SpainReal Decreto 1494/2007, Article 9, accessibility of trust services and of the end-user products used to provide them
Real Decreto 1494/2007, de 12 de noviembre, servicios de confianza: art. 9
In force since .
An accessibility requirements rule binding public and private bodies.
- Instrument type
- a regulation made under an act
What it requires
- Make the trust services you provide, and the products for end users that you use to provide them, accessible to elderly persons and persons with disabilities, unless no technological solution allows it (Art. 9).
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 84(1) grades the sanction by criteria including the infringer's turnover or income, intent, negligence and recidivism, and for a very serious infringement that seriously endangers the health or liberty of persons with disabilities the competent body may order, as a precautionary measure, the temporary closure of the establishment or the suspension of the service (Article 102).
- Rule
- Fixed only
- As of
- Minimum
- 301
- Currency
- EUR
- Fixed cap
- 1,000,000
Who enforces it
Enforcement body
The autonomous community authorities under their own infringement regimes, and the central State administration where the conduct extends beyond one autonomous community (Real Decreto Legislativo 1/2013, Articles 78 and 94)
What this law does
Article 9 of the regulation approved by Real Decreto 1494/2007 requires the trust services provided, and the products for end users used to provide them, to be accessible to elderly persons and persons with disabilities. Exceptionally, the duty does not apply where the trust product or service has no technological solution that allows its accessibility.
The first final provision of Real Decreto 1112/2018 gave Article 9 its current wording, and that decree entered into force the day after its publication, with exceptions that reach only websites and mobile applications. The article names no technical standard.
Article 95(3)(e) of Real Decreto Legislativo 1/2013 classes as serious, in the State's competence, a failure to comply with the accessibility rules for technologies and for products and services available to the public that obstructs or limits their regular use by persons with disabilities.
When LexLint raises it
When your app profile says your app ships a consumer interface or distributes a software product.
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