EstoniaSocial Affairs Minister Regulation No. 46, criteria for assessing a disproportionate burden and procedure for notifying that accessibility requirements are not applied
Sotsiaalkaitseministri määrus nr 46 „Ettevõtja ebaproportsionaalse koormuse hindamise kriteeriumid ja ligipääsetavusnõuete kohaldamata… jätmisest teavitamise kord” (RT I, 15.06.2022, 6)
In force since .
An accessibility requirements rule binding public and private bodies.
- Instrument type
- a regulation made under an act
What it requires
- If you assess whether complying would impose a disproportionate burden on you, assess the ratio of the net cost of complying with the applicable accessibility requirements to your total cost of producing, distributing or importing the product or providing the service, the ratio of your estimated costs and revenues to the expected benefit for people with disabilities, and the ratio of the net cost of complying to your net turnover (ss. 3 and 6).
- Count the one-off organizational costs (staff with accessibility expertise, training, developing a new process, guidance material and understanding the legal acts) and the current production and development costs (developing the accessibility elements, production, testing and documentation) in the net cost of complying (s. 4).
- Compare your estimated cost and revenue, including on production processes and investments, with the expected benefit for people with disabilities, taking account of how many times and how often the product or service is used (s. 5).
- When you notify TTJA that requirements are not applied, give your name and e-mail address and, if you deal with products, your role; the name of the product or service, its classification under section 2(1) and (3) of the LPS and its target group; the requirements not applied and the reason; and a confirmation that you have not been funded for improving accessibility from resources other than your own (s. 7).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
A precept of TTJA on this duty can be backed by a penalty payment (sunniraha), and section 19 of the LPS sets its ceiling at EUR 10,000.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 10,000
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
Regulation No. 46 of the Social Affairs Minister is made under section 5(6) of the LPS. Section 2 defines total cost as the sum of the business's operating and capital costs of producing, distributing or importing the product or providing the service.
Section 3 requires a business assessing a disproportionate burden to assess the ratio of the net cost of complying to its total cost of producing, distributing or importing the product or providing the service, the ratio of its estimated costs and revenues to the expected benefit for people with disabilities, and the ratio of the net cost of complying to its net turnover.
Section 4 sets out the one-off organizational costs and the current production and development costs that make up the net cost of complying. Section 5 requires the business to compare its estimated cost and revenue, including on production processes and investments, with the expected benefit for people with disabilities, taking account of how many times and how often the product or service is used.
Section 6 requires the business to assess the ratio of the net cost of complying with the accessibility requirements that apply to the specific product or service to the net turnover of the product or service it offers.
Section 7 sets out the data that a business gives TTJA when it notifies that requirements are not applied: its name and e-mail address and, for a product business, its role; the name, classification and target group of the product or service; the requirements that are not applied and the reason; and a confirmation that it has not been funded for improving accessibility from resources other than its own.
Section 8 applies the Regulation to products placed on the market and services provided from . Section 19 of the LPS sets the ceiling of the penalty payment for a precept that is not complied with at EUR 10,000.
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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