HungaryAct C of 2003 on Electronic Communications, sections 139 and 144(8), service-quality and service-characteristics information published so that end-users with disabilities can use it
2003. évi C. törvény (Eht.) 139. § és 144. § (8) bekezdés
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 internet access services or publicly available interpersonal communications services, regularly publish the information on the quality of your service in the cases, content, form and manner the President of the Authority sets by decree, so that subscribers, people with disabilities among them, get comprehensive, comparable, reliable, user-friendly and up-to-date information (Act C of 2003, s. 139; Directive (EU) 2018/1972, Art. 104(1)).
- If you provide internet access services or publicly available interpersonal communications services, publish the information on the characteristics of your services that the President of the Authority sets by decree, in the cases and at the frequency the decree sets, in a clear, machine-readable and comparable way, and in an accessible format for end-users with disabilities as well (s. 144(8); Directive (EU) 2018/1972, Art. 103(1)).
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 139 of the Eht. requires a provider of internet access services or publicly available interpersonal communications services to publish information on the quality of its service so that subscribers, people with disabilities among them, get comprehensive, comparable, reliable, user-friendly and up-to-date information.
Section 144(8) of the Eht. requires such a provider to publish the information on the characteristics of its services that the President of the Authority sets by decree in a clear, machine-readable and comparable way, and in an accessible format for end-users with disabilities as well. Section 139 of the Eht. was laid down by section 68 of Act LXXXV of 2020. Section 144 of the Eht. was laid down by section 70 of Act LXXXV of 2020.
Article 103(1) of the Directive requires the information in Annex IX to be published in an accessible format for end-users with disabilities. Article 104(1) of the Directive lets the competent authorities require providers to publish information on the quality of their services and on measures taken to ensure equivalence in access for end-users with disabilities. Sections 1 to 85 of Act LXXXV of 2020 apply 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 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.
Back to the example · Lint your app
Page updated .