SpainLey 11/2023, Title I, accessibility requirements for products and services, including e-commerce, banking, social networks and passenger transport websites and apps
Ley 11/2023 de 8 de mayo, de trasposición de Directivas de la Unión Europea en materia de accesibilidad de determinados productos y servicios, título I (arts. 1 a 31)
In force since .
An accessibility requirements rule binding private bodies.
As of .
What it requires
- If you place a product listed in Article 2(1) on the market, make it meet the universal accessibility requirements of Sections I and II of Annex I, or Section I only for a self-service terminal (Ley 11/2023, Arts. 2(1) and 3(1)).
- If you provide a service listed in Article 2(2) to consumers, make it meet the universal accessibility requirements of Sections III and IV of Annex I, or Section IV only for an urban, suburban or regional transport service (Arts. 2(2) and 3(1)); the listed services include e-commerce services, consumer banking services, e-books and their dedicated software, electronic communications services, social networks, and the websites and mobile applications of electricity, water and gas supply and of travel agencies and tour operators.
- If you provide a service, design and provide it in conformity with the accessibility requirements of Title I (Art. 13(1)).
- Include in your general conditions, or an equivalent document, the information that evaluates how the service meets the accessibility requirements of Article 3 (Art. 13(2)).
- The service requirements and any obligation relating to compliance with them do not apply to a microenterprise that provides services (Art. 3(3)).
- A breach is punished under the infringement and sanction regime of the relevant sectoral legislation and, where that is silent, under Title III of Royal Legislative Decree 1/2013 (Art. 30(1)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
The supervisory authorities that each autonomous community and the cities of Ceuta and Melilla determine within their competences (Ley 11/2023, Art. 27(3))
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- an economic operator that places on the market a product listed in Article 2(1) of Title I
- a service provider that provides a service listed in Article 2(2) of Title I to consumers and is not a microenterprise
What this law does
Article 3(1) requires the products and services within Title I to meet the universal accessibility requirements of Annex I, without prejudice to Article 16. Products must meet Sections I and II of Annex I, and self-service terminals need meet Section I only. Services must meet Sections III and IV of Annex I, and urban, suburban and regional transport services need meet Section IV only.
Article 2(1) applies Title I to consumer general-purpose computer equipment with its operating systems, payment terminals, cash machines, ticket machines and check-in machines, among other products. Article 2(2) applies it to services provided to consumers, among them electronic communications services and services that give access to audiovisual media services. It also covers consumer banking services, e-books and their dedicated software, and e-commerce services.
The list of services also includes the websites and mobile applications of electricity, water and gas supply and of travel agencies and tour operators, and social networks.
Article 13(1) requires service providers to guarantee that they design and provide services in conformity with the accessibility requirements of Title I. Article 13(2) requires them to include in their general conditions, or an equivalent document, the information that evaluates how the service meets the requirements of Article 3. 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. Article 30(1) punishes breaches under the infringement and sanction regime of the relevant sectoral legislation and, where that legislation is silent, under Title III of the consolidated General Law on the rights of persons with disabilities (Royal Legislative Decree 1/2013).
When LexLint raises it
When your app profile says your app ships a consumer interface, ships a mobile app, distributes a software product, provides telecom services, provides financial services, operates a social platform or runs an essential service.