SpainLey 11/2023, Title I, national additions: utility and travel agency websites and apps, social networks, the web content criteria, the built environment and staff training
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you provide to consumers the website or a mobile application of an electricity, water or gas supply service, the website or a mobile application of a travel agency or tour operator, or a social network, meet the universal accessibility requirements of Sections III and IV of Annex I (Ley 11/2023, Arts. 2(2)(g) to (i) and 3(1)).
- Make your websites within Title I meet at least the intermediate level of the generally recognized web content accessibility criteria, taking standard UNE 139803 or its successor as the reference, without prejudice to the technical criteria of Real Decreto 1112/2018 (additional provision 3).
- Make the built environment that clients of the services use meet the accessibility requirements of Annex III, in accordance with the sectoral legislation in force (Art. 3(2)).
- Train your staff continuously on how to use accessible products and services, including supplying information, advice, advertising and attention to diversity (Art. 15).
- The service requirements and any obligation relating to compliance with them do not apply to a microenterprise, meaning an enterprise that employs fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR 2 million (Arts. 3(3); Annex VII, point 16).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Fines run from a minimum of EUR 301 to a maximum of EUR 1,000,000 (Real Decreto Legislativo 1/2013, Article 83(1)). A minor infringement is fined up to EUR 30,000 and a serious infringement up to EUR 90,000 (Article 83(2) and (3)). For conduct within the competence of the central State administration, Article 96 sets minor infringements at EUR 301 to 6,000 (minimum degree), 6,001 to 18,000 (medium) and 18,001 to 30,000 (maximum), serious infringements at EUR 30,001 to 60,000, 60,001 to 78,000 and 78,001 to 90,000, and very serious infringements at EUR 90,001 to 300,000, 300,001 to 600,000 and 600,001 to 1,000,000. Beside the fine, a serious or very serious infringement brings a proposed ban of up to one or two years on applying for official aid in the sector, and a very serious one the proposed withdrawal or suspension of aid already granted (Article 85(1) and (2)); the authority may publish a final sanction for a serious or very serious infringement with the infringer's name (Article 92); and a final sanction for a serious infringement in equal opportunities and non-discrimination of persons with disabilities bars the person from contracting with public sector entities, with the scope and duration the resolution or a separate procedure sets (Ley 9/2017, Articles 71(1)(b) and 72(2)). Article 30(1) of Ley 11/2023 applies Title III of Real Decreto Legislativo 1/2013 in what the sectoral legislation does not provide for.
- Rule
- Fixed only
- As of
- Minimum
- 301
- Currency
- EUR
- Fixed cap
- 1,000,000
Who enforces it
Enforcement body
The supervisory authorities that each autonomous community and the cities of Ceuta and Melilla designate within their competences, without prejudice to the powers of other authorities under complementary rules (Ley 11/2023, Article 27(3)); where no supervisory authority has been designated, the technical support and coordination unit, assumed by the Dirección General de Derechos de las Personas con Discapacidad, acts as one (Real Decreto 143/2026, Articles 2 and 3(h))
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- a provider of the website or mobile application of electricity, water or gas supply to consumers, or of a travel agency or tour operator, that is not a microenterprise (an enterprise employing fewer than 10 persons whose annual turnover or annual balance sheet total does not exceed EUR 2 million)
- a provider of a social network that is not a microenterprise (an enterprise employing fewer than 10 persons whose annual turnover or annual balance sheet total does not exceed EUR 2 million)
- for Articles 3(2) and 15 and the third additional provision, a provider of any service within Title I
What this law does
Article 2(2) of Directive (EU) 2019/882 lists electronic communications, audiovisual access, passenger transport, consumer banking, e-books and e-commerce services. Article 2(2)(g) to (i) of Ley 11/2023 adds the websites and mobile applications of electricity, water and gas supply to consumers, the websites and mobile applications of travel agencies and tour operators, and social networks.
Article 3(1) applies the universal accessibility requirements of Sections III and IV of Annex I to all services within Title I, and Section IV only to urban, suburban and regional transport services. The third additional provision requires the websites within Title I to meet at least the intermediate level of the generally recognized web content accessibility criteria, with standard UNE 139803 or its successor as the reference.
Article 3(2) requires the built environment used by clients of the services to meet the requirements of Annex III, in accordance with the sectoral legislation in force. Article 4(4) of the Directive lets Member States decide that the built environment used by clients of the services must meet the requirements of Annex III.
Article 15 requires providers to ensure adequate and continuing training of their staff on the use of accessible products and services, including the supply of information, advice, advertising and attention to diversity. Article 3(3) exempts microenterprises that provide services from the service requirements and from any obligation relating to compliance with them.
Article 27(3) leaves it to the autonomous communities and the cities of Ceuta and Melilla to determine their supervisory authorities within their competences. The supervisory authorities act without prejudice to the powers that other authorities hold by virtue of complementary rules on the goods and services within Title I (Article 27(3)).
Real Decreto 143/2026 gives the technical support and coordination unit to the Dirección General de Derechos de las Personas con Discapacidad, which acts as supervisory authority where none has been designated and is the point of contact for receiving complaints and claims about compliance with Title I (Articles 2, 3(g) and 3(h)). Article 3(2), Article 15 and the third additional provision reach every service within Title I, not only the services Article 2(2)(g) to (i) adds.
The eighteenth final provision brings the Law into force the day after its publication, with exceptions that do not include the third additional provision, so that provision has been in force since ; the websites it reaches are those within the scope of Title I. The single repealing provision repeals the fifth additional provision of Ley 34/2002 on information society services and electronic commerce.
When LexLint raises it
When your app profile says your app ships a consumer interface, ships a mobile app, operates a social platform or runs an essential service.
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