SpainLey 15/2022, comprehensive equal treatment and non-discrimination law: ban on disability discrimination in goods and services offered to the public, the internet, social networks and mobile applications, reasonable adjustments, reparation and burden of proof (Articles 2, 3, 4, 6, 17 and 25 to 30)
In force since .
A disability discrimination rule binding public and private bodies.
- Private right of action
- Yes
- Instrument type
- an act of a legislature
What it requires
- The Act names no technical accessibility standard: make your website and your application tend to meet the accessibility requirements that secure equal, non-discriminatory access for users, in particular persons with disabilities and older persons (Ley 15/2022, Art. 17(3)).
- If you offer goods or services to the public in a commercial or professional activity, do not discriminate in access to them on grounds that include disability (Arts. 17(1) and 2(1)); the Act reaches the internet, social networks and mobile applications (Art. 3(1)(n)).
- Treat a denial of the reasonable adjustments a person with a disability needs as direct discrimination: make the necessary and suitable modifications and adaptations that a particular case requires, unless they impose a disproportionate or undue burden (Art. 6(1)(a)).
- Apply methods sufficient to detect discrimination, adopt preventive measures and put an end to discriminatory situations (Art. 25(1)); a provider that has not met these obligations also answers for the damage discrimination causes within its organization (Art. 27(2)).
- Repair the damage you cause by discrimination with compensation and, where possible, by restoring the victim to the situation before the incident; moral damage is presumed once discrimination is established (Art. 27(1)).
- Where a claimant shows well-founded indications of discrimination, be ready to supply an objective and reasonable justification, sufficiently proved, of your measures and their proportionality (Art. 30(1)).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
The Autoridad Independiente para la Igualdad de Trato y la No Discriminación, created in the State administration to protect and promote equal treatment in the public and the private sector (Ley 15/2022, Article 40)
What this law does
Article 2(4) of Ley 15/2022 applies its obligations to the public sector and to private natural and legal persons who reside, are or act in Spanish territory. Article 2(1) lists disability among the grounds on which nobody may be discriminated against. Article 3(1)(n) applies the Act to the internet, social networks and mobile applications. Article 3(1)(k) applies the Act to the access, offer and supply of goods and services available to the public outside private and family life.
Article 17(1) bars administrations, entities, businesses and individuals that offer goods and services to the public in a commercial or professional activity from discriminating in access to them on the grounds the Act lists. Article 6(1)(a) treats a denial of reasonable adjustments for persons with disabilities as direct discrimination.
Article 17(3) provides that websites and software applications are to tend to meet the accessibility requirements that secure equality and non-discrimination in access for users, in particular persons with disabilities and older persons. Article 27(1) requires whoever causes discrimination to repair the damage by compensation and, where possible, by restoring the victim to the situation before the incident. Article 27(1) presumes moral damage once discrimination is established.
Article 27(2) makes employers and providers of goods and services liable for discrimination within their organization when they have not met the obligations of Article 25(1). Article 30(1) requires the defendant, once the claimant provides well-founded indications of discrimination, to supply an objective and reasonable justification, sufficiently proved, of its measures and their proportionality.
Article 46(2) applies to persons with disabilities, in every case, the infringement and sanction regime of Real Decreto Legislativo 1/2013. Article 40 creates the Autoridad Independiente para la Igualdad de Trato y la No Discriminación to protect and promote equal treatment in the public and the private sector. Ley 15/2022 entered into force on the day after its publication in the Boletín Oficial del Estado.
When LexLint raises it
When your app profile says your app ships a consumer interface, ships a mobile app or operates a social platform.
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