BrazilDecree No. 9,405 of 2018, Accessibility of the Websites of Microenterprises, Small Businesses and Individual Microentrepreneurs
Arts. 1, 7 e 8 do Decreto nº 9.405, de 11 de junho de 2018
In force since .
An accessibility requirements rule binding private bodies.
As of .
What it requires
- The Decree names no technical standard for a website: the adaptations it requires follow the technical norms provided in legislation and the norms of the Associação Brasileira de Normas Técnicas (ABNT) (Art. 1, § 3).
- If you are a microenterprise, a small business or an individual microentrepreneur, make the electronic sites you keep accessible (Art. 7); the Decree allowed twelve months from its publication on for small businesses and eighteen months for microenterprises and individual microentrepreneurs, and both periods have run.
- Inspection of compliance is advisory, and an infringement notice requires a double advisory visit first (Art. 8).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Settledness
- As of
- Open questions
- Does Article 7, which speaks of electronic sites (sítios eletrônicos), reach a mobile application?
- Does the revenue ceiling for reasonable adaptations in Article 1, paragraph 2, limit what Article 7 requires of a website?
What it reaches
Instrument type
a regulation made under an act
Applicability criteria
A company of any size with its headquarters or a commercial representation in Brazil is bound by Article 63 of the Brazilian Inclusion Law; the Decree sets the treatment of microenterprises and small businesses that Article 122 of that Law calls for.
- As of
- Combinator
- Any of
- Criteria
- a microenterprise or small business that meets the requirements of Article 3 of Lei Complementar nº 123 de 2006, including the individual microentrepreneur ("a sociedade empresária, a sociedade simples, a empresa individual de responsabilidade limitada e o empresário que cumprirem os requisitos estabelecidos no art. 3º da Lei Complementar nº 123, de 14 de dezembro de 2006, inclusive o microempreendedor individual", Article 1, § 1, I)
What this law does
Article 7 makes accessibility mandatory on the electronic sites kept by a microenterprise, a small business or an individual microentrepreneur. It allows the accessibility to be achieved gradually, within twelve months of the Decree's publication for small businesses and eighteen months for microenterprises and individual microentrepreneurs.
Article 1 treats as microenterprises and small businesses those that meet the requirements of Article 3 of Lei Complementar nº 123 de 2006, including the individual microentrepreneur. For the reasonable adaptations the Decree provides for, Article 1, paragraph 2, treats as not imposing a disproportionate burden those whose cost is capped at 2.5% of the previous financial year's gross revenue for an individual microentrepreneur, 3.5% for a microenterprise and 4.5% for a small business.
Article 1, paragraph 3, requires the adaptations needed to comply with the Decree to follow the technical norms provided in legislation and the norms of the Associação Brasileira de Normas Técnicas (ABNT). Article 8 makes inspection of compliance with the Decree advisory in nature, and requires a double advisory visit before an infringement notice is issued. The Decree regulates Article 122 of the Brazilian Inclusion Law and enters into force on the date of its publication.
When LexLint raises it
When your app profile says your app ships a consumer interface.