BelgiumDecree of the German-speaking Community on media services and cinema screenings, Article 100 and Annexes 1 and 2, accessibility of terminal equipment, access services and e-books
Dekret vom 1. März 2021 über die Mediendienste und die Kinovorstellungen Artikel 100, 139 §1 und Anhänge 1 und 2 (Deutschsprachige Gemeinschaft)
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you place on the market after consumer terminal equipment with interactive computing capability used to access audiovisual media services, or e-readers, it must meet Sections I and IV of Annex 1 to the Decree of the German-speaking Community on media services (Article 100(1)).
- If you provide to consumers after services that give access to audiovisual media services, or e-books, they must meet Sections II and III, or Section IV, of Annex 1 (Article 100(2)).
- Microenterprises that offer services are exempt from the requirements for services and from all obligations relating to compliance with them (Article 100(2)).
- The requirements apply only to the extent that compliance does not require a significant change resulting in a fundamental alteration of the product or service and does not impose a disproportionate burden; assess this on the Annex 2 criteria, document the assessment, keep the results for five years after the product was last made available or the service last provided, and give the Media Council or the competent authority a copy on request (Article 100(3)).
- You cannot rely on the disproportionate burden exception if you receive public or private funding, other than your own resources, to improve accessibility (Article 100(4)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 139(1) lets the Media Council impose on providers of consumer terminal equipment, e-readers, access services and e-books, for a breach of Article 100, an administrative fine of EUR 2,500 to EUR 25,000, beside a warning, publication of a notice in the press and seizure of the equipment.
- Rule
- Fixed only
- As of
- Minimum
- 2,500
- Currency
- EUR
- Fixed cap
- 25,000
Who enforces it
Enforcement body
The Media Council of the German-speaking Community (Medienrat der Deutschsprachigen Gemeinschaft), which Article 139(1) empowers to impose sanctions for a breach of Article 100
What it reaches
Instrument type
an act of a legislature
Applicability criteria
Article 100(2) exempts microenterprises that offer services from the accessibility requirements for services and from all obligations relating to compliance with them.
- As of
- Combinator
- All of
- Criteria
- places on the market consumer terminal equipment used to access audiovisual media services or e-readers, or provides services giving access to audiovisual media services or e-books (Article 100(1) and (2))
- for services, is not a Kleinstunternehmen (microenterprise) (Article 100(2))
What this law does
Article 1, point 5, of the Decree of the German-speaking Community states that the Decree partly transposes Directive (EU) 2019/882.
Article 4(1) of the Directive requires Member States to ensure that economic operators only place on the market products and only provide services that comply with the accessibility requirements in its Annex I. Article 100(1) requires consumer terminal equipment with interactive computing capability used to access audiovisual media services, and e-readers, placed on the market after to meet Sections I and IV of Annex 1.
Article 100(2) requires services that give access to audiovisual media services, and e-books, provided to consumers after to meet Sections II and III, or Section IV, of Annex 1. Article 100(2) exempts microenterprises that offer services from the accessibility requirements and from all obligations relating to compliance with them.
Article 100(3) applies the requirements only to the extent that compliance does not require a significant change resulting in a fundamental alteration of the product or service and does not impose a disproportionate burden on the economic operators. Article 100(3) requires economic operators to assess and document the defence on the Annex 2 criteria, keep the results for five years, and give the Media Council or the competent authority a copy on request.
Article 100(4) bars an operator that receives public or private funding for accessibility from relying on the disproportionate burden defence. Article 139(1) lets the Media Council impose on providers of consumer terminal equipment, e-readers, access services and e-books, for breach of Article 100, a warning, a press notice or an administrative fine of EUR 2,500 to EUR 25,000.
Article 139(1) also lets the Media Council impose a warning and publication of a notice in the press for a breach of Article 100. Article 139(1) also lists the seizure of the equipment among the sanctions the Media Council may impose. The consolidated text records that the e-book wording of Article 100 was added by the Decree of , in force from .
When LexLint raises it
When your app profile says your app ships a consumer interface or distributes a software product.
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