ItalyElectronic Communications Code (Legislative Decree 259/2003 as recast by Legislative Decree 207/2021), Article 98-vicies quater, equivalent access and choice for consumers with disabilities (implementing Directive (EU) 2018/1972, Article 111)
D.Lgs. 1 agosto 2003, n. 259, art. 98-vicies quater
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you provide publicly available electronic communications services, meet the requirements the Authority specifies so that consumers with disabilities have access to electronic communications services, including the related contract information of Article 98-quaterdecies, equivalent to that of all consumers (Article 98-vicies quater(1)(a)).
- Meet the requirements the Authority specifies so that consumers with disabilities benefit from the range of undertakings and services available to the majority of consumers (Article 98-vicies quater(1)(b)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 30(15) of the Code fines a violation of the provisions of Title III of Part III, and of Article 98-octies decies, with EUR 170,000 to EUR 2,500,000, which the Ministry or the Authority imposes according to their respective competences. Article 30(12) of the Code fines with EUR 240,000 to EUR 5,000,000 a person who does not comply with the regulatory acts adopted under the Code, which reaches the Authority's resolutions that specify the requirements. Article 30(27) provides that the Authority's sanctions under Article 30 may be reduced, up to one third, having regard to the minor extent of the violation, the action taken to remove or reduce its consequences and the operator's economic size, and Article 30(24) excludes payment of those sanctions in a reduced amount under Article 16 of Law 689/1981.
- Rule
- Fixed only
- As of
- Minimum
- 170,000
- Currency
- EUR
- Fixed cap
- 2,500,000
Who enforces it
Enforcement body
The Authority for Communications Guarantees (Autorità per le garanzie nelle comunicazioni, AGCOM) or the Ministry, according to their respective competences
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- provides publicly available electronic communications services (Article 98-vicies quater(1))
What this law does
Article 98-vicies quater of the Electronic Communications Code, Legislative Decree 259/2003 as recast by Legislative Decree 207/2021, derives from Article 111 of Directive (EU) 2018/1972. Article 111(1) of the Directive requires Member States to ensure that the competent authorities specify requirements to be met by providers of publicly available electronic communications services to ensure that end-users with disabilities have equivalent access and the same choice of undertakings and services.
Article 98-vicies quater(1) has the Authority specify the requirements that providers of publicly available electronic communications services must meet so that consumers with disabilities have access to electronic communications services, including the related contract information, equivalent to that of all consumers.
Article 98-vicies quater(1) also has the Authority specify the requirements so that consumers with disabilities benefit from the range of undertakings and services available to the majority of consumers. Article 98-vicies quater(2) has the Authority favour compliance with the relevant standards or specifications laid down under Article 39 when it adopts those measures. Resolution 98/23/CONS cites Article 98-vicies quater(1) as the basis for its measures for consumers with disabilities.
Resolution 281/24/CONS sets out Article 98-vicies quater as the basis for the Authority's measures for consumers with disabilities. Article 30(15) of the Code fines a violation of the provisions of Title III of Part III with EUR 170,000 to EUR 2,500,000. Article 30(12) of the Code fines a failure to comply with the regulatory acts adopted under the Code with EUR 240,000 to EUR 5,000,000.
Article 30(14) of the Code lets the Ministry, on the Authority's report and after notice of the charge, suspend the authorised activity for up to six months or revoke the general authorisation and any rights of use where a violation under paragraph 12 or 15 is particularly serious or is repeated more than twice in five years.
When LexLint raises it
When your app profile says your app provides telecom services.
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