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Is an insurer, in Slovakia

Government Regulation setting accessibility requirements, functional criteria and disproportionate-burden criteria for services for persons with disabilitiessince 11 lines

Nariadenie vlády Slovenskej republiky č. 283/2023 Z. z., ktorým sa ustanovujú požiadavky na prístupnosť služieb pre osoby so zdravotným postihnutím, kritériá funkčnosti a kritériá na posúdenie neprimeranej záťaže · Read the law's page

  • If you provide a service within section 2(1) of Act 351/2022, make the products you use to provide it accessible under the product accessibility requirements (Annex 1, point (a); Directive (EU) 2019/882, Annex I, Section III, point 1).
  • Give information on how the service works and, where products are used in it, on their link to the service, their accessibility features and their interoperability with assistive devices, through more than one sensory channel, in an understandable and perceivable way, in text formats that can be turned into alternative formats, in a suitable font size and type with enough contrast and adjustable spacing, with an alternative presentation of non-text content, and in electronic form where that is needed to provide the service in a perceivable, operable, understandable and robust way (Annex 1, point (b)).
  • Make the websites and mobile applications through which you provide the service, including related online applications and mobile services, comply with the standards for accessibility and functionality of websites and applications that Act 95/2019 refers to (section 24(1)(b)), so that they are perceivable, operable, understandable and robust; Decree 78/2020 sets that standard by reference to the Slovak technical standard STN EN 301 549 and, in particular, the rules of levels A and AA of WCAG 2.1 (Annex 1, point (c) and footnote 1; Directive (EU) 2019/882, Annex I, Section III, point 2).
  • If you run support services such as a helpdesk, telephone information centre, technical support, relay services or training, give through them information on the accessibility of the service and its compatibility with assistive technologies, by accessible means of communication (Annex 1, point (d)).
  • If you provide air, bus, rail or water passenger transport services, give information on the accessibility of the vehicle, the surrounding infrastructure and built environment and the assistance for persons with disabilities, and information on electronic ticketing, real-time travel and additional services such as station staffing, lifts out of order and services temporarily unavailable (Annex 2, part A).
  • If you provide urban, suburban or regional transport services, make the self-service terminals you use accessible under the product accessibility requirements (Annex 2, part B).
  • If you provide financial services, provide identification methods, electronic signatures, security and payment services that are perceivable, operable, understandable and robust, and give information that is understandable at no more than level B2 (intermediate) of the Council of Europe's Common European Framework of Reference for Languages (Annex 2, part C).
  • If you provide e-books, provide synchronised text and sound where an e-book has both, keep the digital files from hindering assistive technologies, give access to content, navigation and flexible presentation, allow alternative presentation and interoperability with assistive technologies, make the e-book findable through metadata on accessibility features, and do not let digital rights management measures block accessibility features (Annex 2, part D).
  • If you provide information society services, give information on the accessibility of the products and services sold where the responsible economic operator provides it, and make the identification, security and payment functions that are part of the service in place of a product, and the identification methods, electronic signatures and payment services, perceivable, operable, understandable and robust (Annex 2, part E).
  • Where the requirements do not cover a function of the service, meet the functional criteria: use without vision, with limited vision, without perception of colour, without hearing, with limited hearing, without vocal capability, with limited manipulation or strength, with limited reach, with limited cognition, and privacy (Annex 3).
  • Judge disproportionate burden on the ratio of net costs of compliance to the total costs of providing the service, the estimated costs and benefits to you against the benefit to persons with disabilities given how many times and how often the service is provided, and the ratio of net costs to your net turnover; count one-off organisational costs (extra expert staff, training, a new process, guidance, learning the rules) and ongoing production and development costs (design of accessibility features, production processes, testing, documentation) (Annex 4; Directive (EU) 2019/882, Art. 14 and Annex VI).
  • You may keep providing a service until with a product that does not meet the product accessibility requirements if you used that product to provide the service before in line with the rules governing its use (s. 5; Directive (EU) 2019/882, Art. 32(1)).
Act on the accessibility of products and services for persons with disabilities: duties of providers of services to consumers (passenger transport, financial, e-book and information society services)since 9 lines

§§ 2 až 8, 10 a 12 zákona č. 351/2022 Z. z. o prístupnosti výrobkov a služieb pre osoby so zdravotným postihnutím a o zmene a doplnení niektorých zákonov · Read the law's page

  • If you offer to consumers a service listed in section 2(1) of the Act (passenger transport by air, bus, rail or water as to websites, mobile services and applications, electronic tickets and ticketing services, travel information including real-time information and self-service terminals located in Slovakia; financial services; e-books and dedicated software; information society services), make the service meet the accessibility requirements that Government Regulation 283/2023 sets (ss. 2(1) and 4(1); Directive (EU) 2019/882, Arts. 2(2) and 4(1) and (3)).
  • Design and provide the service so that those requirements are met, and keep procedures in place so that the service stays in conformity when the service or the requirements change (s. 6(1)(a) and (c); Directive (EU) 2019/882, Art. 13(1) and (3)).
  • State in your general terms of service, or a similar document, a general description of the service in accessible formats, the explanations needed to understand how it works and a description of how it meets the requirements; give this information in written and oral form, also in a way accessible to persons with disabilities, for as long as you provide the service (s. 6(1)(b) and (2); Directive (EU) 2019/882, Art. 13(2)).
  • If the service does not meet the requirements, tell the supervisory authority, and the authority of any other Member State where you provide the service, without delay why not and what corrective measures you take, and take the necessary corrective measure within one year of that notice (s. 6(1)(d) and (e); Directive (EU) 2019/882, Art. 13(4)).
  • On a reasoned request, give the supervisory authority the documentation and all information needed to show that the service conforms, in the state language, and cooperate on each corrective measure (s. 6(1)(f); Directive (EU) 2019/882, Art. 13(5)).
  • Where the requirements do not cover a function of the service, make that function accessible under the functional criteria in Annex 3 of Government Regulation 283/2023 so that persons with disabilities can use it as far as possible; you may use the functional criteria instead of a specific technical requirement where the requirements allow it and the result is equal or better accessibility (s. 5(1) and (2)).
  • Assess whether that defence applies, keep the result for five years from the day you last provided the service, give the supervisory authority a copy on request, and renew the assessment when the service changes, when the authority asks and at least every five years (s. 7(2) and (3); Directive (EU) 2019/882, Art. 14(2), (3) and (5)).
  • You cannot rely on the disproportionate-burden defence if you took funds from sources other than your own for the purpose of improving the accessibility of the service (s. 7(4); Directive (EU) 2019/882, Art. 14(6)).
  • If you apply the requirements only to the extent the defence allows, notify that in writing to the supervisory authority and to the authority of the Member State where you provide the service (s. 7(5); Directive (EU) 2019/882, Art. 14(8)).
  • A service that conforms to harmonised standards or parts of them whose references are published in the Official Journal of the European Union, or to technical specifications or parts of them, is taken to meet the requirements to the extent those standards or specifications cover them (s. 4(2) and (3); Directive (EU) 2019/882, Art. 15).
  • For air, bus, rail and water passenger transport services, the requirements are taken as met to the extent they correspond to the accessible-information requirements that the passenger rights regulations set (s. 4(4)).
  • You need not meet the requirements to the extent that doing so would need a significant change that alters the basic nature of the service or would impose a disproportionate burden on you under the criteria in Annex 4 of Government Regulation 283/2023 (s. 7(1); Directive (EU) 2019/882, Art. 14(1)).
  • The Act does not apply to services provided by a microenterprise, defined by reference to Commission Recommendation 2003/361/EC: fewer than 10 persons employed and an annual turnover and/or annual balance sheet total of no more than EUR 2 million, counting partner and linked enterprises; an enterprise 25 percent or more of whose capital or voting rights is controlled by public bodies does not count as one (s. 2(3) and footnote 4; Recommendation 2003/361/EC, Annex, Arts. 2(3), 3 and 3(4); Directive (EU) 2019/882, Art. 4(5)).
  • The Act does not apply, for urban, suburban and regional transport, to the websites, mobile services and applications, electronic tickets and travel information of section 2(1)(a), points 1 to 4 (the self-service terminals of those services stay covered), to the content of online maps whose key navigation information is provided in an accessible digital manner, or to content that neither you nor an entity under your control created or financed (s. 2(2)).
  • A service provided under a contract concluded by need not meet the requirements until that contract ends, at the latest until (s. 12(1); Directive (EU) 2019/882, Art. 32(1)).
  • Pre-recorded time-based media and office file formats published on websites and in mobile applications before , and websites and mobile applications that count as archives and hold only content not updated or edited after that day, are outside the requirements (s. 12(2)).
  • The accessibility requirements for electronic communications services, for services giving access to audiovisual media services and for emergency communications to 112 are set by special regulations and not by this Act (s. 2(5)).
  • The service accessibility duties reach information society services in the sense of section 2(a) of Act 22/2004 (a service provided at a distance over an electronic communications network, usually for remuneration, at the recipient's request) when provided to consumers (s. 2(1)(d) and footnote 3).

Revisions

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  1. Revision 1, : the entry was first published.

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