IrelandEuropean Union (Accessibility Requirements of Products and Services) Regulations 2023, S.I. No. 636 of 2023, accessibility requirements for products, e-commerce, banking and passenger transport services
In force since .
An accessibility requirements rule binding private bodies.
As of .
What it requires
- If you place a product listed in Regulation 3(1) on the market, make it comply with the accessibility requirements of Part 1 of Schedule 1 and, unless it is a self-service terminal, Part 2 of Schedule 1 (S.I. 636/2023, Regs. 3(1) and 5(1) and (2)).
- If you provide a service listed in Regulation 3(2) to consumers, make it comply with the accessibility requirements of Parts 3 and 4 of Schedule 1, or Part 4 only for an urban, suburban or regional transport service (Regs. 3(2), 5(1) and (3)); the listed services include e-commerce services, consumer banking services and e-books and dedicated software.
- If you provide a service, design and provide it in accordance with the applicable accessibility requirements (Reg. 14(1)).
- Before providing a service, prepare the information Schedule 3 requires, explaining how the service meets the applicable accessibility requirements, and make it available to the public in writing and in oral format, including in a manner accessible to persons with disabilities (Reg. 14(2)(a) and (b)).
- Regulation 14 and the service requirements of Regulation 5(3) do not apply to a service provided by a microenterprise, an enterprise that employs fewer than 10 persons and has an annual turnover or balance sheet total not exceeding EUR 2 million (Regs. 2(1) and 5(4)).
- A person who fails to comply with Regulation 5(1) commits an offence, punishable on summary conviction by a class A fine or imprisonment for up to 6 months or both, and on conviction on indictment by a fine of up to EUR 60,000 or imprisonment for up to 18 months or both (Reg. 32(1) and (6)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
Failing to comply with Regulation 5(1) is an offence; on conviction on indictment the penalty is a fine of up to EUR 60,000 or imprisonment for up to 18 months or both (Regs. 32(1) and (6)).
Penalty structure
Regulation 32(6) sets, for an offence under the Regulations, a class A fine or imprisonment for up to 6 months or both on summary conviction, and a fine of up to EUR 60,000 or imprisonment for up to 18 months or both on conviction on indictment. The EUR 60,000 figure is the indictment ceiling. Regulation 32(7) tells the court to have regard to the seriousness of the failure, the number of units of products or services affected and the number of persons affected.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 60,000
Who enforces it
Enforcement body
The Competition and Consumer Protection Commission is the market surveillance authority for products; the compliance authorities for services are the Commission for Communications Regulation, Coimisiún na Meán, the Irish Aviation Authority, the National Transport Authority, the Central Bank of Ireland and the Competition and Consumer Protection Commission, each for the services Regulation 4(2) assigns to it
What it reaches
Instrument type
a regulation made under an act
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- an economic operator that places on the market a product listed in Regulation 3(1) on or after
- a service provider that provides a service listed in Regulation 3(2) to consumers on or after and is not a microenterprise
What this law does
Regulation 5(1) allows an economic operator to place a product on the market or provide a service only if it complies with the accessibility requirements the Regulations specify for it. Products must meet Parts 1 and 2 of Schedule 1, services other than urban, suburban and regional transport services must meet Parts 3 and 4 of Schedule 1, and self-service terminals need meet Part 1 only.
Regulation 3(1) applies the Regulations to products placed on the market on or after , among them consumer general purpose computer hardware systems and their operating systems, payment terminals, cash machines, ticketing machines and check-in machines. Regulation 3(2) applies them to services provided to consumers on or after , among them electronic communications services and services providing access to audiovisual media services.
It also applies to consumer banking services, e-books and dedicated software, and e-commerce services. Regulation 14(1) requires a service provider to ensure that its service is designed and provided in accordance with the applicable accessibility requirements.
Regulation 14(2) requires the provider, before providing the service, to prepare the information Schedule 3 sets out on how the service meets those requirements and to make it available to the public in writing and in oral format, including in a manner accessible to persons with disabilities. Regulation 5(4) disapplies the service requirements and Regulation 14 to a service provided by a microenterprise.
The Competition and Consumer Protection Commission is the market surveillance authority for products. For services, Regulation 4(2) names the Central Bank of Ireland as the compliance authority for consumer banking services and the Competition and Consumer Protection Commission as the compliance authority for e-books and e-commerce services. A person who fails to comply with Regulation 5(1) commits an offence.
On summary conviction the penalty is a class A fine or imprisonment for up to 6 months or both, and on conviction on indictment a fine of up to EUR 60,000 or imprisonment for up to 18 months or both.
When LexLint raises it
When your app profile says your app ships a consumer interface, ships a mobile app, distributes a software product, provides telecom services or provides financial services.