ItalyElectronic Communications Code (Legislative Decree 259/2003 as recast by Legislative Decree 207/2021), Articles 98-quindecies(1) and 98-sedecies(1), accessible publication of service information and equivalent-access measures (implementing Directive (EU) 2018/1972, Articles 103 and 104)
D.Lgs. 1 agosto 2003, n. 259, artt. 98-quindecies, comma 1, e 98-sedecies, comma 1
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you provide internet access services or publicly available interpersonal communications services subject to terms and conditions, publish the information of Annex 9, unless the Authority publishes it itself, in a clear, comprehensive, machine-readable manner and in a format accessible to consumers with disabilities in accordance with Union law harmonising the accessibility requirements of products and services, and keep it updated (Article 98-quindecies(1)).
- Include in the published information the details of products and services, with the functions, practices, policies and procedures and changes in the operation of the service, intended specifically for end-users with disabilities (Article 98-quindecies(1) and Annex 9, point 2.6).
- Supply the information to the Authority before publication when it asks, and follow any further requirement the Authority specifies on the form of publication (Article 98-quindecies(1)).
- If the Authority requires it, publish complete, comparable, reliable, user-friendly and up-to-date information on the quality of your services and on the measures you have taken to ensure equivalent access for consumers with disabilities, to the extent that you control at least some elements of the network directly or through a service level agreement (Article 98-sedecies(1)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 30(19) of the Code fines a violation of Articles 98, 98-quindecies, 98-sedecies, 98-septiesdecies, 98-duodetricies and 98-undetricies with EUR 25,000 to EUR 5,000,000, which the Ministry or the Authority imposes according to their competences, and orders the violation to cease immediately; the Authority also orders the refund of sums wrongly charged to users within a term of not less than thirty days. Only in the most serious cases does the ceiling rise to 5% of the turnover in the last approved accounts at the notification of the charge, and for a violation of particular seriousness, or one repeated more than twice in five years, the Authority imposes a fine of not less than 2% and not more than 5% of the turnover in the last approved accounts before the notification of the charge. Articles 98-quindecies and 98-sedecies also sit in Title III of Part III, whose violation Article 30(15) fines with EUR 170,000 to EUR 2,500,000. Article 30(22) lets the Authority order the publication of a measure taken under Article 30(19), at the operator's expense. 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
- 25,000
- Currency
- EUR
- Fixed cap
- 5,000,000
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 internet access services or publicly available interpersonal communications services and makes the provision of those services subject to terms and conditions (Article 98-quindecies(1))
What this law does
Article 98-quindecies of the Electronic Communications Code, Legislative Decree 259/2003 as recast by Legislative Decree 207/2021, derives from Article 103 of Directive (EU) 2018/1972.
Article 98-quindecies(1) has the Authority ensure that, where providers of internet access services or publicly available interpersonal communications services make the provision of those services subject to terms and conditions, the Annex 9 information is published by all those providers or by the Authority itself in a format accessible to consumers with disabilities.
Annex 9, point 2.6, lists detailed information on products and services, including functions, practices, policies and procedures and changes in the operation of the service, intended specifically for end-users with disabilities. Article 98-quindecies(1) provides that the information is kept constantly updated and that the Authority may specify further requirements on the form in which it is published. Article 98-sedecies of the Code derives from Article 104 of Directive (EU) 2018/1972.
Article 98-sedecies(1) lets the Authority require providers of internet access services and publicly available interpersonal communications services to publish information on the quality of the services offered and on the measures taken to ensure equivalent access for consumers with disabilities, to the extent that they control at least some network elements directly or through a service level agreement.
Article 98-sedecies(1) provides that this information is supplied to the Authority on request before publication. Article 30(19) of the Code fines a violation of Articles 98-quindecies and 98-sedecies, with a higher ceiling in the most serious cases.
When LexLint raises it
When your app profile says your app provides telecom services or ships a consumer interface.
Back to the example · Lint your app
Page updated .