EstoniaAccessibility of Products and Services Act, supervision by TTJA, precepts, withdrawal from the market, fines and penalty payments
In force since .
An accessibility requirements rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- 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).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Section 20 of the LPS sets the fine for providing a service that does not meet the accessibility requirements at up to 100 fine units (up to EUR 800) for a natural person and up to EUR 20,000 for a legal person. For products, section 2(13) of the LPS applies the Product Conformity Act, whose section 59 sets up to 300 fine units (up to EUR 2,400) for a natural person and up to EUR 32,000 for a legal person for infringing the conditions for placing a product on the market and making it available, and whose section 61 sets up to 200 fine units (up to EUR 1,600) and up to EUR 32,000 for misuse of the conformity marking. The fine unit is EUR 8 from (Penal Code section 47(1)). Section 19 of the LPS sets the ceiling of the penalty payment (sunniraha) for a precept not complied with at EUR 10,000.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 32,000
Who enforces it
Enforcement body
the Consumer Protection and Technical Regulatory Authority (Tarbijakaitse ja Tehnilise Järelevalve Amet, TTJA), the supervisory authority under section 16 of the LPS
What this law does
Section 16 makes TTJA the authority that supervises compliance with the requirements of the Act and of the legal acts made under it. Section 17 lets TTJA apply the special supervision measures of sections 30, 31, 32 and 49 to 52 of the Law Enforcement Act. Section 18(1) gives TTJA the right to require a business to apply without delay the measures needed to bring a product or service into line with all applicable requirements.
Section 18(1) also gives TTJA the right, where the business has not applied those measures, to prohibit or restrict making the product or service available on the domestic market and to require its immediate removal from the market. Section 19 sets the ceiling of the penalty payment for a precept that is not complied with at EUR 10,000.
Section 20 sets the fine for providing a service that does not meet the accessibility requirements at 100 fine units at most for a natural person and EUR 20,000 at most for a legal person. Section 21 makes TTJA the extra-judicial proceeding authority for the offences in the chapter on liability. Section 47(1) of the Penal Code sets the fine unit at EUR 8.
Section 50(5) of the Product Conformity Act makes TTJA the authority that supervises compliance with the requirements set for the products it lists. Section 50(5) point 12^3 of the Product Conformity Act lists among the products whose compliance TTJA supervises those for which supervision of compliance with accessibility requirements is placed within its competence by an Act or a legal act made under it.
Section 59 of the Product Conformity Act sets the fine for infringing the conditions for placing a product on the market and making it available at up to 300 fine units for a natural person and up to EUR 32,000 for a legal person. Section 61 of the Product Conformity Act sets the fine for misuse of the conformity marking at up to 200 fine units for a natural person and up to EUR 32,000 for a legal person.
Section 58(5) of the Product Conformity Act sets the ceiling of the penalty payment for a precept that is not complied with at EUR 10,000. Section 2(13) of the LPS applies the Product Conformity Act to the obligations of the manufacturer, authorized representative, importer and distributor of a product within the Act, to the conformity assessment of the product, to market surveillance and to liability, with the exceptions that follow from the LPS.
Section 5(2) of the Product Conformity Act bars placing on the market or putting into service a product that does not meet a requirement a legal act sets for it. Section 62 of the Product Conformity Act names TTJA, within its competence, among the extra-judicial proceeding authorities for the misdemeanors in that Act.
When LexLint raises it
When your app profile says your app ships a consumer interface, ships a mobile app, provides telecom services, provides financial services or distributes a software product.
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