LEGAL COMPLIANCE IN DIGITAL ACCESSIBILITY: Inclusivity in Business Operations

Is your business digitally inclusive, or unintentionally locking out millions of potential customers?

Have you ever tried to open a website and found it hard to navigate, read, or interact with? Now imagine that experience for someone who is blind, deaf, or has a disability.

In today’s digital-first economy, accessibility is not just a moral obligation or social goal; it’s a legal requirement and a commercial advantage. Digital accessibility means ensuring that people with disabilities can interact with your digital products and services as well as everyone else.

In Nigeria and globally, laws and policies are evolving to mandate digital inclusion in websites, mobile apps, and software platforms. If your tech startup, e-commerce platform, or corporate website isn’t accessible, you may be excluding millions of users, exposing yourself to legal risk, and leaving money on the table.

Let’s explore what digital accessibility means, the legal frameworks at play, and how Nigerian businesses can align with compliance.

What Is Digital Accessibility?

It is the practice of making websites, mobile apps, electronic documents, and other digital tools usable by people with diverse disabilities, including visual impairments (blindness, low vision), hearing impairments (deafness or partial hearing), cognitive or learning disabilities (e.g., dyslexia, ADHD), motor disabilities (limited hand movement), and/or temporary impairments (injury, illness).

Digital accessibility focuses on creating inclusive experiences for diverse people, ensuring everyone, regardless of ability, can access and benefit from your digital content.

Real-life examples of accessibility:

• Using alt text for images so screen readers can describe them to blind users

• Ensuring color contrast and font size for visually impaired users

• Captioning video content for deaf users

• Designing keyboard-friendly interfaces for users who cannot use a mouse

In other words, it’s about ensuring no one is digitally left behind.

Why Accessibility Matters for Your Business

In case you were wondering, “Why should my startup bother?” Here are a couple of reasons why:

1. Legal Compliance & Risk Management: Failure to provide accessible digital services can expose you to legal action under Nigeria’s Disability Act or international scrutiny under global laws if you have international users.

2. Market Reach: Over 27 million Nigerians live with a disability. Making your product accessible instantly opens your doors to a largely underserved market.

3. Brand Reputation: Accessibility communicates that your business cares about inclusivity, user dignity, and equitable service delivery, which boosts customer trust.

4. Global Expansion: Many countries require digital accessibility compliance as part of doing business (e.g., US ADA, EU Accessibility Directive) within their borders or with their citizens. This becomes important if you are planning to scale or work with international partners.

Legal Frameworks Supporting Digital Accessibility

While Nigeria does not yet have a comprehensive "Digital Accessibility Act", several existing laws and policies support the right to equal digital access.

1. Discrimination Against Persons with Disabilities (Prohibition) Act, 2018

This is Nigeria’s most comprehensive disability rights legislation. This federal law requires that all public infrastructure, including information and communication technology (ICT), that is, websites and digital infrastructure used in business, be inclusive and accessible within five years (which expired in 2023) — Section 24. This obligation is supported by Section 25, which enforces the rights of persons with disabilities to communicate and access information through accessible formats.

As of January 2024, all public institutions and private organizations must be fully compliant or face the consequences.

2. Nigeria Data Protection Act (NDPA) 2023

While primarily a privacy law, the NDPA promotes the principle of fair, inclusive, and lawful processing of data. If a digital system discriminates against people with disabilities by limiting their ability to interact with services or give consent, it may breach this law.

3. National Digital Economy Policy and Strategy (NDEPS)

This strategic policy by the Federal Ministry of Communications, Innovations, and Digital Economy (FMCIDE) includes objectives for digital inclusion across all demographics, including people with disabilities.

4. International Standards

   1. UN Convention on the Rights of Persons with Disabilities (CRPD) – Nigeria is a signatory, and it promotes accessible ICT as a human right.

   2. WCAG (Web Content Accessibility Guidelines) – While not a law, WCAG is the global gold standard for digital accessibility used in legal compliance worldwide. Nigerian platforms are advised to adopt WCAG 2.1 or higher.

   3. SDG Goal 10: Reduce inequalities, including in access to technology and services.

Non-compliance with these legal frameworks can lead to:

• Lawsuits or regulatory sanctions

• Damage to brand reputation

• Loss of market share and customer trust

Legal Compliance Requirements for Digital Platforms

As digital infrastructure becomes essential to business operations in Nigeria, complying with digital accessibility guidelines is non-negotiable. Even though Nigeria does not yet have a consolidated law like the U.S. Americans with Disabilities Act (ADA) or the EU Accessibility Directive, existing Nigerian laws and global standards make it risky to ignore accessibility.

Here’s what your business website, mobile app, or digital content must include to comply with the Discrimination Against Persons with Disabilities (Prohibition) Act 2018, NDPA 2023, and international accessibility benchmarks.

1. Perceivability: Content should be presented in ways that users can perceive, including screen readers for the visually impaired, alt text for images, and captions or transcripts for audio and video.

2. Operability: All functionalities should be usable by keyboard alone (not just mouse or touchscreen). Avoid time-sensitive actions that cannot be extended or paused.

3. Understandability: Content and navigation should be clear, predictable, and consistent. Avoid confusing pop-ups, unclear links, or jargon-heavy content without explanations.

4. Robustness: Websites and apps should work well with assistive technologies like screen readers, speech input tools, or Braille displays. Use proper HTML and ARIA roles to maintain compatibility.

5. Mobile Responsiveness: If your platform is available on mobile, ensure it meets accessibility needs, like zoom-in text, high-contrast options, and tap-friendly elements.

6. Clear Privacy and Consent Flows: Your cookie banners, terms and conditions, and payment pages should be accessible, with options to adjust or withdraw consent easily.

How to Achieve Compliance in Digital Accessibility

Here’s how you can get started, even as a small business:

1. Conduct a Digital Accessibility Audit: Use tools like WAVE, axe DevTools, or Google Lighthouse to test how accessible your website or platform is. If possible, bring in a user with disabilities to test real-world usability.

2. Adopt WCAG Guidelines: Aim to meet WCAG 2.1 Level AA compliance. These include:

   1. Keyboard navigation

   2. Text alternatives

   3. Color contrast

   4. Descriptive links and labels

3. Train Your Team: Your dev team, content writers, and product designers should understand the basics of accessibility standards.

4. Include Accessibility in Your Legal and Privacy Policies: Clarify how users with disabilities can access your services and provide channels for feedback or support.

5. Use Accessible Payment and Form Fields: Ensure that your payment gateway, sign-up forms, and checkouts work with screen readers and don’t time out unfairly.

Penalties and Legal Risks for Non-Compliance

If a disabled person is unable to access your services due to avoidable design issues, you may face:

• Legal action under the 2018 Disability Act

• Regulatory sanctions from the NDPC for discriminatory processing

• Public backlash, social media exposés, or boycotts

• Loss of funding or partnerships, especially if your investors care about ESG and inclusivity

Accessible Design and Development Practices

Within your business, consider implementing the following in your digital infrastructure;

User Interface (UI) Design

• Color Contrast: Use high-contrast text and background colors to help users with visual impairments (e.g., black on white instead of grey on white).

• Font Sizes: Use scalable fonts with a minimum of 16px for body text.

• Text Alternatives: Every non-text element (like images, charts, and icons) should have meaningful alt text.

• Avoid Reliance on Color Alone: If you're using red for error messages, include icons or text to explain the issue.

Navigation and Structure

• Keyboard Navigation: Ensure your entire site or app is usable without a mouse.

• Logical Flow: Use proper headings (H1, H2, H3...) to organize content hierarchically.

• Focus Indicators: Make sure users can see which element is selected when navigating via keyboard (e.g., a blue border around buttons).

• Skip Links: Allow users to skip repeated navigation and jump straight to the main content.

Content Writing and Layout

• Clear Language: Use simple, concise language. Avoid legal or technical jargon unless defined.

• Consistent Layout: Keep your design and button placements consistent across pages.

• Descriptive Links: Use link text like "Download the Accessibility Guide" instead of "Click here."

Forms and Interactive Elements

• Label Everything: Ensure that form fields, buttons, and dropdowns have clear labels and instructions.

• Error Handling: Clearly indicate form errors and offer suggestions to fix them.

• Don’t Time People Out Quickly: Give ample time to complete forms, especially on payment or application pages.

Mobile Accessibility Considerations

• Allow text resizing without breaking the layout.

• Avoid tiny tap targets — buttons should be at least 48px wide.

• Support device accessibility settings like dark mode, large fonts, or voice control.

Involve Users with Disabilities in Testing

• Use tools like NVDA (a free screen reader) or Google Lighthouse to test your design.

• Even better, partner with accessibility consultants or individuals with disabilities to test and give feedback.

Key Takeaways

• Accessibility is a legal and business necessity, not just a luxury.

• Nigeria’s legal system already recognizes digital accessibility as part of broader anti-discrimination efforts.

• Startups and SMEs can implement accessibility without breaking the bank.

• Use WCAG 2.1 as your compliance benchmark.

• Include accessibility in your legal, design, and content strategies from Day One.

Accessibility isn’t just about building websites, it’s about a fairer and more inclusive digital space. Whether you’re a tech founder, a startup, or a business, now’s the time to make your digital platforms inclusive and legally compliant.

Need help conducting an accessibility audit, updating your privacy policy, or training your team on accessibility compliance?
Let’s talk. I help Nigerian businesses align with legal standards in tech, IP, and digital growth, without the confusion.

DM me on LinkedIn or email me at hello@adunelegal.com to start your accessibility journey today.

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