HungaryNMHH Decree 13/2011, section 12/A, services and installed equipment that end-users with disabilities can use, and section 16/C, contracts concluded before 28 June 2025
13/2011. (XII. 27.) NMHH rendelet, 12/A. § és 16/C. §
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you provide an electronic communications service under subscription contracts, provide only a service that meets the Accessibility Act, so that end-users with disabilities can use it as far as possible (NMHH Decree 13/2011, s. 12/A(1); Directive (EU) 2019/882, Art. 4(1) and (3), and Directive (EU) 2018/1972, Art. 111(1)).
- If you use electronic communications equipment of your own that is installed and operating at the end-user to provide a subscription service, make the equipment meet the product provisions of the Accessibility Act (s. 12/A(2)).
- In that case, when an end-user with a disability asks at a contract signing between people present, let the end-user try the equipment, in particular its compatibility with assistive technologies, and learn its assistive functions (s. 12/A(3)).
- The accessibility provisions of NMHH Decree 9/2022 need not be applied to a subscription contract concluded before until the contract expires, but at the latest until , and you must amend your contracts in force to conform to that decree by (s. 16/C(1) and (2); Directive (EU) 2019/882, Art. 32(1)).
- A micro-enterprise, an undertaking that employs fewer than 10 persons and whose annual net turnover or balance sheet total is at most the forint equivalent of EUR 2 million, is outside section 12/A(1), and for a business subscription the parties may agree to deviate from the Decree's service-quality provisions (s. 12/A(1) and s. 2(4); Accessibility Act, ss. 2 point 28 and 3(3)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Section 49(4)(a) of the Eht. caps the Authority's fine at 0.25 per cent of the infringer's turnover for a deviation, contrary to law, from what a rule on electronic communications, the provider's notification or its general terms and conditions lay down, or for failing to make a required notification; section 188, point 19, counts the Act and the legislation issued under its authorisation, the President's decrees among them, as rules on electronic communications. Point (e) sets 0.1 per cent for the breach of such a rule only in other market regulation matters that points (a) to (d) do not cover. Turnover means the turnover from electronic communications sales in the business year before the decision (section 49(11)). Where turnover data are missing the fine is at least 50,000 and at most 100,000,000 forints (point (g)). For a repeated infringement the Authority may also fine the executive officer of the infringing organisation 50,000 to 3,000,000 forints (section 49(5)). The Authority may combine these consequences and may impose the fine again for a repeated infringement (section 49(8) and (9)); for a minor first infringement it may instead find the infringement, warn and call on the infringer to stop (section 49(2)), and it applies no consequence once five years have passed since the infringement (section 49(12)).
- Rule
- Turnover pct only
- As of
- Currency
- HUF
- Turnover percentage cap
- 0.25
Who enforces it
Enforcement body
The National Media and Infocommunications Authority (NMHH), which section 53(1) of the Eht. charges with supervising compliance with the rules on electronic communications
What it reaches
Instrument type
a regulation made under an act
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- a provider of an electronic communications service under a subscription contract that is not a micro-enterprise, meaning an undertaking that employs fewer than 10 persons and whose annual net turnover or balance sheet total is at most the forint equivalent of EUR 2 million (section 12/A(1) of the Decree, with sections 2, point 28, and 3(3) of the Accessibility Act)
What this law does
Section 12/A(1) of NMHH Decree 13/2011 limits a provider, apart from a micro-enterprise under section 3(3) of the Accessibility Act, to providing only an electronic communications service that meets the Accessibility Act, so that end-users with disabilities can use the services as far as possible. Section 12/A(2) requires electronic communications equipment of the provider that is installed and operating at the end-user to meet the product provisions of the Accessibility Act.
Section 12/A(3) requires the provider, when an end-user with a disability asks at a contract signing between people present, to let that end-user try the equipment, in particular its compatibility with assistive technologies, and learn its assistive functions. Section 16/C(1) of the Decree leaves the accessibility provisions of NMHH Decree 9/2022 out of application to subscription contracts concluded before until the contracts expire, but at the latest until .
Section 16/C(2) requires the provider to amend its subscription contracts in force to conform to NMHH Decree 9/2022 by . Section 2(4) of the Decree lets the parties to a business subscription agree to deviate from its service-quality provisions. Section 17(1)(c) of the Decree serves compliance with Directive (EU) 2019/882.
Article 4(3) of Directive (EU) 2019/882 requires all services to comply with the accessibility requirements of Section IV of its Annex I. Article 4(5) of that Directive exempts microenterprises providing services from the accessibility requirements of its Article 4(3), which refers to Sections III and IV of Annex I, and from the obligations relating to compliance with them.
Article 111(1) of Directive (EU) 2018/1972 requires the competent authorities to specify requirements for providers so that end-users with disabilities have equivalent access to electronic communications services and the choice of undertakings and services available to the majority of end-users. Article 32(1) of Directive (EU) 2019/882 lets service contracts agreed before continue without alteration until they expire, but no longer than five years from that date.
NMHH Decree 9/2022 applies from . Section 53(1) of the Eht. lets the National Media and Infocommunications Authority supervise, on request or of its own motion, compliance with the rules on electronic communications. Section 1(1)(d) of Government Decree 605/2022 designates the NMHH as supervising authority under the Accessibility Act for the services in section 1(2)(a) and (b) of that Act.
Section 2(3) of Government Decree 605/2022 has the NMHH act under the Accessibility Act and that Decree in matters the Eht. does not regulate. Section 188, point 19, of the Eht. makes the Act and the legislation issued under its authorisation on its implementation rules on electronic communications.
Section 49(4)(a) of the Eht. caps the fine at 0.25 per cent of the infringer's turnover for a deviation, contrary to law, from what a rule on electronic communications, the provider's notification or its general terms and conditions lay down, or for failing to make a required notification. Section 49(4)(g) of the Eht. sets the fine at 50,000 to 100,000,000 forints where turnover data are missing.
Section 49(5) of the Eht. lets the Authority fine the executive officer of the infringing organisation 50,000 to 3,000,000 forints for a repeated infringement. Section 49(7)(c) of the Eht. lets the Authority suspend the right to provide the electronic communications service for 10 to 90 days in the case of a serious and repeated breach of obligations.
Section 49(7)(d) of the Eht. lets the Authority prohibit the electronic communications activity in the case of a particularly serious and repeated infringement. Section 49(2) of the Eht. lets the Authority, for a minor infringement where no repetition can be established, find the infringement, give a warning and call on the infringer to end the conduct. Section 49(12) of the Eht. bars the Authority from applying a legal consequence once five years have passed since the infringement.
When LexLint raises it
When your app profile says your app ships a consumer interface or provides telecom services.
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