Is a crypto-asset provider, in Estonia

Sotsiaalkaitseministri määrus nr 45 „Toote ja teenuse funktsionaalsed ligipääsetavusnõuded ja nõuded nende kohta antavale teabele” (RT I, 15.06.2022, 5) · Read the law's page

• Where the nature of the product allows, give information on how the product works and on its accessibility elements in or on the product; make the instructions for use cover the accessibility functions and how to activate them, and present information on using the product, including labeling, instructions and warnings, so that it is perceivable through more than one sense, understandable, and set in contrasting type that takes expected user needs into account; make instructions found on a website or otherwise available in a text format that can be used to create alternative assistive formats, with non-text content presented in an alternative way; and make the instructions describe the product's user interface and functionality against section 7 and the software and hardware that interface with assistive devices, with a list of the assistive devices tested with the product (s. 6(1) to (6)).
• Make a product and its user interface perceivable, usable, understandable and controllable by a person with a disability: operating modes usable with limited reach and strength, no triggering of photosensitive seizures, an alternative to biometric identification, functional consistency with enough flexible time for interaction, connection to assistive technologies, and protection of user privacy when accessibility elements are used (s. 7(1) and (2)).
• Offer alternatives to speech, voice, visual elements, sound and color or sound signals used to convey information, request a response or identify elements, flexible magnification, brightness and contrast, adjustable volume and speed, and manual operation that can be sequenced and uses tactilely distinguishable parts (s. 7(3) to (9)).
• Make the packaging of the product, and the information on it about opening, closing, use and disposal, accessible, and add existing information about the product's accessibility features where possible; these requirements on packaging and web-based instructions do not apply to a self-service terminal (ss. 1(4) and 8).
• When providing a service, give information on how the service works, on the accessibility features of the product used and on its interoperability with assistive technologies, and, where a support service exists, give information on the accessibility of the product or service and its compatibility with assistive technologies through accessible means of communication (s. 9).
• When providing a service, ensure the accessibility of the product used to provide it, and make a website and a mobile-device-based service perceivable, usable, understandable and robust (s. 10).
• If you provide a self-service terminal, include speech synthesis, allow personal headphones, warn the user through more than one sense when response time is limited, allow the time for use to be extended, give it sufficient contrast and tactilely distinguishable keys and controls where they exist, make it compatible with assistive technologies when it uses audio signals, and allow a user with a disability access without activating an accessibility element (s. 11).
• If you supply an e-reader, give it a function for audio presentation of text (s. 12).
• If you supply consumer terminal equipment used for electronic communications services, allow real-time text and support high-level audio devices where it sends text and voice, allow total conversation where it also sends video, make it compatible with hearing technologies over a wireless connection, and do not let its functions disturb assistive technology (s. 13).
• If you supply consumer terminal equipment used to access audiovisual media services, make available to a user with a disability the accessibility elements the service provider transmits, for access, selection, control, personalization and transfer to assistive devices (s. 14).
• If you provide an electronic communications service, allow real-time text in addition to voice and text, allow synchronized total conversation where video is used, and ensure an emergency connection that allows an emergency message to be answered in the same format in which it was received, with voice and text (including real-time text) synchronized, or voice, text and video synchronized in total conversation where video is used (s. 16; Directive (EU) 2019/882, Annex I, Section IV, point (a)).
• If you provide a service giving access to audiovisual media services, offer perceivable, usable, understandable and robust electronic program guides that give information on the availability of accessibility features, deliver the accessibility elements (subtitles for the deaf and hard of hearing, audio description, spoken subtitles and sign-language interpretation) completely and in sufficient quality with synchronized sound and video, and let the user adjust display and use (s. 17).
• If you provide a long-distance air, bus, rail or waterborne passenger transport service, give information on the accessibility of the vehicle, the surrounding infrastructure and the built environment and on assistance for users with disabilities, on the smart ticketing system and its functions, on real-time travel information and on the availability of additional services, and meet the service requirements of sections 9 and 10 (s. 18); for municipal, city and county lines, make the self-service terminals accessible under sections 6, 7, 9, 10(1) and 11 (s. 19).
• If you provide a financial service, make the authentication methods, electronic signatures, payment instructions, execution of payment transactions and security measures, including blocking a payment instrument, perceivable, usable, understandable and robust, and give information that is understandable and not more complex than level B2 of the Common European Framework of Reference for Languages (s. 20).
• If you provide an e-book service, present text and sound synchronously where an e-book contains both, make the digital file let assistive technology work properly, let a user with a disability access, navigate and perceive the structure of the content and use it flexibly, make alternative presentations of the content and its interoperability with assistive technologies perceivable, understandable, operable and robust, make the e-book findable through metadata on its accessibility elements, and make the accessibility elements usable regardless of digital rights management measures (s. 21).
• If you provide an e-commerce service, include information on the accessibility of the product or service sold when the responsible business has made it available to you beforehand, and make the authentication, electronic signature and payment methods and the security functions perceivable, usable, understandable and robust (s. 22).
• Use the functional performance criteria of sections 24 to 29 only as an alternative to a technical requirement and only where they lead to equivalent or better access for a user with a disability; they cover at least one mode that eases cognitive use, privacy in the accessibility elements, a visual mode for limited vision and one that needs no vision, a mode that needs no color perception, an auditory mode with enhanced audio and one that needs no hearing, a mode that needs no voice input, and a manual mode that needs no fine motor control and works within limited reach (ss. 24 to 29).

Sotsiaalkaitseministri määrus nr 46 „Ettevõtja ebaproportsionaalse koormuse hindamise kriteeriumid ja ligipääsetavusnõuete kohaldamata jätmisest teavitamise kord” (RT I, 15.06.2022, 6) · Read the law's page

• If you assess whether complying would impose a disproportionate burden on you, assess the ratio of the net cost of complying with the applicable accessibility requirements to your total cost of producing, distributing or importing the product or providing the service, the ratio of your estimated costs and revenues to the expected benefit for people with disabilities, and the ratio of the net cost of complying to your net turnover (ss. 3 and 6).
• Count the one-off organizational costs (staff with accessibility expertise, training, developing a new process, guidance material and understanding the legal acts) and the current production and development costs (developing the accessibility elements, production, testing and documentation) in the net cost of complying (s. 4).
• Compare your estimated cost and revenue, including on production processes and investments, with the expected benefit for people with disabilities, taking account of how many times and how often the product or service is used (s. 5).
• When you notify TTJA that requirements are not applied, give your name and e-mail address and, if you deal with products, your role; the name of the product or service, its classification under section 2(1) and (3) of the LPS and its target group; the requirements not applied and the reason; and a confirmation that you have not been funded for improving accessibility from resources other than your own (s. 7).

§§ 16-21, Toodete ja teenuste ligipääsetavuse seadus (RT I, 15.06.2022, 1), ja toote nõuetele vastavuse seaduse §§ 5, 50, 58, 59, 61 ja 62 · Read the law's page

• If TTJA requires it, apply without delay the measures needed to bring your product or service into line with all applicable accessibility requirements (s. 18(1) point 1; Directive (EU) 2019/882, Art. 23(1)(c)).
• If you do not apply those measures, TTJA may prohibit or restrict making the product or service available on the Estonian market and may require its immediate removal from the market, so stop supplying it when it so orders (s. 18(1) point 2).
• Give TTJA the access it needs to check whether you made the assessment of fundamental alteration or disproportionate burden, to review its results and your use of the criteria, and to check conformity with the applicable requirements (s. 18(2); Directive (EU) 2019/882, Arts. 19(2) and 23(1)).
• Comply with a precept of TTJA; a precept that is not complied with can be backed by a penalty payment of up to EUR 10,000 (ss. 17 and 19).

§§ 2-4, 11 ja 22, Toodete ja teenuste ligipääsetavuse seadus (RT I, 15.06.2022, 1) · Read the law's page

• If you provide a service listed in section 2(3) to consumers (e-commerce, electronic communications including emergency communications, e-books and their dedicated software, financial services, the listed parts of air, bus, rail and waterborne passenger transport, or access to audiovisual media services), make the service meet the accessibility requirements when you provide it, subject to the defenses in section 5 (ss. 2(3), 4(1); Directive (EU) 2019/882, Arts. 4(1) and (3) and 13(1)).
• Provide the service with functions, practices, policies, procedures and changes in how it operates that meet the needs of people with disabilities and give them the maximum usability of the service, and make the elements of the service interoperable with assistive technologies (s. 4(3)).
• State in the general terms of the service, or an equivalent document, the accessibility requirements that apply to the service and give information on how the service is designed and operates (s. 4(3); Directive (EU) 2019/882, Annex V).
• Meet the functional accessibility requirements, and the requirements on the information given about them, that the Social Affairs Minister sets by regulation (s. 4(4); see the row for Regulation No. 45).
• Prepare information explaining how the service meets the applicable accessibility requirements, make it publicly available in written and oral form that is accessible, and keep it for as long as the service is provided (s. 11(2); Directive (EU) 2019/882, Art. 13(2)).
• Take account of changes in how the service is provided, in the applicable accessibility requirements and in the harmonized standards or technical specifications by which conformity is determined (s. 11(3); Directive (EU) 2019/882, Art. 13(3)).
• If the service does not meet the applicable requirements, apply corrective measures to bring it into line and notify TTJA without delay, giving details of the non-conformity and the corrective measures planned (s. 11(4); Directive (EU) 2019/882, Art. 13(4)).
• Cooperate fully with TTJA, on its request, in applying corrective measures to bring the service into line (s. 11(5); Directive (EU) 2019/882, Art. 13(5)).
• If you are a microenterprise (fewer than ten employees, with neither annual turnover nor annual balance sheet total above EUR 2 million), the Act's requirements do not apply to your service activity (ss. 2(11) and 3(4); Directive (EU) 2019/882, Art. 4(5)).
• The service requirements do not apply to online maps and mapping services where the essential navigation information is provided in accessible digital form, to third-party website or app content you neither fund, develop nor can influence, to self-service terminals integrated in a vehicle, to occasional transport under section 5 of the Public Transport Act, to certain waterborne passenger transport (excursions and pleasure trips other than cruises, original historic passenger ships designed before 1965 for up to 36 passengers, sailing ships, ships for up to 12 passengers, ships with a crew of up to three, and journeys under 500 metres), and to municipal, city and county lines other than their interactive self-service terminals (ss. 2(9) and (10)).
• The service requirements do not apply to pre-recorded time-based media and office-software file formats published on a website or mobile application before 28 June 2025, or to website or app content that is not updated or changed after that day (s. 22(5); Directive (EU) 2019/882, Art. 2(4)).
• A service contract you concluded before 28 June 2025 whose terms do not take the requirements into account may continue unchanged until it expires, and at the latest until 28 June 2030 (s. 22(2); Directive (EU) 2019/882, Art. 32(1)).
• You may keep using a self-service terminal that you used to provide the service before 28 June 2025 until the end of its economically useful life, and at the latest until 20 years after it was put into use, and may continue to provide the service until 28 June 2030 with a product you used for it before 28 June 2025 (s. 22(3) and (4); Directive (EU) 2019/882, Art. 32(1) and (2)).

§§ 4 lg 5, 5 ja 18 lg 2, Toodete ja teenuste ligipääsetavuse seadus (RT I, 15.06.2022, 1) · Read the law's page

• If you doubt that bringing a product or service into line with a requirement is possible without fundamentally altering its basic nature or without a disproportionate burden on you, assess that burden using the criteria of Social Affairs Minister Regulation No. 46 (ss. 4(5) and 5(1) and (6); Directive (EU) 2019/882, Art. 14(1) and (2)).
• Document the assessment and keep the results for five years from the last time the product was made available on the market or the service was last provided; a microenterprise dealing with products need not document it (s. 5(2); Directive (EU) 2019/882, Art. 14(3) and (4)).
• If you provide a service and rely on disproportionate burden, assess it again when the service is changed, when TTJA requests it and when five years have passed since the assessment (s. 5(3); Directive (EU) 2019/882, Art. 14(5)).
• Do not rely on disproportionate burden if you are funded for the purpose of improving accessibility from resources other than your own (s. 5(4); Directive (EU) 2019/882, Art. 14(6)).
• If the assessment shows that one or more requirements cannot be applied to you, notify TTJA and give it the documented result of the assessment on request; a microenterprise dealing with products gives TTJA, on request, the facts relevant to the assessment (s. 5(5); Directive (EU) 2019/882, Art. 14(8)).

Võlaõigusseadus, § 55^2 · Read the law's page

• If you are a trader offering a financial services contract by means of distance communication, give the consumer free explanations before the contract is concluded so that the consumer can assess whether the contract and any additional services suit the consumer's needs and financial situation (Võlaõigusseadus, section 55^2(1)).when it serves a financial business
• If you communicate with the consumer only through online means, let the consumer demand that a human intervene, and ensure that human intervention before the contract is concluded and, in justified cases, after it, in the language used for the pre-contractual information (section 55^2(2)).when it serves a financial business
• Be ready to prove that you gave adequate explanations, including the human intervention (section 55^2(3)).when it serves a financial business