NMHH Decree 22/2020, information on products and services for end-users with disabilities in the prior information, the contract summary and the general terms and conditions

Section 5(4)(l) of NMHH Decree 22/2020 requires the prior information on an internet access service or a publicly available interpersonal communications service to contain the details of the products offered and the electronic communications services provided to end-users with disabilities, and information on where current information on them is available.

Section 5(4) of the Decree applies that requirement to an internet access service and to a publicly available interpersonal communications service. Section 5(6a) of the Decree requires the provider that uses communications equipment in providing the service to meet point 3.2 of Annex 1 to the Accessibility Act also for the connection between the equipment installed at the end-user and the service.

Section 10(6)(i) of the Decree requires the general terms and conditions to contain the details of the products and services offered to end-users with disabilities with regard to Annex 1 to the Accessibility Act, and information on where current information on them is available. Section 10(6)(j) of the Decree requires the general terms and conditions to describe compliance with the accessibility requirements on the basis of Annex 3 to the Accessibility Act.

Section 5(7) of the Decree requires the summary of the subscription contract under section 129(1a)(b) of the Eht. to be provided on the document template of Commission Implementing Regulation (EU) 2019/2243. Part B of the Annex to Implementing Regulation (EU) 2019/2243 requires the contract summary's section "Features for end-users with disabilities" to include information on the main products and services for end-users with disabilities.

Article 102(3) of Directive (EU) 2018/1972 requires the contract summary to state the extent to which the products and services are designed for end-users with disabilities. Section 11 of NMHH Decree 9/2022 replaces section 37 of the Decree with a rule that leaves the accessibility provisions of NMHH Decree 9/2022 out of application to subscription contracts concluded before 28 June 2025 until the contracts expire, but at the latest until 28 June 2030.

The Nemzeti Jogszabálytár records that section 37 had lost force under section 12(2) of Act CXXX of 2010 and that the amendment of section 37 cannot be incorporated. Section 16/C(1) of NMHH Decree 13/2011 leaves the accessibility provisions of NMHH Decree 9/2022 out of application to subscription contracts concluded before 28 June 2025 until the contracts expire, but at the latest until 28 June 2030.

Section 16/C(2) of NMHH Decree 13/2011 requires the provider to amend its subscription contracts in force to conform to NMHH Decree 9/2022 by 28 June 2030. Section 38(1) of the Decree serves compliance with Articles 98 to 105, 107, 108, 111, 113 and 115 of Directive (EU) 2018/1972.

Section 4(1) of the Decree lets a provider depart from section 5(1) to (7) 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 the Decree lets a provider depart unilaterally from those provisions for any other business subscriber.

Section 4(4) of the Decree lets the parties to a business subscription agree, beyond those deviations, to depart from the provisions of the Eht. and of the Decree on the subscription contract, except the provisions it lists. Section 2(1)(aa) of the Decree defines an end-user with a disability as an end-user who is a person with a disability under section 4(a) of Act XXVI of 1998. Section 36(1) of the Decree applies it from 30 June 2021.

Article 102(1) of Directive (EU) 2018/1972 requires contract information to be provided, upon request, in an accessible format for end-users with disabilities. Annex 3 to the Accessibility Act requires a service provider to set out in its general terms and conditions or an equivalent document how its service meets the accessibility requirements. NMHH Decree 9/2022 applies from 28 June 2025.

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 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.