Ships a mobile app, in Spain

Real Decreto Legislativo 1/2007, de 16 de noviembre, Libro tercero, artículos 128 a 146 · Read the law's page

• Software supplied on its own may fall outside the definition of a product, which is any movable good together with gas and electricity, and the point is not settled (Art. 136).
• If you manufacture or import into the European Union a finished product, an element integrated in a finished product or a raw material, you answer for the damage a defect in it causes (Arts. 135 and 138(1)).
• Offer the safety that could legitimately be expected of the product, taking account of its presentation, its reasonably foreseeable use and the time you put it into circulation, and at least the safety your other units of the same series normally offer (Art. 137(1) and (2)).
• If the producer cannot be identified, you answer as producer when you supply the product, unless within three months you tell the injured person who the producer is or who supplied it to you (Art. 138(2)).
• Do not supply a product you know to be defective: a supplier that does so answers as if it were the producer (Art. 146).
• Be able to prove that you did not put the product into circulation, that the defect probably did not exist then, that it was not made for sale or distribution with an economic purpose or in the course of a professional or business activity, that the defect arose from compliance with mandatory rules, or that the state of scientific and technical knowledge then did not allow the defect to be discovered (Art. 140(1)).
• If you make medicines or food for human consumption, do not count on the state-of-knowledge defense (Art. 140(3)).
• Do not rely on a contract term to limit or exclude your liability to the injured person (Art. 130).

Real Decreto Legislativo 1/2013, infracciones y sanciones: título III, arts. 78 a 85, 89, 92 y 94 a 102 · Read the law's page

• Comply with the accessibility requirements that apply to your goods, services, products and technologies, and adopt the reasonable adjustments a person with a disability needs (Real Decreto Legislativo 1/2013, Arts. 80 and 81(3)(b); Art. 95(3)(e) and (f)).
• Do not treat a person with a disability less favorably than another person in a comparable situation (Art. 81(3)(a)).
• Comply with a specific administrative requirement that the competent bodies make to apply the Act, and do not obstruct their inspection services or refuse information they lawfully request (Arts. 81(3)(c) and 95(2)(c) and (3)(d)).
• Do not pressure a person with a disability, or anyone else, who has brought or intends to bring a legal action, complaint or report (Art. 81(3)(d) and (h)); do not expose a person publicly on account of disability, including in digital environments, to provoke mockery (Art. 81(3)(e)).

Real Decreto Legislativo 1/2013, no discriminación y ajustes razonables: arts. 24, 29, 63 a 66, 74 a 77 y 86 · Read the law's page

• If you supply goods or services available to the public, in the public or the private sector, observe equal opportunities for persons with disabilities and avoid direct or indirect discrimination on grounds of disability (Real Decreto Legislativo 1/2013, Art. 29(1)).
• Make the reasonable adjustment a person with a disability needs in a particular case, unless it imposes a disproportionate or undue burden judged by its costs, the discriminatory effect of not adopting it, your structure and characteristics and the funding available; failing to make a reasonable adjustment is discrimination (Arts. 2(m), 63 and 66(2)).
• Meet the basic accessibility and non-discrimination conditions that regulation sets for information society technologies, products and services and for social communication media (Art. 24(1); additional provision 3(1)(a)), and for goods and services available to the public (Art. 29(4); additional provision 3(2)).
• Treat a person with a disability differently in access to goods and services only where a legitimate purpose justifies it and the means are appropriate, proportionate and necessary (Art. 29(3)); your freedom to choose the other party stays unaffected where the choice is not determined by disability (Art. 29(2)).
• Where a claimant shows well-founded indications of disability discrimination, be ready to supply an objective and reasonable justification of your conduct and of its proportionality, sufficiently proved (Art. 77(1)).

Ley 15/2022, de 12 de julio, integral para la igualdad de trato y la no discriminación, arts. 2, 3, 4, 6, 17 y 25 a 30 · Read the law's page

• The Act names no technical accessibility standard: make your website and your application tend to meet the accessibility requirements that secure equal, non-discriminatory access for users, in particular persons with disabilities and older persons (Ley 15/2022, Art. 17(3)).
• If you offer goods or services to the public in a commercial or professional activity, do not discriminate in access to them on grounds that include disability (Arts. 17(1) and 2(1)); the Act reaches the internet, social networks and mobile applications (Art. 3(1)(n)).
• Treat a denial of the reasonable adjustments a person with a disability needs as direct discrimination: make the necessary and suitable modifications and adaptations that a particular case requires, unless they impose a disproportionate or undue burden (Art. 6(1)(a)).
• Apply methods sufficient to detect discrimination, adopt preventive measures and put an end to discriminatory situations (Art. 25(1)); a provider that has not met these obligations also answers for the damage discrimination causes within its organization (Art. 27(2)).
• Repair the damage you cause by discrimination with compensation and, where possible, by restoring the victim to the situation before the incident; moral damage is presumed once discrimination is established (Art. 27(1)).
• Where a claimant shows well-founded indications of discrimination, be ready to supply an objective and reasonable justification, sufficiently proved, of your measures and their proportionality (Art. 30(1)).

Ley 13/2022, de 7 de julio, General de Comunicación Audiovisual, accesibilidad: arts. 101 a 106 y disposición transitoria cuarta · Read the law's page

• If you provide an audiovisual communication service, improve its accessibility progressively and continuously, develop continuous-improvement accessibility plans and report them each year to the Comisión Nacional de los Mercados y la Competencia, and finance the adaptations your services need (Ley 13/2022, Art. 101(1)(a) to (c)).
• Meet the Spanish UNE quality standards for subtitling and audio description progressively, apply the quality criteria of the Centro de Normalización Lingüística de la Lengua de Signos Española to sign-language content, and keep electronic programme guides synchronized with what is broadcast and marked with the accessibility measures of each programme (Art. 101(1)(d), (e) and (h)).
• Make the web pages through which your services are reached, their content and your mobile applications gradually accessible (Art. 101(1)(g)).
• Broadcast emergency information, including announcements in natural disasters and public health crises, in a clear, understandable and accessible way (Art. 101(3)).
• If you provide a free-to-air linear television service, subtitle at least 80% of your programmes from the start of the service and in any case those broadcast in prime time, and broadcast at least five hours a week of sign-language programmes and five hours a week of audio-described programmes, mainly in prime time; a public service provider subtitles at least 90% and broadcasts at least fifteen hours a week of each (Art. 102(1) and (2)).
• If you provide a conditional access linear television service, subtitle at least 30% of your programmes and broadcast at least five hours a week of audio-described programmes, and add programmes in sign language gradually (Art. 103(1)).
• If you provide an on-demand television service, subtitle at least 30% of the programmes in your catalog and add programmes with audio description and sign language gradually (Art. 104(1)).
• Keep the accessibility measures that third-party programmes carry when the interoperable formats agreed in the self-regulation codes are used, and distribute aggregated services with their accessibility measures intact (Art. 105(1) and (2)).
• These obligations are not enforceable against a provider with a low turnover and a low audience; until regulations set the terms, annual revenues below EUR 2 million and an audience below 2% for linear television, or below 1% for on-demand television, count as low (Art. 101(4); fourth transitional provision).

Real Decreto 193/2023, de 21 de marzo, bienes y servicios privados concertados con las Administraciones, arts. 3, 5, 6, 11, 14 a 18, 21 y 28 · Read the law's page

• If you supply privately owned goods and services that the public administrations contract or supply, observe the basic accessibility and non-discrimination conditions for goods and services available to the public, make reasonable and proportionate adjustments, and give persons with disabilities access to your premises, procedures and services (Real Decreto 193/2023, Arts. 3, 5(2) and 6).
• Give users and customers with disabilities information on your goods and services in accessible formats suited to their needs, whatever the channel, and pay special attention to food information and information on dangerous products (Art. 14(1)).
• If you own a website or mobile application not funded from public money whose content concerns goods or services available to the public, build it to the accessibility criteria of Real Decreto 1112/2018 and, in particular, to the priority A and AA requirements of standard UNE 139803 (Art. 14(2)).
• If you are a company that provides services to the public in general of special economic importance (Art. 14(4), by Ley 56/2007, Art. 2(2): more than 100 workers or an annual volume of operations above EUR 6,010,121.04, in electronic communications, financial services, water, gas or electricity supply, travel agency services, passenger transport or retail), make your publicly open websites universally accessible, state the degree of accessibility of your goods, services, premises and procedures, and state whether you run any line of action or attention aimed at persons with disabilities (Art. 14(3)).
• Guarantee persons with disabilities accessible access to the information on the processing of their personal data and to the exercise of their data protection rights (Art. 14(5)).
• Give persons with disabilities, in accessible format, the information on their consumer rights, including the right to complain, and where applicable the commercial offer, the contract and the invoice, where you are obliged to give them; keep customer service and information services accessible; keep repair and maintenance services in accessible format for at least ten years from the end of manufacture of the good or for as long as the service lasts (Art. 16(1), (2) and (4)).
• If you make vending machines, build them to universal design or adapt machines already in use that are not at the end of their life (Art. 17(1)); if you run a shop of more than 150 square metres of usable exhibition and sales area that makes electronic or technological equipment available to customers, make it accessible where no real impossibility exists and the adaptation is a proportionate reasonable adjustment, including in itinerant sales where the nature of the activity allows it (Art. 17(4) and (5)).
• If you are a financial, banking or credit institution, insurer or insurance intermediary, make your cash machines and other service terminals meet the accessibility requirements of the law transposing Directive (EU) 2019/882, and make telephone and electronic customer service accessible under the applicable technical standard (Art. 18(2) and (3)).
• If you are a postal operator, guarantee accessibility and reasonable adjustments in collection, admission, distribution and delivery and in information, customer attention and complaints, in person or at a distance, including interactive self-service terminals and mobile applications (Art. 28).
• Make your specific customer services accessible, give customers with disabilities personal guidance and help where they ask and need it to use the service, and train the staff of those services in attending persons with disabilities and in using the support products available (Art. 11(2) and (3)).
• If you are an accredited consumer alternative dispute resolution entity, make your procedures, offices and information and attention services universally accessible (Art. 16(3)); if you run a private education center or non-formal education, make your training offer, materials and supports accessible to persons with disabilities (Art. 21(5)).
• Goods and services with a specific regulation that sufficiently guarantees non-discrimination and universal accessibility, as public, public-utility or general-interest services, are outside these conditions (Art. 4); the transport modes stay under Real Decreto 1544/2007 and the European passenger rights regulations (additional provision 5).

Ley 11/2023, de 8 de mayo, ampliaciones nacionales: arts. 2.2 g) a i), 3.2 y 15 y disposición adicional tercera · Read the law's page

• If you provide to consumers the website or a mobile application of an electricity, water or gas supply service, the website or a mobile application of a travel agency or tour operator, or a social network, meet the universal accessibility requirements of Sections III and IV of Annex I (Ley 11/2023, Arts. 2(2)(g) to (i) and 3(1)).
• Make your websites within Title I meet at least the intermediate level of the generally recognized web content accessibility criteria, taking standard UNE 139803 or its successor as the reference, without prejudice to the technical criteria of Real Decreto 1112/2018 (additional provision 3).
• Make the built environment that clients of the services use meet the accessibility requirements of Annex III, in accordance with the sectoral legislation in force (Art. 3(2)).
• Train your staff continuously on how to use accessible products and services, including supplying information, advice, advertising and attention to diversity (Art. 15).
• The service requirements and any obligation relating to compliance with them do not apply to a microenterprise, meaning an enterprise that employs fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR 2 million (Arts. 3(3); Annex VII, point 16).

Ley 11/2023, de 8 de mayo, de trasposición de Directivas de la Unión Europea en materia de accesibilidad de determinados productos y servicios, título I (arts. 1 a 31) · Read the law's page

• If you provide to consumers a service listed in Article 2(2)(a) to (f) (electronic communications, access to audiovisual media services, elements of passenger transport services, consumer banking, e-books and their dedicated software, or e-commerce), meet the universal accessibility requirements of Sections III and IV of Annex I (Ley 11/2023, Arts. 2(2) and 3(1)); urban, suburban and regional transport services meet Section IV only.
• Provide the service with products that meet Section I of Annex I and, where relevant, Section II; give information on how the service works, and on its accessibility features and interoperability with assistive devices, through more than one sensory channel and in a form that is easy to understand and perceivable; make your websites, related online applications, mobile device services and mobile applications perceivable, operable, understandable and robust; and have any support services you run (help desks, call centers, technical support, relay and training services) give information on the service's accessibility and compatibility with assistive technologies in accessible modes of communication (Annex I, Section III(a) to (d)).
• For e-commerce services, give the accessibility information on the products and services for sale where the responsible economic operator provides it, make the identification, security and payment function perceivable, functional, understandable and robust where it is provided as part of the service, and offer identification methods, electronic signatures and payment services that are perceivable, functional, understandable and robust (Annex I, Section IV(g)).
• For consumer banking services, make identification methods, electronic signatures, security and payment services perceivable, functional, understandable and robust, and keep information at or below level B2 of the Common European Framework of Reference for Languages (Annex I, Section IV(e)).
• For electronic communications services, offer real-time text as well as voice and full conversation with video support, and make emergency communications that use voice and text, or video, synchronized and transmitted by you to the most appropriate public safety answering point (Annex I, Section IV(a)); for services giving access to audiovisual media services, offer accessible electronic program guides and transmit subtitles, audio description, spoken subtitles and sign language in full (Annex I, Section IV(b)).
• For e-books, keep text and audio synchronized, do not block assistive technology, give access to and navigation through the content with a dynamic layout, allow alternative renditions, make the e-book discoverable through accessibility metadata, and do not let digital rights management block accessibility features (Annex I, Section IV(f)); for air, bus, rail and waterborne passenger transport, give information on the accessibility of vehicles, infrastructure and assistance and on smart ticketing, real-time travel information and additional services (Annex I, Section IV(c)); for urban, suburban and regional transport, make the self-service terminals used to provide the service accessible (Annex I, Section IV(d)).
• Include in your general conditions, or an equivalent document, the information that evaluates how the service meets the accessibility requirements, make it available to the public in written and oral form and in a way accessible to persons with disabilities, and keep it up to date (Art. 13(2) and (4)).
• Keep procedures that keep the service conforming, provide information showing that the way you provide and monitor the service keeps it conforming, take corrective measures where it does not conform, tell the competent authorities of the Member States where you provide it, and give a competent authority on a reasoned request the information it needs and your cooperation (Art. 13(5) to (8)).
• Make the products you use in the service with which the consumer interacts meet the accessibility requirements, remain responsible when you subcontract part of the service, and train your staff on accessible products and services (Arts. 14 and 15).
• A passenger transport service that meets the accessible-information and accessibility-information requirements of the European passenger rights regulations and railway interoperability acts is treated as meeting the corresponding requirements of Title I, and any additional requirement of Title I applies in full (Art. 4).
• Assess, under the criteria in Annex V, whether compliance would substantially modify the basic nature of the service or impose a disproportionate burden; document the assessment keep it for five years after the last provision of the service and give the authority a copy on request; renew it for each category or type of service when the service changes, when an authority asks and at least every five years; and send information to the authorities of the Member State where you provide the service (Art. 16(2), (3), (5) and (7)). You cannot rely on the disproportionate burden exception for accessibility improvements you fund from sources other than your own resources (Art. 16(6)), and you must still make the service as accessible as possible (Art. 16(1)).
• The service requirements and any obligation relating to compliance with them do not apply to a microenterprise, meaning an enterprise that employs fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR 2 million (Arts. 3(3); Annex VII, point 16).
• Until 28 June 2030, you may keep providing services with the products you lawfully used to provide similar services before that date, continue service contracts concluded before 28 June 2025 unchanged until they expire but for no longer than five years from that date, and keep using self-service terminals lawfully in use before 28 June 2025 until the end of their economic life, for no more than ten years after they were put into operation (transitional provision, paras. 1 and 2).

Real Decreto 193/2023, de 21 de marzo, resto de bienes y servicios privados, arts. 3, 5, 6, 11, 14 a 18, 21 y 28 · Read the law's page

• If you supply privately owned goods and services other than those the public administrations contract or supply, observe the basic accessibility and non-discrimination conditions for goods and services available to the public, make reasonable and proportionate adjustments, and give persons with disabilities access to your premises, procedures and services (Real Decreto 193/2023, Arts. 3, 5(2) and 6).
• Give users and customers with disabilities information on your goods and services in accessible formats suited to their needs, whatever the channel, and pay special attention to food information and information on dangerous products (Art. 14(1)).
• If you own a website or mobile application not funded from public money whose content concerns goods or services available to the public, build it to the accessibility criteria of Real Decreto 1112/2018 and, in particular, to the priority A and AA requirements of standard UNE 139803 (Art. 14(2)).
• If you are a company that provides services to the public in general of special economic importance (Art. 14(4), by Ley 56/2007, Art. 2(2): more than 100 workers or an annual volume of operations above EUR 6,010,121.04, in electronic communications, financial services, water, gas or electricity supply, travel agency services, passenger transport or retail), make your publicly open websites universally accessible, state the degree of accessibility of your goods, services, premises and procedures, and state whether you run any line of action or attention aimed at persons with disabilities (Art. 14(3)).
• Guarantee persons with disabilities accessible access to the information on the processing of their personal data and to the exercise of their data protection rights (Art. 14(5)).
• Give persons with disabilities, in accessible format, the information on their consumer rights, including the right to complain, and where applicable the commercial offer, the contract and the invoice, where you are obliged to give them; keep customer service and information services accessible; keep repair and maintenance services in accessible format for at least ten years from the end of manufacture of the good or for as long as the service lasts (Art. 16(1), (2) and (4)).
• If you make vending machines, build them to universal design or adapt machines already in use that are not at the end of their life (Art. 17(1)); if you run a shop of more than 150 square metres of usable exhibition and sales area that makes electronic or technological equipment available to customers, make it accessible where no real impossibility exists and the adaptation is a proportionate reasonable adjustment, including in itinerant sales where the nature of the activity allows it (Art. 17(4) and (5)).
• If you are a financial, banking or credit institution, insurer or insurance intermediary, make your cash machines and other service terminals meet the accessibility requirements of the law transposing Directive (EU) 2019/882, and make telephone and electronic customer service accessible under the applicable technical standard (Art. 18(2) and (3)).
• If you are a postal operator, guarantee accessibility and reasonable adjustments in collection, admission, distribution and delivery and in information, customer attention and complaints, in person or at a distance, including interactive self-service terminals and mobile applications (Art. 28).
• Make your specific customer services accessible, give customers with disabilities personal guidance and help where they ask and need it to use the service, and train the staff of those services in attending persons with disabilities and in using the support products available (Art. 11(2) and (3)).
• If you are an accredited consumer alternative dispute resolution entity, make your procedures, offices and information and attention services universally accessible (Art. 16(3)); if you run a private education center or non-formal education, make your training offer, materials and supports accessible to persons with disabilities (Art. 21(5)).
• Goods and services with a specific regulation that sufficiently guarantees non-discrimination and universal accessibility, as public, public-utility or general-interest services, are outside these conditions (Art. 4); the transport modes stay under Real Decreto 1544/2007 and the European passenger rights regulations (additional provision 5).