Did you know that you may be eligible for an exemption from website accessibility requirements?
Israeli law requires websites and apps that provide services to the public to be accessible. However, the legislature also recognizes that in some cases, compliance can impose a significant financial or technical burden. As a result, several exemptions and accommodations have been established, allowing website owners to avoid full accessibility requirements — provided they meet specific conditions..
Types of Website Accessibility Exemptions
Before we dive in, it's important to note that even if you qualify for an exemption, you are still required to publish an accessibility statement on your website.
Exemption Due to Financial Burden
This exemption is granted automatically based on a self-assessment conducted by the business owner. We strongly recommend backing up your assessment with documentation from a certified accountant. If you qualify for an exemption, you should visit an accountant once every 3 years to obtain a document confirming your annual revenue. You don't need to submit this document to any authority — only if asked to explain why your site is not accessible. You must also note in your website's accessibility statement that you are exempt due to financial burden.
Before we continue, let's clarify 2 key terms:
- Turnover — the total revenue received by the business in a tax year in which turnover was not equal to zero.
- Tax year — begins on January 1st and ends on December 31st.
Now, here is the breakdown of the exemption tiers:
- Up to 100K average annual turnover over 3 years — fully exempt from accessibility requirements.
- Up to 300K average annual turnover over 3 years — exempt until October 2020. After October 2020, moves to the next category.
- Between 300K and 1M average annual turnover over 3 years — must make new changes* accessible; legacy sites are exempt**
- Over 1M — must make the entire site accessible, except for audio and video content — note that the media player itself must be accessible.
- Over 5M — must also make video and audio content accessible.
Important Notes
If you are uncertain about your status, contact the Equal Rights Commission for Persons with Disabilities to clarify your obligations.
* New changes refer to changes made after October 2017.
** Any website that went live before October 2017.
*** Anyone required to make their site accessible must also make the documents on their website accessible.
Exemption Due to Significant Financial Hardship
Businesses that do not qualify for an automatic exemption, but face a significant financial hardship in making their site accessible, can apply for an exemption from the Equal Rights Commission for Persons with Disabilities. The application will be assessed based on the cost of accessibility, revenue turnover, and additional circumstances.
The exemption is granted for a period of three years and may be renewed subject to the Commission's approval.
Exemption Due to Technical Infeasibility
If certain accessibility adaptations cannot be implemented on a website or app due to technical limitations, a partial or full exemption may be granted. The exemption is issued by a licensed accessibility consultant, following a professional assessment, and is valid for three years with the option to renew.
The Process Works as Follows
1. An internal review is conducted in consultation with an accessibility expert who understands the technical side of web and app development. The review focuses on the reasons the exemption is needed and what alternatives exist — for example, third-party systems whose vendors are no longer active and no accessible version exists, or where no alternative provider offers the same service. Another example is the use of HTML elements with limited accessibility support, such as the CANVAS tag (which can render everything from images to complex 3D games).
2. After the internal review confirms that the exemption request is justified, the accessibility expert must complete the form available on the Equal Rights Commission for Persons with Disabilities website.
3. Keep in mind that the exemption applies to specific areas of the site, not the entire site. In other words, you will still need to make all other accessible elements compliant for anything not covered by the exemption request.
4. When an exemption is justified, you must offer an accessible alternative — meaning a way for people with disabilities to still receive the service or complete required actions. For example, can customer support assist a person with a disability as needed?
5. A licensed accessibility consultant will guide the entire process and sign the form upon completion.
6. The exemption must be noted in the accessibility statement, including details about the accessible alternatives available for those who need them.
7. The exemption is valid for 3 years and can be renewed once for an additional 3 years. After that, further extensions require approval from the Equal Rights Commission for Persons with Disabilities.
Exemption for Restricted-Access Websites (Up to 500 Registered Users)
Websites intended for a limited audience — such as online course platforms — may be exempt from content accessibility requirements if both of the following conditions are met:
· Access to the site requires pre-registration.
- The number of registered users does not exceed 500 at any given time.
The exemption covers site content only — the site's structure, navigation, and overall framework must still be accessible.
It's important to distinguish between the public-facing marketing or branding site and the restricted members-only area. For example, a business offering a course on topic X with a private area for enrolled students only: the public site must be fully accessible, while the student area may be exempt from content accessibility requirements.
Exemptions on Social Media
Under the regulations, social media content must also be accessible — unless the platform itself does not support the required adaptations.
Additional Exemptions
There are additional exemptions we won't cover here in detail, such as those related to higher education institutions or special exemptions the Commissioner may grant in specific cases.
⚠️ Key Takeaways
- Accessibility Statement: Even if your site is exempt, you must publish an accessibility statement that includes information about the exemption and any alternative accommodations offered.
- Periodic Review: Exemption eligibility must be reassessed every three years, in line with changes in business revenue or technology..
- Third-Party Content: Content not created or produced by the website owner is not subject to accessibility requirements — however, providing accessible alternatives wherever possible is strongly recommended.
Summary
Israeli law recognizes both the need to make websites and apps accessible and the reality that compliance can be a significant burden in some cases. That's why exemptions and accommodations have been put in place for eligible website owners — provided certain conditions are met. Even so, it's important to remember that exempt sites must still publish an accessibility statement and monitor any changes that could affect exemption eligibility..
For more information or help submitting an exemption request, feel free to contact us.