Duty LXD-7656
Is an insurer, in Belgium
Code of Economic Law, Book VIII Title 5, accessibility requirements for consumer banking and e-commerce services (Law of 5 November 2023)since 14 lines
Wetboek van economisch recht, boek VIII, titel 5 (art. VIII.58 tot VIII.66), boek XV (art. XV.18/5, XV.18/6, XV.62/7, XV.101/1 en XV.132) en bijlagen 1 tot 4, ingevoegd bij de wet van 5 november 2023 · Read the law's page
- If you offer consumer banking services or e-commerce services to consumers, Title 5 of Book VIII of the Code of Economic Law applies to you from (Articles VIII.58(1) and 38 of the Law of ).
- Until , enterprises with fewer than ten employees and an annual turnover or annual balance sheet total of at most EUR 2,000,000 are outside the Law, except for its Article 5 (Article 40); from the Law reaches them too, and the King may exclude all or certain categories of micro-enterprises from all or some of the requirements (Article VIII.59(2)).
- Design and provide only services that meet the accessibility requirements in Annex 1 to Book VIII, and make sure that a service you outsource in whole or in part meets them too (Article VIII.59(1)).
- Make websites, related online applications and mobile device services, including mobile applications, perceivable, operable, understandable and robust, give information on how the service works and on its accessibility features through more than one sensory channel, and have any support service give accessibility information through accessible communication methods (Annex 1, Section 1).
- If you offer consumer banking services, provide identification methods, electronic signature, security and payment services that are perceivable, operable, understandable and robust, and write the information no more difficult than level B2 of the Common European Framework of Reference for Languages (Annex 1, Section 2).
- If you offer e-commerce services, give information on the accessibility of the products and services offered for sale when the responsible operator supplies it, make identification, security and payment functions provided as part of the service accessible, and provide identification methods, electronic signatures and payment services that are perceivable, operable, understandable and robust (Annex 1, Section 3).
- Where Sections 1 to 3 of Annex 1 do not address a function of your service, make it accessible by meeting the functional performance criteria of Section 4 (Annex 1, Section 4).
- Prepare the information required by Annex 2, explain how your services meet or do not meet the applicable accessibility requirements, make it available to the public in writing and orally, including in a way accessible to persons with disabilities, and keep it for as long as the service operates (Article VIII.60).
- Apply procedures that keep your service in line with the requirements for as long as you provide it, take corrective measures when it no longer conforms, tell the officials designated under Article XV.2 at once, and give them on request the information and documentation that shows conformity (Article VIII.61).
- The requirements apply only to the extent that compliance does not require a significant change resulting in a fundamental alteration of the nature of the service and does not impose a disproportionate burden; assess this on the Annex 3 criteria, document the assessment, keep the results for five years after the service was last provided, renew the burden assessment when the service changes, on request and at least every five years, and tell the officials proactively that you rely on an exception (Article VIII.62(1) to (4) and (6)).
- You cannot rely on the disproportionate burden exception if you receive public or private funding, other than your own resources, to improve accessibility (Article VIII.62(5)).
- You do not need to make accessible pre-recorded time-based media and office file formats published before , online maps and mapping services where essential navigation information is provided in an accessible digital way, third-party content you do not finance, develop or control, or archive content (Article VIII.58(2)).
- Service contracts concluded before may continue unchanged until they expire, for no more than five years from that date, products you lawfully used before that date may continue to be used for similar services until , and self-service terminals lawfully in use before may stay in use until the end of their economic life, for no more than twenty years after they entered use (Article 39).
- A service that meets harmonised standards, or parts of them, published in the Official Journal of the European Union is presumed to conform to the requirements to the extent the standards cover them (Article VIII.63).