What is Disproportionate Burden?
Disproportionate burden refers to a legal concept in web accessibility compliance that allows organizations to claim exemption from certain accessibility requirements when the cost or effort of implementation would be unreasonably high relative to their resources or the benefit provided. This concept is particularly prominent in European accessibility legislation, including Germany's BFSG (Barrierefreiheitsstärkungsgesetz) and the EU Web Accessibility Directive.
Under disproportionate burden provisions, organizations can argue that making specific digital content or services fully accessible would impose an excessive financial or administrative burden that outweighs the expected benefits for users with disabilities.
Legal Framework and Standards
The disproportionate burden concept is embedded in several key accessibility standards and regulations:
- EU Web Accessibility Directive: Allows public sector bodies to claim disproportionate burden for specific accessibility requirements
- BFSG (Germany): Provides framework for businesses to assess when accessibility measures may constitute disproportionate burden
- EN 301 549: European standard that references disproportionate burden in digital accessibility requirements
- WCAG 2.1: While not explicitly mentioning disproportionate burden, provides the technical foundation for accessibility compliance
Practical Implementation and Assessment
When evaluating disproportionate burden claims, organizations must consider several factors:
Assessment Criteria
- Size and resources of the organization
- Estimated costs of making content accessible
- Frequency of use of the inaccessible content
- Duration of use of the digital service
- Importance of the service to users with disabilities
Documentation Requirements
Organizations claiming disproportionate burden must:
- Conduct thorough accessibility assessments
- Document specific barriers and remediation costs
- Provide alternative access methods where possible
- Regularly review and update burden assessments
Common Mistakes and Misconceptions
Several misconceptions surround the disproportionate burden concept:
- Blanket exemption myth: Organizations cannot claim disproportionate burden for entire websites or services
- Cost-only focus: Burden assessment must consider multiple factors beyond just financial cost
- Permanent exemption assumption: Disproportionate burden claims must be regularly reassessed
- No alternative provision: Even when claiming disproportionate burden, organizations should provide alternative access methods
Best Practices for CMS and Web Platforms
For web accessibility compliance while managing potential disproportionate burden:
- Implement progressive accessibility improvements starting with high-impact, low-cost measures
- Use accessible CMS platforms and templates to reduce long-term compliance costs
- Prioritize accessibility for core user journeys and frequently accessed content
- Document accessibility decisions and burden assessments for transparency
- Provide clear contact information for users needing accessible alternatives
Digital Inclusion Impact
The disproportionate burden concept affects digital inclusion by:
- Balancing accessibility requirements with organizational capacity
- Ensuring resources are allocated effectively for maximum accessibility benefit
- Preventing accessibility regulations from becoming barriers to digital innovation
- Maintaining focus on practical accessibility improvements rather than perfect compliance
Key Takeaway
Disproportionate burden is not an escape clause from web accessibility requirements but a balanced approach to ensure realistic implementation. Organizations should view it as a tool for prioritizing accessibility improvements rather than avoiding them entirely. The goal remains achieving maximum digital inclusion while recognizing practical constraints. Regular assessment, documentation, and provision of alternatives are essential for responsible use of disproportionate burden provisions in accessibility compliance.