Ships a consumer interface, in Finland
Public Procurement Act, ss. 71, 90 and 93, accessibility in the definition of the procurement object, quality-assurance certificates and award criteriasince 5 lines
Laki julkisista hankinnoista ja käyttöoikeussopimuksista (1397/2016), 71, 90 ja 93 § · Read the law's page
- If you sell goods, services or works to a contracting authority in a procurement of at least the EU thresholds, the authority defines the procurement object, save in duly justified cases, so as to take account of accessibility for disabled users and design for all users when the object is intended for natural persons (s. 71(1)).
- The procurement object is defined by reference to the accessibility requirements that other legislation or an act of the European Union makes mandatory; the section itself names no standard (s. 71(1)).
- The contracting authority may ask you for a statement of your quality-assurance measures; where it demands certificates from independent bodies that you meet quality-assurance standards, including accessibility for disabled persons, it refers to quality-assurance systems based on the European standard series (s. 90(2)).
- The authority also accepts equivalent certificates from bodies in other member states of the European Union and your certificates of equivalent quality-assurance measures (s. 90(2)); if you demonstrably could not obtain the certificates in the time set, for reasons not your own, it accepts other evidence of your measures when you show that they correspond to the requirements of the quality-assurance standards (s. 90(3)).
- Your tender may be scored on accessibility and on design for the requirements of all users where the authority sets them as quality criteria for price-quality comparison; the authority states the criteria and their weighting in the contract notice, the invitation to tender or the invitation to negotiate, and the criteria must relate to the subject matter of the procurement and be non-discriminatory (s. 93(2), (4) and (5)).
- The EU thresholds, excluding value added tax, are EUR 134,000 for goods, services and design contests of central government authorities, EUR 207,000 for those of other contracting authorities and EUR 5,186,000 for works, with a separate rule for defense goods contracts, and the Commission's revised thresholds replace those figures (s. 26).
Special Sectors Procurement Act, ss. 75, 88 and 91, accessibility in the definition of the procurement object, quality-assurance certificates and award criteriasince 5 lines
Laki vesi- ja energiahuollon, liikenteen ja postipalvelujen alalla toimivien yksiköiden hankinnoista ja käyttöoikeussopimuksista (1398/2016), 75, 88 ja 91 § · Read the law's page
- If you sell goods, services or works to a contracting entity in a procurement at or above the thresholds of section 13, the entity defines the procurement object, save in duly justified cases, so as to take account of accessibility for disabled users and design for all users when the object is intended for natural persons (s. 75(1)).
- The procurement object is defined by reference to the accessibility requirements that other legislation or an act of the European Union makes mandatory; the section itself names no standard (s. 75(1)).
- The contracting entity may ask you for a statement of your quality-assurance measures; where it demands certificates from independent bodies that you meet quality-assurance standards, including accessibility for disabled persons, it refers to quality-assurance systems based on the European standard series (s. 88(2)).
- The entity also accepts equivalent certificates from bodies in other member states of the European Union and your certificates of equivalent quality-assurance measures (s. 88(2)); if you demonstrably could not obtain the certificates in the time set, for reasons not your own, it accepts other evidence of your measures when you show that they correspond to the requirements of the quality-assurance standards (s. 88(3)).
- Your tender may be scored on accessibility and on design for the requirements of all users where the entity sets them as quality criteria for price-quality comparison; the entity states the criteria and their weighting in the contract notice, the invitation to tender or the invitation to negotiate, and the criteria must relate to the subject matter of the procurement and be non-discriminatory (s. 91(2), (4) and (5)).
- The thresholds, excluding value added tax, are EUR 414,000 for goods, services and design contests, EUR 1,000,000 for the social and health services and other special services listed in Annex C, EUR 5,186,000 for works and EUR 5,186,000 for concession contracts, and the Commission's revised thresholds replace those figures; the Act does not apply to procurements below them (s. 13).
Payment Services Act, s. 86 d, accessible form of the Commission's brochure on consumers' rightssince 1 line
Maksupalvelulaki (290/2010), 86 d § · Read the law's page
- If you provide payment services under the Payment Services Act, make the Commission's brochure on consumers' rights in payment services easily available on your website, if you have one, and on paper at your business premises, and make the information in it available to disabled persons by appropriate alternative means (s. 86 d).
Act on the Provision of Digital Services, accessibility requirements, statement, feedback and supervision for private-sector providerssince 10 lines
Laki digitaalisten palvelujen tarjoamisesta (306/2019), 3 §, 3 luku (7-10 §) ja 4 luku (11-15 §) · Read the law's page
- If you provide a digital service within section 3(1), paragraphs 4 to 6 of the Act, ensure the perceivability and understandability of the content of your website or mobile application and the operability and robustness of its interfaces and navigation, in accordance with the accessibility requirements (s. 7(1)).
- Make the content of your digital service meet the accessibility requirements when it is available to users, and make pre-recorded time-based media meet them within 14 days of its first or repeated publication (s. 7(3)).
- If procurement law applies to your activity, take account of the accessibility requirements when you procure, as the Public Procurement Act (1397/2016) section 71(1) and the Act on Procurement by Entities in the Water, Energy, Transport and Postal Services Sectors (1398/2016) section 75(1) provide (s. 7(4)).
- Maintain an accessibility statement that contains at least an account of the parts of the content that do not meet the requirements and the reasons for departing, instructions for getting the information or service in an alternative way, an electronic contact for accessibility feedback, and a link to the supervisory authority's website for an accessibility complaint or request for clarification (s. 9(1)).
- Keep the statement in the format set by the European Commission's implementing act under Article 7(2) of Directive (EU) 2016/2102, easily available on your website in an accessible form; for a mobile application, make the statement accessible and available on your website or when the application is downloaded (s. 9(2) to (4)).
- Accept accessibility feedback, and requests for clarification of your disproportionate-burden grounds, from anyone at the electronic contact in your statement (s. 10(1)).
- Where a user needs content that does not meet the requirements to establish or exercise interests, rights or obligations, give that content, for a justified reason in an individual case, in a form that meets the requirements or in another way the user can access; the user makes the request to the electronic contact in your statement or to another alternative contact you publish, and if you do not give the content you draw up a written reasoned certificate for the requester (s. 10(2) and (4)).
- Send an electronic acknowledgement of receipt that states the time received, and answer feedback and requests without delay and within two weeks of the contact; you may extend the time by up to two weeks for a request that concerns a wide range of content, and must tell the requester (s. 10(3)).
- Bring the digital service into line with the requirements within a reasonable time when the supervisory authority, the Finnish Transport and Communications Agency (Traficom), orders it, and give a user the content they need in an accessible form within the time it sets when it so orders on the user's clarification request; the authority may back an order under section 12(3) with a conditional fine (ss. 11(2), 12(3) and 14).
- Give the supervisory authority, free of charge and notwithstanding secrecy provisions, the information and explanations it needs to handle a complaint or carry out supervision, in the time and form it orders; allow an inspection on your premises other than premises used for permanent residence, and give the access rights needed to reach services whose use is restricted online (s. 13).
- The accessibility requirements are those in the references to harmonized standards, or parts of them, that the European Commission publishes in the Official Journal of the European Union; the Act itself names no standard (s. 7(1)).
- Depart from the accessibility requirements only if a prior accessibility assessment lets you show that meeting them would impose a disproportionate burden on your activities, taking account of the needs of disabled people and of your size, financial position, and the nature and scale of your operations (s. 8).
- The Act does not apply to workplace intranets and extranets for a limited number of persons, teaching sites and applications used within a limited group for a limited time, public broadcasters' services other than audiovisual access services, live time-based media that is not stored for republication, maps and map services (although the essential guidance content of a navigation map must be offered in another accessible digital form), content you did not produce, finance or control, and heritage collection items that cannot be made accessible (s. 3(3)).
- The duties applied from to websites published on or after , from to earlier websites and to pre-recorded time-based media, and from to mobile applications (s. 17(1), (2) and (5)); for entities in water and energy supply, transport and postal services and for credit, payment, investment and insurance providers the Act has applied from (s. 17(6)); content archived before is outside the Act, and office-software files published before are within chapter 3 only where they are needed to establish or exercise a party's interests, rights or obligations (s. 17(3) and (4)).
Act on Electronic Communications Services, section 211 as rewritten in 2021, with Government Decree 1245/2014 on audiovisual services, subtitling and audio subtitling of television and on-demand programmessince 6 lines
Laki sähköisen viestinnän palveluista (917/2014), 211 §, ja valtioneuvoston asetus audiovisuaalisista palveluista (1245/2014), 7–10, 12 ja 13 § · Read the law's page
- If you operate a Finnish- or Swedish-language television programme service or an on-demand programme service within section 211, attach subtitling to its programmes and narration or an audio and subtitling service to its other programmes, and make the subtitles clear and understandable to the user (s. 211(1) and (2)).
- If your programme service is a public service programme service, attach the audio and subtitling service to 100 percent of its programmes; if it is a public interest television programme service, or a programme service serving several audience groups that is broadcast under a national programme licence and that the Ministry of Transport and Communications has designated by decision, attach it to 75 percent of its programmes, and attach it to 30 percent of the programmes of the on-demand programme services of those programme services (s. 211(2) and (4)).
- Count the programme hours of subtitling by your Finnish- and Swedish-language programmes and those of the audio service by your other programmes, leaving out live music and live sports; you may provide one third of those hours in your on-demand programme service (Decree 1245/2014 s. 7).
- If you are a public service operator, attach the audio service to every translation-subtitled programme other than live music and live sports, and you may supply the subtitles of live regional news with a rerun within a day and in your on-demand service as soon as they are ready (Decree 1245/2014 ss. 12 and 13).
- If you provide an audiovisual content service (a television or on-demand programme service), report to Traficom on your measures to make your services accessible, and draw up and give Traficom accessibility action plans on how your services are made accessible continuously and step by step (s. 211(5)).
- Correct a breach when Traficom orders it within a reasonable time; the order may be backed by a conditional fine, a threat of discontinuation or a threat that the omitted measure is carried out at your expense, and a television operator that does not correct its conduct after a request may be ordered by the Market Court to pay a penalty payment of EUR 1,000 to EUR 1,000,000, more where the effects are very significant, but at most five percent of its previous year's turnover from licensed activity (ss. 330, 332 and 334).
- A programme service broadcast under a national programme licence serves several audience groups if it can be received free of charge and nationwide, carries Finnish- or Swedish-language programmes daily, and has a significant annual viewing share and average daily reach; the Ministry of Transport and Communications designates by decision the services that must carry the audio and subtitling service (s. 211(6); Decree 1245/2014 s. 8).
- Live music performances and sports programmes need not carry the service, and for a television operator that is not a public service operator the cost of the service is capped at one percent of its turnover of the previous financial year (s. 211(2) and (3)).
- If the cost of the service, at the reference cost of EUR 70 per programme hour for audio and EUR 440 for subtitles, would exceed one percent of your previous financial year's turnover, attach it to as large a share of programmes as you can within that limit (Decree 1245/2014 ss. 9 and 10).
Act on the Provision of Digital Services, chapter 3a, accessibility requirements for certain consumer digital services, with Government Decree 179/2023since 12 lines
Laki digitaalisten palvelujen tarjoamisesta (306/2019), 3 a luku (10 a-10 g §), ja valtioneuvoston asetus eräiden digitaalisten palvelujen saavutettavuusvaatimuksista (179/2023) · Read the law's page
- If you offer passenger transport, e-book, online shop, consumer credit, investment, payment, basic payment account or electronic money services to consumers through a website or app, or a service that gives access to audiovisual content services or a communications service, make the digital service meet the additional requirements of section 10 c on top of section 7, from (ss. 10 a and 10 c(1)). Chapter 3a does not apply to the digital services of a microenterprise, which section 4, paragraph 2 of Act 102/2023 defines as an undertaking that employs fewer than 10 employees and has an annual turnover of at most EUR 2 million or an annual balance sheet total of at most EUR 2 million (s. 10 b).
- Meet chapter 3 as well: keep the accessibility statement of section 9 and handle accessibility feedback and requests for content in an accessible form within two weeks under section 10, which the government bill treats as part of the Directive's support-services requirement (ss. 9, 10 and 10 f).
- Give information on how the digital service works, and where it needs a particular product, state in the accessibility statement how the product relates to the service, what accessibility features it has and how it works with assistive devices (s. 10 c(3); Decree 179/2023 s. 2).
- Keep the information on consumer credit, investment, payment and banking services understandable, at no more than level B2 of the Common European Framework of Reference for Languages (s. 10 c(3); Decree 179/2023 s. 3).
- Make an e-book accessible so that it can be processed, read, used and navigated, with synchronized text and audio where it has both, files that do not stop assistive technology from working, access and navigation as the user chooses, alternative presentations, accessibility metadata and digital rights management that does not block the accessibility features (s. 10 c(3); Decree 179/2023 s. 4).
- Give information on the accessibility of the products and services in your online shop when the economic operator responsible for them has supplied that information to you (Decree 179/2023 s. 5).
- Where you rely on an alternative, equally accessible way of using the service instead of the requirements, meet the ten functional performance requirements of the Decree (s. 10 c(4); Decree 179/2023 s. 6).
- If you provide communications services or services that give access to audiovisual content services, meet the additional requirements in sections 194 c and 194 d of the Act on Electronic Communications Services (917/2014) (s. 10 c(5)).
- If you depart from the requirements, notify the supervisory authority, document the assessment, submit it on request and keep it for five years from when you last offered the digital service, and make the assessment again when the content changes, when the authority asks and at least every five years (s. 10 e).
- Publish in the accessibility statement that section 9 requires, in addition to its contents, a general description of the digital service and an account of how it meets the additional requirements of the Directive (s. 10 f).
- Notify the supervisory authority of any shortcomings in the accessibility of the digital service and of the corrective measures (s. 10 g).
- Bring the digital service into line within a reasonable time when Traficom orders it, and give Traficom the information it needs free of charge and access to your premises for an inspection; Traficom may back the order, the information duty and the inspection with a conditional fine (ss. 12(3), 13 and 14).
- Follow the harmonized standards or technical specifications that the Directive's Article 15 refers to if you want the digital service treated as meeting the requirements those standards or specifications cover (s. 10 c(2)).
- Depart from the accessibility requirements only if an accessibility assessment lets you show that compliance would impose the disproportionate burden of section 8 or a fundamental change to the basic nature of the service, and do not rely on the burden if you receive funding from outside your own funds that is granted for improving accessibility (s. 10 d).
- The Act does not apply to live time-based media that is not stored for republication, online maps and map services (although the essential guidance content of a navigation map must be offered in another accessible digital form), content you did not produce, finance or control, heritage collection items that cannot be made accessible, or the digital services of a public service broadcaster other than services giving access to audiovisual content services (s. 3(3)).
- Chapter 3a does not apply to website and app content archived before , to pre-recorded time-based media or office files published before that day, and a service contract made before may continue unchanged until it expires, but for no longer than five years from that day (Act 104/2023, transitional provisions; Decree 179/2023 s. 7).
Transport Services Act, s. 150 a, accessibility information on passenger transport services and stations, terminals and ports under the EU passenger rights regulationssince 3 lines
Laki liikenteen palveluista (320/2017), 150 a § · Read the law's page
- If you carry passengers by air, rail, sea, inland waterway or bus under the EU passenger rights regulations, or manage a station, terminal or port those regulations cover, provide, each for your part, the information you hold on the accessibility of the vehicles used, the accessibility of the infrastructure and built environment around the services, assistance for disabled persons, smart ticketing systems, real-time travel information and additional information on use of the service, from (s. 150 a(1)).
- Offer that information electronically on your websites and in your mobile applications and meet chapter 3a of the Act on the Provision of Digital Services (306/2019) for it (s. 150 a(2)).
- Correct a breach of the Act when the Finnish Transport and Communications Agency (Traficom) so orders; the order may be backed by a conditional fine, a threat of discontinuation or a threat that the omitted measure is carried out at your expense (s. 255).
Transport Services Act, s. 150(4), accessibility information on passenger transport services outside the EU passenger rights regulationssince 2 lines
Laki liikenteen palveluista (320/2017), 150 §:n 2 ja 4 momentti · Read the law's page
- If you hold a passenger-transport license for air, rail, maritime, inland waterway or bus transport services other than those under the EU passenger rights regulations, or provide a brokering service or a combining service, see to it that the passenger has available in electronic form at least information on the services available to passengers with functional limitations and their assistance, on the accessibility of the fleet, and on the equipment that eases boarding and interaction with the driver (s. 150(4)).
- Correct a breach of the Act when the Finnish Transport and Communications Agency (Traficom) so orders; the order may be backed by a conditional fine, a threat of discontinuation or a threat that the omitted measure is carried out at your expense (s. 255).
- A passenger-transport license holder need not supply information in electronic form where that is neither appropriate nor reasonable because of the small size or area of operation of the undertaking; the information must then be publicly available in writing (s. 150(2)).
Act on Electronic Communications Services, chapter 22 a, accessibility requirements for communications services and services giving access to audiovisual content services, with Government Decree 180/2023since 10 lines
Laki sähköisen viestinnän palveluista (917/2014), 22 a luku (194 a-194 h §), ja valtioneuvoston asetus sähköisen viestinnän palvelujen ja audiovisuaalisiin sisältöpalveluihin pääsyn tarjoavien palvelujen esteettömyysvaatimuksista (180/2023) · Read the law's page
- If you offer interpersonal communications, internet access or audiovisual-content-access services to consumers, keep procedures in place so that the applicable accessibility requirements are met for as long as you provide the service, from (ss. 194 a and 194 b(1)).
- Give information on how the service works and, where products are used to provide it, on how they relate to the service, what accessibility features they have and how they work with assistive devices, in the forms Decree 180/2023 section 1 lists (s. 194 b(2); Decree 180/2023 s. 1).
- Have your support services give information on the accessibility of the service and its compatibility with assistive technology, using accessible means of communication (s. 194 b(3)).
- If you provide an interpersonal communications service, offer real-time text in addition to voice, and full interactivity features where you offer video in addition to voice (s. 194 c).
- If you provide a service that gives access to audiovisual content services, offer electronic programme guides that are easily perceivable, controllable, understandable and robust and that include information on the availability of accessibility features, and make sure that the accessibility features of the audiovisual content services are transmitted in sufficient quality, accurately presented, synchronized with audio and video, and controllable by the user (s. 194 d).
- Notify Traficom of any shortcoming in the accessibility of the service and of the corrective measures, supply on request all information needed to show that the service meets the requirements, and cooperate in bringing it into conformity (s. 194 e).
- Depart from the requirements only if an assessment shows that meeting them would fundamentally alter the basic nature of the service or impose a disproportionate burden on you, do not rely on the burden if you receive funding from outside your own funds granted for improving accessibility, notify the supervisory authority, document the assessment, keep it for five years from when you last offered the service, give the authority a copy on request, correct the shortcomings the authority finds in it within the period it sets, and make the assessment again when the service is changed, when the authority orders it and at least every five years (s. 194 f).
- Publish in accessible form a description of the service and its operation so that it can be assessed how the service meets sections 194 b to 194 d, state which requirements the service does not meet where you depart under section 194 f, and keep that information for as long as you offer the service (s. 194 g).
- Where you rely on an alternative way of using the service that follows the ten functional performance requirements of Decree 180/2023 section 2, make sure the service is at least as accessible as one meeting sections 194 b to 194 d (s. 194 h; Decree 180/2023 s. 2).
- Correct a breach when Traficom orders it within a reasonable time; the order may be backed by a conditional fine, a threat of discontinuation or a threat that the omitted measure is carried out at your expense (ss. 330 and 332).
- Chapter 22 a does not apply to a microenterprise, which section 3, paragraph 11 a defines by Commission Recommendation 2003/361/EC (an enterprise that employs fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR 2 million), or to machine-to-machine transmission services (s. 194 a(1)).
- Follow the harmonized standards or technical specifications that Article 15 of Directive (EU) 2019/882 refers to if you want the service treated as meeting the requirements of sections 194 b to 194 d that those standards or specifications cover (s. 194 b(4)).
- Service contracts within chapter 22 a made before may continue unchanged until they expire, but for no longer than five years from that day, and the products you use to provide the services must conform by (Act 105/2023, entry into force).
Åland Act on Accessible Digital Services, chapter 2a, accessibility requirements for consumer passenger transport and audiovisual media access services, with Landskapsförordning 2023:71since 8 lines
Landskapslag (2019:7) om tillgängliga digitala tjänster, 2a kap. (8 a–8 i §), 9 och 11 §, sådana de lyder i landskapslagen 2023:61, och landskapsförordning (2023:71) om tillgänglighetskrav för vissa digitala tjänster · Read the law's page
- If you professionally provide consumers in Åland, within the legislative competence of the Åland Parliament, with a passenger transport service by sea, inland waterway or bus (not urban, suburban or regional transport) or with a service that gives access to audiovisual media services, make your website or app meet the requirements of section 5 and the additional requirements of section 8 b from , and keep procedures in place so that it stays compliant (ss. 1, 8 a and 8 b).
- Give information on how the service works and on the products used to provide it, and have any support services give information on its accessibility and compatibility with assistive technology through accessible means (s. 8 b).
- Depart from the requirements only where your accessibility assessment shows that meeting them would fundamentally alter the service or impose a disproportionate burden, not if you receive outside funding for improving accessibility; tell the Government of Åland, document the assessment, give it on request, keep it for five years and repeat it when the service changes, on request and at least every five years (ss. 8 c and 8 d).
- Publish, besides your accessibility statement, a general description of the service and how it meets the additional requirements, in written and oral form accessible to persons with disabilities, and keep it for as long as you provide the service (s. 8 e).
- Tell the Government of Åland of any accessibility shortcoming in the service and of the corrective measures (s. 8 f).
- If you operate a passenger transport service or hold a station, terminal or port for it, give on your website and in your app the information you hold on the accessibility of the vehicles, infrastructure and built environment, assistance for persons with disabilities, smart ticketing, real-time travel information and further use of the service (s. 8 g).
- If you provide a service giving access to audiovisual media services, offer accessible electronic programme guides that show the accessibility services, and pass the accessibility services through in full, in adequate quality, synchronized and under the user's control; or offer an alternative mode of operation that meets the ten functional performance requirements of Landskapsförordning 2023:71 and is at least as accessible (ss. 8 h and 8 i; ÅFS 2023:71 ss. 2 and 3).
- Make the service meet chapter 2a within a reasonable time when the Government of Åland orders it; anyone may complain to the Government that you have not observed chapter 2a (ss. 9 and 11).
- Chapter 2a does not apply to services that microenterprises provide; section 2 defines a microenterprise as an enterprise with fewer than ten employees and an annual turnover or annual balance sheet total of at most EUR 2 million (ss. 2 and 8 a).
- Follow the harmonized standards or technical specifications that Article 15 of Directive (EU) 2019/882 refers to if you want the service treated as meeting the requirements they cover (s. 8 b).
- Service contracts made before may continue unchanged until they expire, but for no longer than five years from that day, and chapter 2a does not apply to content archived, or to pre-recorded media and office files published, before that day (ÅFS 2023:61, entry into force).