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L.N. 89 of 2019
MALTA COMMUNICATION S AUTHORITY ACT 
(CAP. 418)
Accessibility of the Websites and Mobile Applications of 
Public Sector Bodies Regulations, 2019
IN EXERCISE of the powers conferred by articles 33(3) and 46
of the Malta Communications Autho rity Act, the Prime Minister a fter
consultation with the Malta Communications Authority, has made the
following regulations:- 
PART I
Preliminary
Title and scope. 1. (1) The title of these regulat ions is Accessibility of the
Websites and Mobile Applicati ons of Public Sector Bodies
Regulations, 2019.
(2) These regulations implement  the provisions of Directive
(EU) 2016/2102 of the E uropean Parliament an d of the Council of  the
26 October 2016 on the  accessibility of the websites and mobile
applications of public sector bodies.
Interpretation. 2. For the purposes of these re gulations, unle s s  t h e  c o n t e x t
otherwise requires: 
''accessibility'' means principles and techniques to be
observed when designing, constructing, maintaining, and
updating websites and mobile applications in order to make them
more accessible to users, in particular, but in no way limited,  to
persons with disabilities;
Cap. 418. ''Act'' means the Malta Commu nications Authority Act and
includes any regulations made thereunder unless the context
otherwise requires; 
''Authority'' means the Malta Communications Authority
established under the Act;
''bodies governed by public law'' means bodies that have all
of the following c haracteristics: 
(a) they are established for the specific purpose of
meeting needs in the general interest, not having an
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industrial or commercial character;
(b) they have legal personality; and 
(c) they are financed, for the most part, by the
State, regional or local aut horities or by other bodies
governed by public law; or a re subject to management
supervision by those authorities or bodies; or have an
administrative, managerial or s upervisory board, more than
half of whose members are appointed  by the State, regional
or local authorities, or by other bodies governed by public
law;
''content of websites and mobile applications'' shall include
textual as well as non-textual information, downloadable
documents and forms, and two-wa y interaction such as the
processing of dig ital forms and the comp letion of authenticatio n,
identification and payment processes; 
''items in heritage collections '' means privately or publicly
owned goods presenting a historical, artistic, archaeological,
aesthetic, scientific or technical interest and that are part o f
collections preserved by cultural  institutions such as librarie s,
archives and museums;
''measurement data'' means the quantified results of the
monitoring activity carried out in order to verify the complian ce
of the websites and mobile applications of public sector bodieswith the accessibility requirements set out in regulation 4. It
covers both quantitative information about the sample of
websites and mobile applications  tested, such as the number of
websites and applications w ith, potentially, the number of
visitors or users; and quantitati ve information about the level  of
accessibility;
''mobile application'' means a pplication software designed
and developed, by or on behalf o f public sector bodies, for use  by
the general public on mobile d evices such as smartphones and
tablets. It does not include the software that controls those
devices or hardware;
''non-governmental organisati on'' means a voluntary self-
governing body established to pursue essentially non-profit
making objectives;
''office file formats'' means documents that are not intended
primarily for use on the web and that are included in web pages ,
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such as Adobe Portable Document Format (PDF), Microsoft
Office documents or their ( open source) equivalents;
''public sector body'' means the State, regional or local
authorities, bodies governed by public law, or associationsformed by one or more such authorities or one or more such
bodies governed by public law, if those associations areestablished for the specific purpose of meeting needs in the
general interest, not having an industrial or commercial
character; 
''stakeholders'' shall include p ersons with disabilities,
organisations representing th e interests of persons with
disabilities and of the elderly, social partners, industry involved
in the creation of accessibility software relating to websites and
mobile applications, and civil society;
''standard'' means a technical specification, adopted by a
recognised standardisation body , for repeated or continuous
application, with which compl iance is not compulsory, and
which is one of the following:
(a) ''international standard'' means a standard
adopted by an international standardisation body; 
(b) ''European standard'' means a standard adopted
by a European standard isation organisation;
(c) ''harmonised standard'' means a European
standard adopted on the basis of a request made by theEuropean Commission for th e application of European
Union harmonisation legislation; 
''time-based media'' means media of the following types:
audio-only, video-only, audio -video, audio and/or video
combined with interaction; and 
Cap. 490.''Tribunal'' means the Administrative Review Tribunal
established by article  5 of the Administrative Justice Act.
Scope. 3. (1) These regulations lay dow n provisions relating to the
accessibility requirements of the  websites and mobile applicati ons of
public sector bodies, thereby enabling those websites and mobil e
applications to be more accessib le to users, in particular to p ersons
with disabilities.
(2) These regulations shall not apply to the following websites
and mobile applications:
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(a) websites and mobile applications of public service
broadcasters and their subsidiari es, and of other bodies or the ir
subsidiaries fulfilling a public service broadcasting remit;
(b) websites and mobile applications of non-
governmental organisations that:
(i) do not provide services t hat are essential to the
public, such as services that a re directly mandated by State,
regional or local  authorities, or 
(ii) do not provide services that specifically address
the needs of, or are meant fo r, persons with disabilities; 
(c) websites and mobile  applications of schools,
kindergartens or nurseries, excep t for the content thereof rela ting
to essential online administrative functions:
Provided that, where such essential content is
provided in an accessible manne r through another website, it
shall not be required to be made accessible again on the websit e
of the establishment concerned.
(3) These regulations  shall not apply to the following content
of websites and mo bile applications:
(a) office file formats published before 23 September
2018, unless such content is needed for active administrative
processes relating to the services performed by the public sect or
body concerned; 
(b) pre-recorded time-based media published before 23
September 2020;
(c) live time-based media:
Provided that live time-based media that are kept
online or republished after the li ve broadcast shall be conside red
as pre-recorded time-based medi a without undue delay from the
date of the initial broadcast or  republishing of the time-based
media, not exceeding the time s trictly necessary to make time-
based media accessible with pri ority being given to essential
information relating to the heal th, welfare and safety of the
public, which period of time shall in principle not exceed
fourteen (14) days:
Provided further that in justified cases, such as when
it is impossible to procure the r elevant services in due time, such
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period might exceptionally be extended to the shortest time
necessary to make the content accessible;
(d) online maps and mapping services, as long as
essential information is provide d in an accessible digital mann er
for maps intended for navigational use;
(e) third-party content that is neither funded nor
developed by, nor under the control of, the public sector bodyconcerned:
Provided that where the purpose of content of
websites or mobile appl ications of public sector bodies is to h old
consultations or to organise foru m discussions, that content shall
not be considered as third-party content and shall not therefor e
be excluded from the scope of th ese regulations, except in the
case of user-contribute d content which is n ot under the control  of
the public sector  body concerned.
(f) reproductions of items in h eritage collections that
cannot be made fully accessi ble because of either:
(i) the incompatibility of accessibility
requirements with either th e preservation of the item
concerned or the authenticit y of the reproduction, such as
contrast; or
(ii) the unavailability of automated and cost-
efficient solutions that would easily extract the text of
manuscripts or other items in heritage collections and
transform it into content co mpatible with the accessibility
requirements;
(g) content of extranets and  intranets, meaning websites
that are only available for a closed group of persons and not t o
the public in general, published before 23 September 2019, unti l
such websites undergo a substantial revision;
(h) content of websites and mobile applications
qualifying as archives, meaning that such websites and mobile
applications only contain content that is neither needed for ac tive
administrative processes nor updated or edited after 23
September 2019.
Requirements 
for the 
accessibility of websites and 
mobile 
applications.4. Public sector bodies shall tak e the necessary measures to
make their websites and mobile  applications more accessible by
making them:
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 (a) perceivable, meaning that information and user
interface components are presenta ble to users in ways they can
perceive;
 (b) operable, meaning that user interface components and
navigation are operable;
 (c) understandable, meaning that information and the
operation of the user interface are understandable; and
 (d) robust, meaning that content must be robust enough
to be interpreted in a reliable manner by a wide variety of use r
agents, including assistive technologies.
Disproportionat
e burden.5. (1) Public sector bodies sha ll apply the accessibility
requirements set out  in regulation 4 to the extent that those
requirements do not impose a dis proportionate burden on them fo r the
purposes of that regulation:
Provided that for th e purposes of this regulation, measures
that would impose a disproportionate burden shal l be understood  a s
measures that would impose an exc essive organisational or finan cial
burden on a public sect or body, or would je opardise the capacit y of the
body to either fulfil its purpos e or to publish i nformation nee ded for or
relevant to its tasks and services, whilst taking into account the likely
resulting benefit or detriment f or citizens, in particular persons with
disabilities:
Provided further that only legitimate reasons shall be taken
into account in any assessment of the extent to which the acces sibility
requirements cannot be met be cause they would impose a
disproportionate burden; in part icular, lack of priority, time or
knowledge shall not be considered as legitimate reasons, nor sh all
there be deemed to be any legitimate reasons for not procuring or
developing software systems to manage content on websites and
mobile applications in an accessible manner.
(2) In order to assess the exten t to which compliance with the
accessibility requirements set out in regulatio n 4 imposes a
disproportionate burden, public sector b odies shall take accoun t of
relevant circumstances, including the following:
(a) the size, resources and na ture of the public sector
body concerned; and
(b) the estimated costs and benefits for the public sector
body concerned in relation to the  estimated benefits for users,  in
particular but in no w ay limited to persons with disabilities,
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taking into account the frequency and duration of use of the
specific website or  mobile application.
(3) Without prejudice to sub-re gulation (1), the public sector
body concerned shall perform the initial assessment of the exte nt to
which compliance with the accessi bility requirements set out in
regulation 4 imposes a d isproportionate burden.
(4) Where a public sector body avails itself of  the derogation
provided for in sub-regulation (1) for a specific website or mo bile
application, after conducting an a ssessment as referred to in s ub-
regulation (2), it shall endeavour to make the content in quest ion as
accessible as possibl e and shall make othe r content fully acces sible.
 (5) Where a public sector body av ails itself of the derogation
provided for in sub-regulation (1 ) for a specific website or mo bile
application after conducting an assessment as referred to in su b-
regulation (2), it shall explai n, in the accessibility statemen t referred to
in regulation 7, the part or parts of the accessibility require ments that
could not be complied with and s hall, where appropriate, provide
accessible alternatives. 
(6) Public sector bodies shall  provide the Authority with a
written report on the initial assessment referred to in sub-reg ulation (2)
of the extent to which compliance with the accessibility requir ements
set out in regulation 4 imposes  a disproportionate burden, and the said
report shall also include a description of the accessible alter natives
referred to in sub-regulation (5):
Provided that, without prejudice to his powers to initiate
investigations pursuant to regul ation 9, the Authority may deli ver a
written opinion on the initial as sessment report within twenty (20)
days of receipt thereof, requesting the public sector body conc erned to
take any measures he deems necessary in the circumstances. Such
written opinion shall be comm unicated to the public sector body
concerned by registered letter.
Presumption of 
Conformity with the Accessibility 
Requirements.6. (1) Content of websites and mobile applications that
meets harmonised standards or parts thereof, the references to which
have been published by the European Commission in the Official
Journal of the European Union in accordance with Regulation (EU ) No
1025/2012, shall be presumed to be in conformity with theaccessibility requirements set out in regulation 4 that are cov ered by
those standards or by parts thereof.
(2) Where no references to the harmonised standards referred
to in sub-regulation (1) have been published, content of mobile
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applications that meets the tec hnical specifications or parts t hereof that
may be established through implementing acts adopted by the
European Commission shall be presumed to be in conformity with the
accessibility requirements set ou t in regulation 4 that are cov ered by
those technical specifications or by parts thereof. 
(3) Where no references to the harmonised standards referred
to in sub-regulation (1) have bee n published, content of websit es that
fulfils the relevant requireme nts of European standard EN 301 549
V1.1.2 (2015-04) or parts thereof shall be presumed to be in
conformity with the accessibility requirements set out in regul ation 4
that are covered by those relevant  requirements or by parts the reof.
(4) Where no references to the harmonised standards referred
to in sub-regulation (1) have been published, and in the absenc e of the
technical specifications referre d to in sub-regulation (2), con tent of
mobile applications that fulfils the relevant requirements of Europeanstandard EN 301 549 V1.1.2 (2015-04) or parts thereof shall be
presumed to be in conformity w ith the accessibility requirement s set
out in regulation 4 that are covered by those relevant requirem ents or
by parts thereof.
Additional 
measures.7. (1) Public sector bodies shall provide and regularly
update a detailed, comprehensive and clear accessibility statem ent on
the compliance of their websites  and mobile applications with t hese
regulations.
(2) For websites, the accessibili ty statement shall be provided
in an accessible format, using the model accessibility statemen t that
may be established through implementing acts adopted by the
European Commission and shall be published on the relevant webs ite.
(3) For mobile applications, the accessibility statement shall be
provided in an accessible format, using the model accessibility
statement that may be establishe d through implementing acts ado pted
by the European Commission and shall be available on the websit e of
the public sector body that devel oped the mobile application
concerned, or alongside other information available when
downloading the application.
Contents of the 
accessibility statement.(4) The accessibility statement shall include:
(a) an explanation concerning those parts of the content
that are not accessible, and the reasons for that inaccessibili ty
and, where appropriate, the acces sible alternatives provided fo r;
(b) a description of, and a link to, a feedback mechanism
enabling any person to notify the public sector body concerned
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of any failure of its website or mobile application to comply with
the accessibility requirements set out in regulation 4, and to
request the information excluded pursuant to sub-regulation (3)
of regulation 3 and regulation 5; and
(c) a link to the enforcement procedure set out in
regulation 9 to which recourse may be had in the event of an
unsatisfactory response or of a lack of a response to the
notification or the request.
(5) Where a public sector body receives a notification or a
request pursuant to sub-regulati on (4)(b), it shall provide an adequate
response to such notification or request within fifteen (15) wo rking
days.
Time within 
which a public 
sector body must reply to a 
notification or a 
request.(6) The Authority shall adopt measures to facilitate the
application of the accessibility requirements set out in regulation 4 to
websites and mobile applications  other than those of public sector
bodies and, in particular, to websi tes and mobile applications covered
by existing national la ws on accessibility.
Training programmes.  (7) The Authority shall promote and facilitate training
programmes relating to the accessibility of websites and mobile
applications for relevant stakeholders a nd staff of public sect or bodies,
designed to train them how to create, manage and update theaccessible content of website s and mobile applications.
Raising 
awareness. (8) The Authority shall take the necessary measures to raise
awareness of the accessibility requirements set out in regulati on 4, of
their benefits to users and to  owners of websites and mobile
applications, and of the possibility of giving feedback in the case of
any failure by public sector bodies  to comply with the requirements of
these regulations as set out in this regulation.
Monitoring and 
reporting.  8. (1) The Authority shall periodically monitor the
compliance of websites and mobile applications of public sector
bodies with the accessibility requirements set out in regulation 4, on
the basis of the monitoring methodology that may be established
through implementing acts adopt ed by the European Commission. 
(2) By 23 December 2021, and every three (3) years thereafter,
the Authority shall prepare and submit to the European Commissi on a
report on the outcome of the m onitoring, including the measurem ent
data. Such report shall be drawn up on the basis of the arrange ments
for reporting referred to in sub -regulation (4), and it shall a lso cover
information on the use of the enforcement procedure set out inregulation 9.
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(3) In relation to the measures  adopted pursuant to regulation
7, the first report shall also cover the following:
(a) a description of the mechanisms set up for consulting
with relevant stakeholders on the accessibility of websites and
mobile applications;
(b) procedures to make public any developments in
accessibility policy relating to websites and mobile applications;
(c) experiences and findings from the implementation of
the rules on conformity with the accessibility requirements setout in regulation 4; and
(d) information on training and awareness-raising
activities:
Provided that, where significant changes have been
made in relation to the above e lements, the Authority shall
include in subsequent reports information concerning thosechanges.
(4) The content of all the reports, which need not list the
websites, mobile applications or public sector bodies examined,  shall
be made public in an accessible format in accordance with the
arrangements for repor ting by Member States that may be establi shed
through implementing acts adopted by the European Commission.
Investigations 
and complaints.9. (1) The Authority shall init iate investigations on the
website or mobile application of a public sector body where he has
reason to believe that such public sector body has acted or is acting in
breach of these regulations.
 (2) The Authority shall also initiate investigations on the
website or mobile app lication of a public sector body upon the receipt
of a complaint in writing by an y person alleging that such public sector
body provided an unsatisfactory response or faile d to provide a
response to a notificat ion or request withi n the time period sp ecified in
sub-regulation (5) of regulation 7, or has otherwise acted or i s acting in
breach of the provisions of these regulations.
(3) When commencing an inve stigation pursuant to sub-
regulation (1) or (2), the Author ity shall notify all the parti es
concerned in accordance with the  methods of service set out in
regulation 13, that it intends to  carry out an investigation. When
notifying the public  sector body concerned, the Authority shall  inform
it that the Authority has reason to believe that that public se ctor body
acted or is acting in breach of t hese regulations, and shall gr ant the
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public sector body conc erned fifteen (15) days from the service  t o
reply in writing to the Authority, stating whether that public sector
body considers the complaint to b e justified, which course of a ction it
will be taking to remedy the situation, as the case may be, and  a
reasonable time line within which  it will implement the course of
action as indicated.
(4) By means of a notice in a format accessible to the intended
recipient, the Authority may, if so required for the purpose of  carrying
out an investigation, request any person –
(a) to provide it with any information that may be
described in the said notice;
(b) to produce any documents in possession or control of
that person relating to the investigation:
 Provided that a person shall not be obliged to give
information or produce a documen t requested if that person is
deemed to be exempt from providing that information or
producing the document before the Court in civil proceedings.
(5) The Authority shall communicate its decision stating
whether or not the public sector body concerned has failed to c omply
with, or has otherwise acted or is acting in breach of, any of the
requirements set out in these reg ulations to the parties concer ned, in
accordance with the methods of se rvice set out in  regulation 13 . In its
decision of the Authorit y shall give the rea sons for its findin g of a
breach of these regulations, a nd shall request the public secto r body
concerned to undertake  any remedial action the Authority deems
necessary in the circumstances within a specified time limit an d inform
the public secto r body that, in default, the Authority shall proceed to
undertake compliance measures as provided f or in these regulati ons: 
 Provided that the Authority may, upon receipt of a request
by the public sector body concerned made in writing or by elect ronic
means within seven (7) days of s ervice of the decision, decide to
extend the time limit for complia nce with the decision if the A uthority
considers that the circumsta nces of the case so warrant.
(6) In the event that the publ ic sector body c oncerned, having
been served with the decision of the Authority as provided in s ub-
regulation (5), fails t o take the necessary  a ct io n  wi t h in  t h e  s pecified
time limit, the Authority shall in the first instance proceed t o undertake
a compliance measure consisting of the publication of the name of the
public sector body and of the dec ision of the Aut hority in acco rdance
with the provisions of regulation 11:
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P r o v i d e d  t h a t ,  p r i o r  t o  t a king of any such compliance
measures pursuant to this sub-re gulation, the Authority shall i ssue a
final warning to the public sect or body concerned in accordance  with
the methods of service set out in regulation 13, stipulating a further
time-limit which may not exceed fifteen (15) days from service of such
warning within which the public  sector body must comply with it s
decision, and specifying the co mpliance measures that will be t aken if
the public sector bo dy concerned remains in default of such
compliance:
(7) If notwithstandi ng the publication of t he name of the publi c
sector body and of the decision of  the Authority as provided fo r in sub-
regulation (6), the pub lic sector body persists in not complyin g with
the aforesaid decision, the Authority may then impose an
administrative fine i n accordance with the p rovisions of regula tion 11.
Role of the 
Authority.10. (1) The Authority shall be r esponsible for monitoring and
enforcing the application of the  provisions of these regulation s in order
to ensure the complian ce of websites and mo bile applications of  public
sector bodies with the accessibi lity requirements set out in re gulation
4.
(2) The Authority may seek t he advice of, and may consult
with, any other competent body o r entity in the exercise of its  functions
under these regulations.
Compliance 
measures.11. (1) Subject to the provisions  of regulation 9(6), where a
public sector body does not comply with any of its obligations
pursuant to these regu lations, then the Authority may in the fi rst
instance publish the name of the public sector body and the dec ision of
the Authority taken pursuant to r egulation 9(5) in any such man ner as
it considers appropriate  in the circumstances.
(2) If notwithstanding the compliance measure taken by the
Authority under sub-regulation (1), the public sector body stil l fails to
comply with the decision of the Authority, then the Authority m ay, if
such a decision has not been appealed by the public sector body ,
impose an administrative fine not exceeding twenty thousand eur o
(€20,000): 
Provided that before proceeding to impose any such fine
the Authority shall write to the  non-compliant public sector bo dy
warning it of the fine that may be imposed, the reasons there f or,
giving that public sector body a period of seven (7) days in which tomake its written submissions. Th e Authority shall then proceed to
decide whether to impose a fine and if it decides to impose a f ine the
amount thereof. In doing so the A uthority shall state its reasons there
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for. 
(3) For the purposes of these regulations the Authority may
when undertaking a compliance measure which includes the public ation
of a decision, at its discretion publish only a summary consisting of the
salient points of its decision su ch as it may consider appropri ate in the
circumstances .
Right of appeal 12. (1) The public sector body concerned or the complainant
as the case may be, may lodge an appeal before the Tribunal fro m a
decision of the Authority issued pursuant t o these regulations. 
(2) The effects of a decision by the Authority which is
appealed from shall not, except where the Tribunal or the Court  o f
Appeal, as the case may be, so orders, be suspended by virtue o f the
appeal: 
Provided that any administrative fine imposed by the
Authority shall not apply until  the public sector body on whom the
administrative fine is imposed h as exhausted the right of appea l that it
may exercise in accordance with these regulations, or if the pu blic sector
body to whom the decision is addre ssed has permitted the applic able
time-limits to contest such a f ine expire without availing itse lf of the
said right of appeal. 
Methods of 
service.13. (1) Where the Authority exercises its powers pursuant to
these regulations, the  decision of the Authority shall forthwit h be
served on the public s ector body to whom the  decision is addres sed and
on the complainant, as the case may be, either by registered po st to the
official address of the public s ector body and to the last know n
business or private address of the complainant, or by electroni c means
that provide a reliable record of when service t ook place.
( 2 )  I n  t h e  c a s e  o f  s e r v i c e  b y  e l e c t r o n i c  m e a n s ,  t h e  d e c i s i o n
shall be deemed to have been ser ved upon the public sector body to
whom the decision is addressed, a nd on the complainant as the c ase
may be, when the Aut hority has received:
(a) an electronic receipt aut omatically generated by the
e-mail server when the communication is read; or
(b) a written confirmation by return electronic mail from
an employee of the public sector body to whom the decision is
addressed, and from the complainant as the case may be.
(3) If service is not effected within a week of issuing the
decision for any reason attributable to the public sector body to whom
the decision is addressed, or to the complainant as the case may be, the
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Authority shall publish a notice in the Gazette and in one or more daily
newspapers, stating that a decision has been taken in respect o f the
public sector body to whom the decision is addressed, or the
complainant as the case may be, and inviting it or him to colle ct the
decision from the Authority. In any such case, service shall be deemedto have been effected on the third day after the date of publication ofthe last notice.
Application. 14. These regulations sha ll apply as follows:
(a) to websites of public sector bodies not published
before 23 September 2018, from 23 September 2019;
(b) to websites of public sector bodies not covered by
paragraph (a), from 23 September 2020; and 
(c) to mobile applications of public sector bodies, from
23 June 2021. 
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