Duty LXD-8126
Is a crypto-asset provider, in Finland
Payment Services Act, s. 86 d, accessible form of the Commission's brochure on consumers' rightssince 1 line
Maksupalvelulaki (290/2010), 86 d § · Read the law's page
- If you provide payment services under the Payment Services Act, make the Commission's brochure on consumers' rights in payment services easily available on your website, if you have one, and on paper at your business premises, and make the information in it available to disabled persons by appropriate alternative means (s. 86 d).
Act on the Provision of Digital Services, accessibility requirements, statement, feedback and supervision for private-sector providerssince 10 lines
Laki digitaalisten palvelujen tarjoamisesta (306/2019), 3 §, 3 luku (7-10 §) ja 4 luku (11-15 §) · Read the law's page
- If you provide a digital service within section 3(1), paragraphs 4 to 6 of the Act, ensure the perceivability and understandability of the content of your website or mobile application and the operability and robustness of its interfaces and navigation, in accordance with the accessibility requirements (s. 7(1)).
- Make the content of your digital service meet the accessibility requirements when it is available to users, and make pre-recorded time-based media meet them within 14 days of its first or repeated publication (s. 7(3)).
- If procurement law applies to your activity, take account of the accessibility requirements when you procure, as the Public Procurement Act (1397/2016) section 71(1) and the Act on Procurement by Entities in the Water, Energy, Transport and Postal Services Sectors (1398/2016) section 75(1) provide (s. 7(4)).
- Maintain an accessibility statement that contains at least an account of the parts of the content that do not meet the requirements and the reasons for departing, instructions for getting the information or service in an alternative way, an electronic contact for accessibility feedback, and a link to the supervisory authority's website for an accessibility complaint or request for clarification (s. 9(1)).
- Keep the statement in the format set by the European Commission's implementing act under Article 7(2) of Directive (EU) 2016/2102, easily available on your website in an accessible form; for a mobile application, make the statement accessible and available on your website or when the application is downloaded (s. 9(2) to (4)).
- Accept accessibility feedback, and requests for clarification of your disproportionate-burden grounds, from anyone at the electronic contact in your statement (s. 10(1)).
- Where a user needs content that does not meet the requirements to establish or exercise interests, rights or obligations, give that content, for a justified reason in an individual case, in a form that meets the requirements or in another way the user can access; the user makes the request to the electronic contact in your statement or to another alternative contact you publish, and if you do not give the content you draw up a written reasoned certificate for the requester (s. 10(2) and (4)).
- Send an electronic acknowledgement of receipt that states the time received, and answer feedback and requests without delay and within two weeks of the contact; you may extend the time by up to two weeks for a request that concerns a wide range of content, and must tell the requester (s. 10(3)).
- Bring the digital service into line with the requirements within a reasonable time when the supervisory authority, the Finnish Transport and Communications Agency (Traficom), orders it, and give a user the content they need in an accessible form within the time it sets when it so orders on the user's clarification request; the authority may back an order under section 12(3) with a conditional fine (ss. 11(2), 12(3) and 14).
- Give the supervisory authority, free of charge and notwithstanding secrecy provisions, the information and explanations it needs to handle a complaint or carry out supervision, in the time and form it orders; allow an inspection on your premises other than premises used for permanent residence, and give the access rights needed to reach services whose use is restricted online (s. 13).
- The accessibility requirements are those in the references to harmonized standards, or parts of them, that the European Commission publishes in the Official Journal of the European Union; the Act itself names no standard (s. 7(1)).
- Depart from the accessibility requirements only if a prior accessibility assessment lets you show that meeting them would impose a disproportionate burden on your activities, taking account of the needs of disabled people and of your size, financial position, and the nature and scale of your operations (s. 8).
- The Act does not apply to workplace intranets and extranets for a limited number of persons, teaching sites and applications used within a limited group for a limited time, public broadcasters' services other than audiovisual access services, live time-based media that is not stored for republication, maps and map services (although the essential guidance content of a navigation map must be offered in another accessible digital form), content you did not produce, finance or control, and heritage collection items that cannot be made accessible (s. 3(3)).
- The duties applied from to websites published on or after , from to earlier websites and to pre-recorded time-based media, and from to mobile applications (s. 17(1), (2) and (5)); for entities in water and energy supply, transport and postal services and for credit, payment, investment and insurance providers the Act has applied from (s. 17(6)); content archived before is outside the Act, and office-software files published before are within chapter 3 only where they are needed to establish or exercise a party's interests, rights or obligations (s. 17(3) and (4)).
Laki Finanssivalvonnasta, Supervision and Sanctions for the Digital Operational Resilience Regulationsince 2 lines
38 ja 40 §, Laki Finanssivalvonnasta (878/2008), DORA provisions · Read the law's page
- If you are a financial entity under DORA Article 2(2) supervised by Finanssivalvonta, meet the ICT risk-management duty in DORA Article 16 (Act 878/2008, section 38, first paragraph, item 12).when it serves a financial business
- Meet DORA's duties on ICT risk management (Articles 5 to 14), ICT-related incident management, classification and reporting (Articles 17 to 19), digital operational resilience testing (Articles 24 to 27) and management of ICT third-party risk (Articles 28 to 30) (section 40, second paragraph, item 13).when it serves a financial business
Act on the Provision of Digital Services, chapter 3a, accessibility requirements for certain consumer digital services, with Government Decree 179/2023since 12 lines
Laki digitaalisten palvelujen tarjoamisesta (306/2019), 3 a luku (10 a-10 g §), ja valtioneuvoston asetus eräiden digitaalisten palvelujen saavutettavuusvaatimuksista (179/2023) · Read the law's page
- If you offer passenger transport, e-book, online shop, consumer credit, investment, payment, basic payment account or electronic money services to consumers through a website or app, or a service that gives access to audiovisual content services or a communications service, make the digital service meet the additional requirements of section 10 c on top of section 7, from (ss. 10 a and 10 c(1)). Chapter 3a does not apply to the digital services of a microenterprise, which section 4, paragraph 2 of Act 102/2023 defines as an undertaking that employs fewer than 10 employees and has an annual turnover of at most EUR 2 million or an annual balance sheet total of at most EUR 2 million (s. 10 b).
- Meet chapter 3 as well: keep the accessibility statement of section 9 and handle accessibility feedback and requests for content in an accessible form within two weeks under section 10, which the government bill treats as part of the Directive's support-services requirement (ss. 9, 10 and 10 f).
- Give information on how the digital service works, and where it needs a particular product, state in the accessibility statement how the product relates to the service, what accessibility features it has and how it works with assistive devices (s. 10 c(3); Decree 179/2023 s. 2).
- Keep the information on consumer credit, investment, payment and banking services understandable, at no more than level B2 of the Common European Framework of Reference for Languages (s. 10 c(3); Decree 179/2023 s. 3).
- Make an e-book accessible so that it can be processed, read, used and navigated, with synchronized text and audio where it has both, files that do not stop assistive technology from working, access and navigation as the user chooses, alternative presentations, accessibility metadata and digital rights management that does not block the accessibility features (s. 10 c(3); Decree 179/2023 s. 4).
- Give information on the accessibility of the products and services in your online shop when the economic operator responsible for them has supplied that information to you (Decree 179/2023 s. 5).
- Where you rely on an alternative, equally accessible way of using the service instead of the requirements, meet the ten functional performance requirements of the Decree (s. 10 c(4); Decree 179/2023 s. 6).
- If you provide communications services or services that give access to audiovisual content services, meet the additional requirements in sections 194 c and 194 d of the Act on Electronic Communications Services (917/2014) (s. 10 c(5)).
- If you depart from the requirements, notify the supervisory authority, document the assessment, submit it on request and keep it for five years from when you last offered the digital service, and make the assessment again when the content changes, when the authority asks and at least every five years (s. 10 e).
- Publish in the accessibility statement that section 9 requires, in addition to its contents, a general description of the digital service and an account of how it meets the additional requirements of the Directive (s. 10 f).
- Notify the supervisory authority of any shortcomings in the accessibility of the digital service and of the corrective measures (s. 10 g).
- Bring the digital service into line within a reasonable time when Traficom orders it, and give Traficom the information it needs free of charge and access to your premises for an inspection; Traficom may back the order, the information duty and the inspection with a conditional fine (ss. 12(3), 13 and 14).
- Follow the harmonized standards or technical specifications that the Directive's Article 15 refers to if you want the digital service treated as meeting the requirements those standards or specifications cover (s. 10 c(2)).
- Depart from the accessibility requirements only if an accessibility assessment lets you show that compliance would impose the disproportionate burden of section 8 or a fundamental change to the basic nature of the service, and do not rely on the burden if you receive funding from outside your own funds that is granted for improving accessibility (s. 10 d).
- The Act does not apply to live time-based media that is not stored for republication, online maps and map services (although the essential guidance content of a navigation map must be offered in another accessible digital form), content you did not produce, finance or control, heritage collection items that cannot be made accessible, or the digital services of a public service broadcaster other than services giving access to audiovisual content services (s. 3(3)).
- Chapter 3a does not apply to website and app content archived before , to pre-recorded time-based media or office files published before that day, and a service contract made before may continue unchanged until it expires, but for no longer than five years from that day (Act 104/2023, transitional provisions; Decree 179/2023 s. 7).