HungaryAct C of 2003 on Electronic Communications, section 129(1a)(a), accessible-format pre-contract information on request for end-users with disabilities
2003. évi C. törvény (Eht.) 129. § (1a) bekezdés a) pont
In force since .
An accessibility requirements rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- If you provide a publicly available electronic communications service, make the prior information available to the subscriber free of charge before the subscription contract is concluded, on a durable medium or, where that is not possible, as an easily downloadable document, and on request in an accessible format for people with disabilities (Act C of 2003, s. 129(1a)(a); Directive (EU) 2018/1972, Art. 102(1)).
- For a business subscriber that is an end-user micro-enterprise, small enterprise or public-benefit organisation, depart from section 129(1a) to (1c) only if the subscriber has expressly consented at the latest when the contract is concluded, and for any other business subscriber you may depart from them unilaterally, but if you apply section 129(1a) you must also apply sections 127(1a), 129(1b) and 129(1c) (NMHH Decree 22/2020, s. 4(1) and (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 this law does
Section 129(1a)(a) of the Eht. requires a provider of a publicly available electronic communications service to make the prior information available to the subscriber free of charge before the subscription contract is concluded, and on request in an accessible format for people with disabilities.
Section 129(1a)(b) of the Eht. requires the provider to make the summary of the subscription contract available as well, in a concise and easily readable form, following the document template that the President's decree sets. Section 129(1a) of the Eht. was inserted by section 64 of Act LXXXV of 2020. Act LXXXV of 2020 serves compliance with Directive (EU) 2018/1972. Sections 1 to 85 of Act LXXXV of 2020 apply from .
Article 102(1) of the Directive requires the contract information to be provided, upon request, in an accessible format for end-users with disabilities. Section 4(1) of NMHH Decree 22/2020 lets a provider depart from section 129(1a) to (1c) of the Eht. for a business subscriber that is an end-user micro-enterprise, small enterprise or public-benefit organisation, if that subscriber has expressly consented at the latest when the contract is concluded.
Section 4(3) of NMHH Decree 22/2020 lets a provider depart unilaterally from those provisions for any other business subscriber, but a provider that applies section 129(1a) of the Eht. must then also apply sections 127(1a), 129(1b) and 129(1c). 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 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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