Duty LXD-8384
Is a crypto-asset provider, in France
Banking, payment and investment services: accessibility duties of lenders, payment service providers, electronic money issuers and investment firms (transposition of Directive (EU) 2019/882)since 8 lines
Code de la consommation, art. L. 312-95 et L. 314-32; Code monétaire et financier, art. L. 133-44 (V), L. 311-14, L. 315-8-1, L. 323-1 et L. 323-2 · Read the law's page
- If you provide consumer banking contracts or services after (the pre-contractual information sheets and credit contracts, investment services, payment services and the operations of a payment account, the services linked to payment accounts, and the management of electronic money), make them meet the accessibility requirements of Article L. 412-13 of the Code de la consommation and of the Arrêté of (Code de la consommation, Art. D. 412-50, I, 4°).
- As lender, make sure that the contracts of section 11 of chapter II of title I of book III of the Code de la consommation, and the information sheets, offers and credit contracts you provide to your customers, meet those requirements (Art. L. 312-95 and L. 314-32).
- As payment service provider, make sure the authentication methods you provide to your customers meet those requirements (Code monétaire et financier, Art. L. 133-44, V).
- As a professional providing the payment-account and payment services of the Code monétaire et financier, make sure the operations and services you provide to your customers are accessible in accordance with Article L. 412-13 (Art. L. 311-14).
- As electronic money issuer, make sure all the operations needed to manage electronic money meet those requirements (Art. L. 315-8-1).
- As investment services provider, entity providing investment services that is not subject to the authorisation procedure of Article L. 531-2, or investment adviser, make sure the investment services of Articles L. 321-1 and L. 321-2 you provide, and all the operations needed to carry out, manage and terminate them, meet those requirements (Art. L. 323-1 and L. 323-2).
- Provide identification methods, electronic signatures and security and payment services that are perceivable, operable, understandable and robust, and make sure the information is understandable and does not exceed level B2 (advanced) of the Common European Framework of Reference for Languages (Arrêté of , Art. 9, 4°).
- Meet the same obligations as other service providers on information about the service, corrective measures and cooperation with the authorities (Code de la consommation, Art. D. 412-57).
- The requirements apply only to the extent that compliance does not require a significant change amounting to a fundamental alteration of the nature of the service and does not impose a disproportionate burden; if you receive funding from sources other than your own resources to improve the accessibility of a service, you cannot rely on the disproportionate burden for it (Code de la consommation, Art. L. 412-13, II).
- Context: the accessibility requirements for services and all the obligations tied to them do not apply to an enterprise that employs fewer than ten persons and whose annual turnover or balance sheet total does not exceed EUR 2 million (Code de la consommation, Art. L. 412-13, I).
- Context: contracts concluded before may run unmodified until they end and at the latest until ; you may keep using until products you lawfully used before to provide similar services; self-service terminals lawfully used before may stay in use for similar services until the end of their economically useful life, up to fifteen years from entry into service (Loi n° 2023-171, Art. 16, VIII, B to D).
Code de la consommation, accessibility requirements for services: duties of service providers (transposition of Directive (EU) 2019/882)since 12 lines
Code de la consommation, art. L. 412-13, D. 412-50, D. 412-57 à D. 412-61 et R. 451-4; arrêté du 9 octobre 2023, chapitres III à V · Read the law's page
- If you provide to consumers after electronic communications services (other than machine-to-machine transmission), services giving access to audiovisual media services, the listed elements of air, rail, bus and coach, metro, tram, trolleybus and inland waterway passenger transport services (websites, mobile services and apps, e-tickets and ticketing services, travel information, and interactive self-service terminals in the Union), consumer banking contracts and services, or e-commerce services, design and provide them to meet the accessibility requirements of chapters III and V of the Arrêté of (Code de la consommation, Art. L. 412-13, I and D. 412-50, I and D. 412-57, 1°).
- Make your websites, including related online applications, and your mobile device services, including mobile applications, accessible in a consistent and appropriate way by making them perceivable, operable, understandable and robust (Arrêté of , Art. 8, 3°).
- Provide information on how the service works and on how it relates to any products used, with its accessibility features and its interoperability with assistive devices, through more than one sensory channel, in an understandable way and in text formats that allow other formats (Arrêté, Art. 8, 2°).
- Make your support services (help desks, call centres, technical support, relay and training services) give information on the accessibility of the service and its compatibility with assistive technologies through accessible modes of communication (Arrêté, Art. 8, 4°).
- For electronic communications services, including emergency communications, offer real-time text in addition to voice, total conversation where video is offered, synchronised voice and text emergency communications passed to the most appropriate emergency call-reception centre, and support for communication adapted to aphasia under the reference framework adopted by joint order (Arrêté, Art. 9, 1°).
- For services giving access to audiovisual media services, provide perceivable, operable, understandable and robust electronic programme guides and information on the availability of accessibility features, and make sure that subtitles for deaf and hard-of-hearing people, audio description, spoken subtitles and sign language interpretation are fully transmitted, in appropriate quality, synchronised with sound and video, and adjustable by the user (Arrêté, Art. 9, 2°).
- For passenger transport services, provide information on the accessibility of vehicles, surrounding infrastructure and the built environment and on assistance for persons with disabilities, and information on smart ticketing systems and real-time travel information (Arrêté, Art. 9, 3°).
- For e-commerce services, provide the accessibility information on the products and services offered when the responsible operator supplies it, and make identification, security and payment functions provided as part of a service, and identification methods, electronic signatures and payment services, perceivable, operable, understandable and robust (Arrêté, Art. 9, 5°).
- Set out the information assessing how the service meets the accessibility requirements in your general terms and conditions or an equivalent document, describing the service in accessible formats and explaining how the requirements are met, make it available to the public in written and oral form including in an accessible way, and keep it as long as the service is available (Code de la consommation, Art. D. 412-57, 2°, and the annex to Art. D. 412-57).
- Put procedures in place so that the provision of services stays compliant, taking account of any change in the service, in the requirements or in the harmonised standards or technical specifications against which conformity is declared (Art. D. 412-57, 3°).
- If a service is non-compliant, take the corrective measures needed and inform the market surveillance authorities of the Member States where you provide it, with details of the non-conformity and of any measure taken; on their reasoned request, supply all the information needed to show conformity and cooperate (Art. D. 412-57, 4° and 5°).
- If you rely on the disproportionate-burden defence, assess it on the criteria of the annex to Article D. 412-60, keep the results for five years from the last time the service was provided, give the authorities a copy on request, renew the assessment for each category or type of service when the service is altered, when the inspecting agents ask and at least every five years, and inform the market surveillance authorities of the Member State where the service is provided (Art. D. 412-60, I, III and IV).
- The requirements apply only to the extent that compliance does not require a significant change amounting to a fundamental alteration of the nature of the service and does not impose a disproportionate burden; if you receive funding from sources other than your own resources to improve the accessibility of a service, you cannot rely on the disproportionate burden for it (Art. L. 412-13, II).
- Context: the accessibility requirements for services and all the obligations tied to them do not apply to an enterprise that employs fewer than ten persons and whose annual turnover or balance sheet total does not exceed EUR 2 million (Art. L. 412-13, I).
- Context: the section does not apply to pre-recorded time-based media and office file formats published before , online maps whose essential information is provided in an accessible digital form, third-party content you neither fund, develop nor control, or website and mobile application content that is an archive, which only holds content not updated or edited after (Art. D. 412-50, III).
- Context: services that conform to the accessible-information requirements of the EU passenger rights regulations are deemed to meet the accessibility requirements, and services that conform to harmonised standards or technical specifications are presumed to meet the requirements those cover (Art. D. 412-58 and D. 412-59).
- Context: contracts concluded before may run unmodified until they end and at the latest until ; you may keep using until products you lawfully used before to provide similar services; self-service terminals lawfully used before may stay in use for similar services until the end of their economically useful life, up to fifteen years from entry into service, and their renewal must secure a balanced territorial distribution (Loi n° 2023-171, Art. 16, VIII, B to D).