Chapter 3|Additional Obligations for Very Large Platforms|📖 5 min read
1. The Commission shall encourage and facilitate the drawing up of voluntary codes of conduct at Union level, in cooperation with relevant civil society organisations, online platform and other intermediary service providers and organisations representing recipients of the service, organisations representing persons with disabilities and other organisations representing accessibility interests, to promote effective participation in the provision of the services to which this Regulation applies, by designing and adapting those services with a view to maximising their foreseeable use by persons with disabilities, in compliance with accessibility requirements provided for in Union law and national law.
2. The Commission shall aim to ensure that those codes of conduct pursue the objective of ensuring that online intermediary services are accessible, in compliance with Union and national law and to maximise their foreseeable use by persons with disabilities. The Commission shall aim to ensure that those codes of conduct address, in particular:
(a) the design and adaptation of services to make them accessible to persons with disabilities by making them perceivable, operable, understandable and robust;
(b) explaining how the services meet the applicable accessibility requirements, and making that information available to the public in an accessible manner for persons with disabilities;
(c) making the information, forms and measures provided pursuant to this Regulation, including the notices provided for under Article 16, the statements of reasons provided for under Article 17, the information on out-of-court dispute settlement pursuant to Articles 21 and 53 and the information on the right to seek judicial redress pursuant to Article 54, available in such a manner that they are easy to find, easy to understand, and accessible to persons with disabilities.
3. The Commission shall encourage the drawing up of the codes of conduct referred to in paragraph 1 by 18 February 2025 and their application by 18 August 2025.
Understanding This Article
Article 47 addresses digital accessibility for persons with disabilities through voluntary codes of conduct rather than mandatory obligations, creating ongoing debate about whether DSA adequately protects disability rights. The provision emerged from legislative negotiations where policymakers chose voluntary codes over binding accessibility requirements, drawing criticism from disability advocacy organizations arguing accessibility should be fundamental right not optional enhancement.
The Commission's mandatory facilitation role ('shall encourage and facilitate') mirrors Article 46's advertising codes, requiring active Commission promotion with specific deadlines: codes developed by February 18, 2025 and applied by August 18, 2025. These deadlines reflect urgency of addressing digital exclusion affecting millions of persons with disabilities facing barriers accessing online platforms, content, and services. However, voluntary nature limits enforceability - platforms may decline participation or partial implementation without legal consequences beyond potential reputational damage.
Codes should involve multi-stakeholder participation: Platforms (VLOPs and smaller platforms) bringing technical expertise and operational knowledge; Organizations representing persons with disabilities (European Disability Forum, national disability organizations) providing disability community perspectives and needs; Civil society organizations advocating for digital inclusion; Relevant authorities (disability rights agencies, digital accessibility experts) contributing regulatory and technical expertise. This broad participation ensures codes reflect actual accessibility needs and barriers persons with disabilities experience rather than theoretical or superficial approaches.
Paragraph 2 identifies key accessibility objectives: making services 'accessible to persons with disabilities by making them perceivable, operable, understandable and robust.' These four principles (POUR) derive from Web Content Accessibility Guidelines (WCAG), international standard for web accessibility: Perceivable - information and user interface components presentable to users in ways they can perceive (alternative text for images enabling screen reader users to understand visual content, captions for audio/video enabling deaf users to access multimedia, sufficient color contrast enabling low-vision users to read text); Operable - user interface components and navigation operable by all users (keyboard navigation enabling users who cannot use mouse, sufficient time for users to read and complete tasks, seizure prevention avoiding flashing content triggering epilepsy); Understandable - information and user interface operation understandable (clear language, predictable navigation, input assistance helping users avoid errors); Robust - content interpretable reliably by wide variety of user agents including assistive technologies (proper HTML markup enabling screen readers to navigate, compatibility with assistive technologies).
Recital 107 specifies code coverage areas: Online interface design and adaptation (accessible user interfaces, navigation, content presentation); Database systems (accessible data structures and retrieval); Notice and action mechanisms (accessible content reporting, appeals processes); Auditing methods (accessibility testing and verification); Child protection mechanisms (accessible safeguards for minors with disabilities). These areas reflect key platform features requiring accessibility attention.
The voluntary approach creates several challenges. First, incomplete coverage - platforms may choose not to participate leaving accessibility gaps. Second, weak commitments - voluntary codes may adopt minimal standards avoiding costly comprehensive accessibility. Third, limited enforcement - platforms not meeting voluntary commitments face limited consequences. Fourth, inequality - voluntary approach may create accessibility hierarchy where some platforms accessible while others exclude persons with disabilities. Fifth, legal uncertainty - disability discrimination law may require accessibility regardless of voluntary codes, creating tension between voluntary DSA approach and binding anti-discrimination obligations under UN Convention on Rights of Persons with Disabilities and EU equality law.
Article 47 complements European Accessibility Act (Directive 2019/882) requiring accessibility for certain products and services, but with different scope and approach. Accessibility Act creates binding obligations for specific services while DSA uses voluntary codes for online platforms, creating complex regulatory landscape requiring navigation.
Key Points
Commission shall encourage voluntary codes improving online platform accessibility for persons with disabilities
Criticized for voluntary approach rather than mandatory accessibility obligations
Complements European Accessibility Act but DSA accessibility remains voluntary through codes
Platform sizes and types vary in accessibility needs: VLOPs face different challenges than small platforms
Accessibility benefits all users not just persons with disabilities (captions help non-native speakers, clear design helps elderly)
Implementation requires technical standards (WCAG 2.1, ARIA), design processes, testing with disability community
Practical Application
For Platforms (Implementing Accessibility Beyond Legal Minimums): Platforms should implement robust accessibility regardless of code participation, recognizing moral obligations, business benefits, and potential legal requirements under anti-discrimination law. Implementation approach: (1) Accessibility audit: Assess current platform against WCAG 2.1 Level AA standards (international best practice), Identify barriers (keyboard navigation gaps, insufficient alt text, color contrast issues, video without captions, complex language, inaccessible forms), Prioritize fixes based on severity and frequency. (2) Design integration: Adopt inclusive design processes incorporating accessibility from beginning not as afterthought, Train designers and developers on accessibility principles, Use automated testing tools (Axe, WAVE, Lighthouse) detecting technical issues, Conduct manual testing with assistive technologies, Engage persons with disabilities in user testing. (3) Content accessibility: Provide alt text for images, Provide captions and transcripts for video/audio, Ensure keyboard navigation for all functionality, Use semantic HTML for screen reader compatibility, Ensure sufficient color contrast, Avoid flashing content risks, Provide clear error messages and form assistance, Use plain language where possible. (4) Continuous improvement: Monitor accessibility metrics (WCAG compliance rates, assistive technology compatibility, user feedback), Address reported issues promptly, Update as platform evolves, Participate in accessibility codes and communities. (5) Accessibility documentation: Publish accessibility statements explaining conformance and known issues, Provide contact for accessibility feedback, Document accessibility features helping users with disabilities.