Ships a mobile app, in Poland

Kodeks cywilny, art. 449[1]-449[10] · Read the law's page

• The Civil Code treats a product as a movable thing, joined to another thing or not, and treats animals and electricity as products; it is not settled whether that reaches software supplied on its own (Arts. 45 and 449[1] § 2).
• If you produce a product in the course of your business, you answer for the damage a dangerous product causes to anyone (Art. 449[1] § 1).
• If you make a material, raw material or component, you answer like the producer unless the design of the product or the producer's instructions were the sole cause of the damage (Art. 449[5] § 1).
• If you put your name, trade mark or another distinguishing mark on a product, or bring a product of foreign origin onto the domestic market in the course of your business, you answer like the producer (Art. 449[5] § 2).
• If the producer is not known, you answer as the seller of a dangerous product unless, within a month of notice of the damage, you name the producer (or for imported goods the importer) to the injured person (Art. 449[5] § 4).
• Offer the safety that can be expected in normal use, judged by the circumstances when you put the product into circulation, including how you present it and the information you give the consumer (Art. 449[1] § 3).
• Be able to show that you did not put the product into circulation or did so outside your business, that its dangerous properties appeared only afterwards without a cause already in the product, that they could not be foreseen given the state of science and technology when you put it into circulation, or that they resulted from applying legal rules, because the law presumes the product was made and put into circulation in your business (Arts. 449[3] and 449[4]).
• Do not rely on a contract term to exclude or limit your liability for damage a dangerous product causes (Art. 449[9]).

Dz. U. 2024 poz. 731, art. 14 i art. 5 pkt 31 ustawy o zapewnianiu spełniania wymagań dostępności niektórych produktów i usług przez podmioty gospodarcze · Read the law's page

• If you provide a service that gives access to audiovisual media services (a service delivered over a telecommunications network to identify media services other than radio programs, select them, receive information about them and display them, including the related facilities for persons with disabilities and electronic program guides), meet the general service requirements of Article 12 and, in addition, make electronic program guides and the information on facilities for persons with disabilities perceivable, functional, understandable and compatible (Art. 14 point 1; implements Directive (EU) 2019/882, Annex I, Section IV, point (b)(i)).
• Pass on the facilities for persons with disabilities that the audiovisual media service provider supplies (as defined in the Act on Radio and Television Broadcasting) with a quality that allows them to be displayed properly, synchronized with sound and picture, and controlled by the user (Art. 14 point 2; Annex I, Section IV, point (b)(ii)).
• The Act does not apply to services offered or provided by microenterprises (Art. 4 point 1).

Dz. U. 2024 poz. 731, art. 15, art. 20 ust. 2 i art. 3 ust. 2 pkt 3 ustawy o zapewnianiu spełniania wymagań dostępności niektórych produktów i usług przez podmioty gospodarcze · Read the law's page

• If you provide to consumers services that accompany bus, coach, waterborne, air or rail passenger transport, make the websites, the services offered through mobile devices including mobile applications, the electronic tickets and electronic ticketing services, the information on those services including real-time travel information, and the information given through interactive self-service terminals located in the European Union meet the general service requirements of Article 12; information given through information screens is covered only for interactive screens located in the European Union, and terminals installed as integrated parts of vehicles, aircraft, vessels and rolling stock are excluded (Art. 3(2) point 3; Art. 12).
• In addition, give information on the conditions available to persons with special needs, including their current state, for the vehicles, aircraft, vessels and rolling stock and for the premises and public-use buildings used to provide the service and the infrastructure around them; on the assistance given to persons with special needs and its current state; on electronic ticketing systems; and on real-time travel (Art. 15(1); implements Directive (EU) 2019/882, Annex I, Section IV, point (c)).
• The information on premises and buildings covers in particular whether the requirements of Article 6 points 1 and 3(a) and (b) of the Act of 19 July 2019 and of Article 5(1) point 1(d) and point 4 of the Construction Law are met (Art. 15(2)).
• Bus and coach passenger transport services are the services of Article 2(1) and (2) of Regulation (EU) No 181/2011, and waterborne passenger transport services the passenger services of Article 2(1) of Regulation (EU) No 1177/2010 other than those of its Article 2(2) (Art. 5 points 29 and 34).
• Services that meet the accessible-information and accessibility-information requirements of the EU passenger rights regulations for air, rail, waterborne and bus and coach transport and of the rail interoperability regulations listed in Article 20(2) are deemed to meet the corresponding accessibility requirements (Art. 20(2); Directive (EU) 2019/882, Art. 5).
• The Act does not apply to urban transport services or to municipal, metropolitan, county, county-municipal and voivodeship passenger transport, except the interactive self-service terminals providing information in Article 3(2) point 3(e) (Art. 4 point 3; Annex I, Section IV, point (d)).
• The Act does not apply to services offered or provided by microenterprises (Art. 4 point 1).

Dz. U. 2024 poz. 731, art. 18 i art. 5 pkt 32 ustawy o zapewnianiu spełniania wymagań dostępności niektórych produktów i usług przez podmioty gospodarcze · Read the law's page

• If you offer or provide to consumers a service through a website or a mobile device, delivered electronically at the individual request of the consumer in order to conclude a contract, meet the general service requirements of Article 12 and, in addition, give information on the accessibility of the products or services you sell where you have supplied that information (Art. 18 point 1; Art. 5 point 32; implements Directive (EU) 2019/882, Annex I, Section IV, point (g)).
• Make the functions and methods of identification, security, electronic signature and payment that form part of the service perceivable, functional, understandable and compatible (Art. 18 point 2).
• The Act does not apply to services offered or provided by microenterprises (Art. 4 point 1).

Dz. U. 2024 poz. 731, art. 3 ust. 2, art. 4, art. 12, art. 19-22, art. 32-33 i art. 85-86 ustawy o zapewnianiu spełniania wymagań dostępności niektórych produktów i usług przez podmioty gospodarcze · Read the law's page

• If you offer or provide to consumers a service listed in Article 3(2) (telecommunications services other than machine-to-machine transmission; access to audiovisual media services; the websites, mobile services and applications, electronic tickets, travel information and interactive self-service terminals that accompany bus, coach, waterborne, air and rail passenger transport; retail banking; e-books; e-commerce), make it meet the accessibility requirements of Articles 12 to 18 (implements Directive (EU) 2019/882, Art. 2(2) and Art. 4(1) and (3)).
• Use, to offer or provide the service, products that meet the requirements of Articles 7 to 11 (Art. 12(1)).
• Give information about the service, and about the accessibility features of products used in it and their interoperability with assistive tools, on paper or electronically, through more than one sensory channel, in an understandable way, in text formats usable for alternative and assistive communication, in a suitable font with sufficient contrast and spacing, with a non-text alternative; when electronic, make it perceivable, functional, understandable and compatible; and keep your websites and mobile applications uniform in the same four respects (Art. 12(2); Annex I, Section III).
• For a feature or property of the service that Articles 12 to 18 do not cover, apply the functional criteria of Article 19(2); you may apply them in place of one or more requirements where they give equivalent or greater accessibility (Art. 19).
• Where you offer support services such as technical help, call centers, relay services or training, give information on the accessibility of the product or service and its compatibility with assistive tools in line with the requirements of Article 12 and Article 13 (Art. 22).
• Assess the conformity of the service with the accessibility requirements (Art. 32(1); implements Directive (EU) 2019/882, Art. 13).
• State in your terms of service or an equivalent document, in writing and in a form accessible to persons with special needs under Article 12(2), information on the service, what is needed to use it and how it meets the accessibility requirements, and keep that information for as long as the service is on offer (Art. 32(2) points 1 and 3).
• Give information on how the service is offered and monitored in a form accessible to persons with special needs, and take account of changes in how the service is offered, in the requirements and in the harmonized standards or technical specifications on which you declare conformity (Art. 32(2) points 2 and 4).
• If the service does not meet the requirements, take the corrective action needed, and inform the market surveillance authority without delay of the non-conformity and the action taken (Art. 32(2) points 5 and 6).
• On request of the PFRON President or the market surveillance authority, supply within the time set the information needed to show conformity, and cooperate on the corrective action (Art. 32(2) points 7 and 8).
• In the information about the service, state either the current state of the conditions that let persons with special needs use the premises, public-use buildings and surrounding infrastructure used to provide the service, as far as they enable use of the service, or the accessibility certificate you hold under Article 19(1) of the Act of 19 July 2019 if one was issued (Art. 33).
• The accessibility requirements apply only so far as compliance needs no fundamental alteration of the basic nature of the service and imposes no disproportionate burden; assess both, document the assessment, keep it for five years from the end of offering the service, give a certified copy on request, and tell the market surveillance authority in writing without delay if you need not meet a requirement (Art. 21(1) to (8)).
• If you rely on the disproportionate-burden limit, repeat the assessment for the service at least every five years, each time the scope of the service or the way it is offered changes, and on request of the PFRON President or the market surveillance authority; the limit is not available for a requirement where you received funding from a source other than your own resources to meet it (Art. 21(10) and (11); Directive (EU) 2019/882, Art. 14).
• The Act does not apply to services offered or provided by microenterprises (Art. 4 point 1; Directive (EU) 2019/882, Art. 4(5)).
• The Act does not apply to maps and interactive maps, including geoportals, intended for navigation where address data and geographic position are presented in a digitally accessible way, or to content that you do not fund or create and that is not under your control (Art. 4 point 2).
• The Act does not apply to urban transport services or to municipal, metropolitan, county, county-municipal and voivodeship passenger transport, except interactive self-service terminals providing information (Art. 4 point 3).
• Until 28 June 2030 you may keep providing services under contracts concluded before 28 June 2025 on unchanged terms until they expire, and may keep providing similar services with products you used for them before that date (Art. 85(1) and (2); Directive (EU) 2019/882, Art. 32(1)).
• Self-service terminals that you used lawfully for such services before 28 June 2025 may be used for similar services until the end of their economic useful life, but not longer than 20 years from the start of their use (Art. 85(3); Directive (EU) 2019/882, Art. 32(2)).
• The Act does not apply to the content of websites and mobile applications that is pre-recorded time-based media published before 28 June 2025, document files published before that date, or archived content not updated or edited since that date (Art. 86).

Dz. U. 2024 poz. 731, art. 38-66 i art. 73 ustawy o zapewnianiu spełniania wymagań dostępności niektórych produktów i usług przez podmioty gospodarcze · Read the law's page

• If an authority starts an inspection of your product or service, hand over the evidence and information it reasonably asks for, make documents available and allow copies, give written and oral explanations, let the inspector enter your premises and buildings used to offer the service, and hand over product samples free of charge; a business holding products or documents that fall within an inspection of another operator must make them available on request (Arts. 44 to 46 and 49).
• Keep the control sample in conditions that do not change its quality until the authority releases it (Art. 47(5)).
• Bear the test fees if the product is found not to meet the accessibility requirements; the State Treasury bears them if it does (Art. 48).
• If an inspection finds that a product does not meet a requirement and you did not make the Article 21(2) assessment, or made it or applied its criteria wrongly, make the assessment and present its results within the period the authority sets, which is not shorter than 60 days; if you do not, the authority opens proceedings (Art. 51(2) and (3)).
• If the authority finds a product non-compliant, take the corrective action needed or withdraw the product and show within the period it sets, not longer than 120 days from receipt of its call, that you did so; if it finds a service non-compliant, take the corrective action or stop offering the service and show that within the same period (Art. 52(1) point 1 and Art. 62(1) point 1).
• If the product or service endangers the health or safety of consumers, notify consumers in the way the authority specifies and show that you did (Art. 52(2) and Art. 62(2)).
• Comply with the decision that orders you to ensure the product or service meets the requirements or to carry out the duties not performed, to withdraw the product, to stop offering the service or not make the product available, or to notify consumers, and inform the authority of its execution in the way and time it sets; a decision may be made immediately enforceable where a consumer's interest requires it (Art. 56 and Art. 65).
• Comply with a ban on making the product available or on offering the service for up to 180 days, which the authority may extend until the proceedings end (Art. 52(1) point 2, Art. 54, Art. 62(1) point 2 and Art. 64).
• Pay a fine within 14 days from the day the decision imposing it becomes final, into the Accessibility Fund (Art. 73(5)).
• Services offered or provided by microenterprises are outside the Act (Art. 4 point 1).