ItalyLegislative Decree 82/2022 (implementing Directive (EU) 2019/882), supervision of services by the Agenzia per l'Italia Digitale, complaints, inhibiting measures and administrative fines for services
D.Lgs. 27 maggio 2022, n. 82, artt. 21 e 24
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If a service listed in Article 1(3) of Legislative Decree 82/2022 is found non-conforming, take the corrective measures the Agenzia per l'Italia Digitale requires within the reasonable and proportionate period it sets (Articles 21(1) and 21(4)); the decree has effect from (Article 25(1)). Articles 21 and 24 implement Articles 23 and 30 of Directive (EU) 2019/882.
- If you do not take the corrective measures in time, the Agency sets a reasonable period to block the specific service and, where necessary, to withdraw the mobile application from the store, or adopts measures inhibiting use of the service; the measures are revoked if you comply (Article 21(1)).
- Cooperate with the Agency, and give it the information it requests, in the activities of Article 12(5) and the last sentences of 13(3) and 13(4); a failure to cooperate is fined, save a reasoned refusal where the information could expose you to punitive administrative sanctions or a criminal offence (Article 24(3)).
- Where you are a legal person within Article 3(1-bis) of Law 4/2004, the fine of Article 9(1-bis) of that Law applies to you in every case (Article 24(1), second sentence).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 24(1) sets a fine of EUR 5,000 to EUR 40,000 for contravening Articles 3, 6(1) to (8), 8(1) to (7), 9(1) to (4), 10 and 12(1) to (4). Article 24(2) sets a fine of EUR 2,500 to EUR 30,000 for not complying with what the supervisory authority orders under Article 18(4) and Article 21(4). Article 24(3) sets a fine of EUR 2,500 to EUR 30,000 for failing to give due cooperation under Articles 6(9), 7(1), 8(8), 9(5), 11, 12(5), and the last sentences of 13(3) and 13(4). Article 24(4) excludes facts committed in procurement procedures governed by Legislative Decree 50/2016. A legal person within Article 3(1-bis) of Law 4/2004 incurs in every case the sanction of Article 9(1-bis) of that Law.
- Rule
- Fixed only
- As of
- Minimum
- 2,500
- Currency
- EUR
- Fixed cap
- 40,000
Who enforces it
Enforcement body
The Agenzia per l'Italia Digitale (AgID), the supervisory authority for services under Article 21(1) of the decree
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- a provider of a service listed in Article 1(3) of Legislative Decree 82/2022 that is not a microenterprise, which Article 2(1)(bb) defines as "un'impresa che occupa meno di 10 persone e realizza un fatturato annuo oppure un totale di bilancio annuo non superiore a 2 milioni di euro"
What this law does
Article 21(1) names the Agenzia per l'Italia Digitale as the supervisory authority for services and requires it, where it has sufficient grounds to consider a service non-compliant, to assess the service against each applicable requirement.
Where it finds that a service in Article 1(3), letters (a), (b), (c)(1) to (4), (d), (e) or (f), does not meet the requirements, Article 21(1) has the Agency require the provider to take corrective measures within a reasonable and proportionate period it sets.
If the provider does not act in time, Article 21(1) lets the Agency set a reasonable period to block the specific service and, where necessary, withdraw the mobile application from the store, or adopt measures inhibiting use of the service. Before inhibiting a transport service, Article 21(1) requires the Agency to obtain the opinion of the Transport Regulation Authority.
Article 21(2) directs the Agency to adopt guidelines for the implementation of Article 21, after the opinion of the Communications Authority for electronic communications and audiovisual media access services and of the Transport Regulation Authority for transport.
Article 21(3) charges the Agency to examine users' complaints, to verify conformity of the services including the Article 13 assessment, to verify that the provider adopted the corrective measures, and to ascertain the offences of Article 24 for services. Article 21(5) requires the Agency to inform the public, in accessible formats, of how complaints can be filed and of the resulting activities and decisions.
Article 21(6) gives the supervision of self-service terminals used for transport services to the public bodies that awarded or authorised the transport service. Article 24(1) punishes an operator that contravenes Articles 3, 12(1) to (4) and the other duties it lists, outside the exemptions of Articles 3(3) and 13(1), with an administrative fine of EUR 5,000 to EUR 40,000.
For a legal person within Article 3(1-bis) of Law 4/2004, Article 24(1) applies in every case the sanction of Article 9(1-bis) of that Law. Article 24(2) fines an operator that does not comply with what the supervisory authority orders under Article 21(4) between EUR 2,500 and EUR 30,000.
The Agenzia per l'Italia Digitale states that any person may file a complaint about an accessibility problem in a digital service listed in the decree, and that it will verify compliance and may ask the provider to take corrective measures. The Agency also states that the audiovisual media services of Article 3 of Legislative Decree 208/2021 are excluded from its competence and fall to the Autorità per le garanzie nelle comunicazioni (AGCOM) and the Ministry of Enterprises and Made in Italy.
The Agency's regulation on the exercise of its sanctioning power sets 90 days from receipt of the notice opening the proceedings for concluding the sanctioning procedure. The Agency states in its published answers that a provider within Article 3(1-bis) of Law 4/2004 that provides a service governed by the decree no longer has to file the accessibility declaration of Law 4/2004. Article 25(1) provides that the provisions of the decree have effect from .
When LexLint raises it
When your app profile says your app ships a consumer interface, ships a mobile app, provides telecom services or provides financial services.
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