ItalyAuthority for Communications Guarantees regulation on transparency in the offer of electronic communications services (Resolution 106/25/CONS, Annex B), Article 5(1), point 2.6, published information for end-users with disabilities
Delibera AGCOM n. 106/25/CONS, Allegato B, art. 5, comma 1, punto 2.6
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 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, in conformity with Union law harmonising the accessibility requirements of products and services and with Resolution 290/21/CONS as last amended by Resolution 281/24/CONS (Regulation, Article 5(1), point 2.6).
- Publish that information in a format accessible to consumers with disabilities (Article 98-quindecies(1) of the Code).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 12(1) of the regulation applies to a violation of Articles 3 to 7(1) and (2) the fine of Article 30(19) of the Code: EUR 25,000 to EUR 5,000,000, which the Ministry or the Authority imposes according to their competences, with an order to cease the violation and to refund sums wrongly charged to users. 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 that turnover. 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
a regulation made under an act
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 (Regulation, Article 2(2))
What this law does
Resolution 106/25/CONS of the Authority for Communications Guarantees was adopted on and published on the Authority's website on . Annex B to the resolution is the regulation on the protection of end-users in matters of transparency in the offer of electronic communications services and in the presentation of the calling number.
Article 2(1) of the regulation lays down how the provisions of Article 98-quindecies of the Code on transparency and the publication of information are applied. Article 2(2) applies Articles 3 to 6 to providers of internet access services or publicly available interpersonal communications services to the extent that they make the provision of those services subject to terms and conditions.
Article 5(1) requires those providers to publish the information it lists so that all end-users can make informed choices.
Point 2.6 of Article 5(1) lists the 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, in conformity with Union law harmonising the accessibility requirements of products and services and with Resolution 290/21/CONS as last amended by Resolution 281/24/CONS.
Article 98-quindecies(1) of the Code, which the regulation implements, requires that information to be published in a format accessible to consumers with disabilities. Article 12(1) applies to a violation of Articles 3 to 7(1) and (2) the fine of Article 30(19) of the Code. Article 30(19) of the Code sets that fine at EUR 25,000 to EUR 5,000,000, with a higher turnover-based ceiling in the most serious cases.
Article 12(2) requires operators to implement the regulation, apart from Articles 7 and 8, within six months of its publication on the Authority's website. Article 12(3) repeals and replaces Resolution 252/16/CONS from the implementation of those provisions.
When LexLint raises it
When your app profile says your app provides telecom services or ships a consumer interface.
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