SpainReal Decreto Legislativo 1/2013, Title III, infringements and sanctions for breaches of the equality, non-discrimination and universal accessibility rules (Articles 78 to 85, 89, 92 and 94 to 102)
In force since .
A disability discrimination rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- Comply with the accessibility requirements that apply to your goods, services, products and technologies, and adopt the reasonable adjustments a person with a disability needs (Real Decreto Legislativo 1/2013, Arts. 80 and 81(3)(b); Art. 95(3)(e) and (f)).
- Do not treat a person with a disability less favorably than another person in a comparable situation (Art. 81(3)(a)).
- Comply with a specific administrative requirement that the competent bodies make to apply the Act, and do not obstruct their inspection services or refuse information they lawfully request (Arts. 81(3)(c) and 95(2)(c) and (3)(d)).
- Do not pressure a person with a disability, or anyone else, who has brought or intends to bring a legal action, complaint or report (Art. 81(3)(d) and (h)); do not expose a person publicly on account of disability, including in digital environments, to provoke mockery (Art. 81(3)(e)).
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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 78 makes the infringement and sanction regime of Title III of Real Decreto Legislativo 1/2013 basic, leaves the autonomous communities to define infringements and sanctions in their own competence, and applies the State regime where a community has none. Article 79 applies the regime to the natural or legal persons responsible for the infringement.
Article 81(3)(b) classes as a serious infringement a failure to meet accessibility requirements and a refusal to adopt reasonable adjustments. Article 81(3)(a) classes as serious discriminatory acts or omissions that treat a person with a disability less favorably than another person in a comparable situation. Article 81(3)(c) classes as serious the failure to comply with a specific administrative requirement from the competent bodies.
Article 81(3)(e) classes as serious the public exposure of a person on account of disability, including in digital environments, to provoke mockery, when it is not a criminal offence. Article 81(4) classes disability-related harassment as very serious, as well as repeated failure to meet specific administrative requirements and any pressure on the authorities.
Article 83 sets fines from a minimum of EUR 301 to a maximum of EUR 1,000,000, with minor infringements not exceeding EUR 30,000 and serious infringements not exceeding EUR 90,000. Article 84 grades sanctions by criteria including intent, negligence, turnover or income, the number of persons affected, recidivism and the economic benefit obtained.
Article 85(1) requires the competent bodies to propose, beside the sanction, a ban on applying for official aid in the sector, for a period of one year at most for a serious infringement and two years at most for a very serious one. Article 94 gives the central State administration the power to sanction where the conduct extends beyond the territory of one autonomous community.
Article 96 sets the fine bands for conduct within the central State administration's competence at three degrees for each class of infringement. Article 95(3)(e) classes as serious, in the State's competence, the failure to comply with the accessibility rules for technologies, communication media and products and services available to the public that obstructs or limits their regular use by persons with disabilities.
Article 95(4)(f) classes as very serious, in the State's competence, a failure to comply with the legal accessibility rules in the planning and design of products and services available to the public that prevents their free and regular use by persons with disabilities. Article 82 sets the limitation periods for infringements at one year for minor, three years for serious and four years for very serious ones.
Article 85(2) adds for a very serious infringement the proposed withdrawal, cancellation or suspension of official aid already granted in the sector. Article 92 lets the authority publish a final sanction for a serious or very serious infringement, with the name of the infringer. Article 95(3)(i) makes three identical minor infringements within three months a serious one, and Article 95(4)(h) makes three serious infringements within a year a very serious one.
Article 95(4)(g) classes as very serious, in the State's competence, a failure to comply with the legal accessibility rules that prevents or seriously hinders the exercise of fundamental rights by persons with disabilities. Article 102 lets the competent body, for a very serious infringement that gravely endangers the health or liberty of persons with disabilities, order the temporary closure of the establishment or the suspension of the service as a precautionary measure.
The procedure starts ex officio, including on a complaint (Article 101(1)), and persons with disabilities, their families and their representative organizations are interested parties in it (Article 89(1)).
Article 71(1)(b) of Ley 9/2017 bars from contracting with public sector entities a person finally sanctioned for a serious infringement in equal opportunities and non-discrimination of persons with disabilities, and Article 72(2) has the scope and duration of the bar set by the sanctioning resolution or, where it is silent, by a procedure held for the purpose.
When LexLint raises it
When your app profile says your app ships a consumer interface or ships a mobile app.
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