imagine you are taking much of a risk.

Please worry!

Your liability is totally unlimited. You might, for example, give advice at a fee of £750 which causes £200,000 of financial / business loss and you can be sued for that loss. That’s just one reason why you should have a contract. OK, let’s not bother with 100% protection via a 100 page contract full of legal complexities! A brief plain English contract should cover the basic limitations of your liability, payment provisions, data protection issues and how the contract ends.

We are offering this month a consultancy agreement for SMEs which you can use and re-use for years at a fee of just £295 plus VAT.  To take advantage of this offer contact Brian McLelland or call Woolley & Co on 01789 267377.

Guides on IT Security

The DTI supplies on-line best practice guides on identifying security risks, educating staff, preventing and dealing with viruses and many other security-related issues. Click here to view the list of guides. 

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