NetherlandsImplementatiebesluit toegankelijkheidsvoorschriften elektronische communicatiediensten, accessibility requirements for electronic communications services
Besluit van 12 september 2024 Stb. 2024, 262 (Implementatiebesluit toegankelijkheidsvoorschriften elektronische communicatiediensten), op grond van art. 7a.2 en 7a.4 Telecommunicatiewet
In force since .
An accessibility requirements rule binding private bodies.
- Instrument type
- a regulation made under an act
As of .
What it requires
- If you provide an electronic communications service in the Netherlands and rely on the exception in Article 7a.2(4) of the Telecommunicatiewet, assess whether compliance with the accessibility requirements in Annex I, Sections III and IV(a), to Directive (EU) 2019/882 would lead to a fundamental alteration or impose a disproportionate burden (Implementatiebesluit Art. 2(1)).
- If you rely on the disproportionate-burden exception in Article 7a.2(4)(b), repeat the assessment at least once every five years, and again when the service changes or the Authority for Consumers and Markets asks for it (Art. 2(2)).
- Document the assessment, keep every relevant result for five years after the service was provided on the market, and give the Authority a copy on request (Art. 2(3)).
- Give the Authority information about your reliance on Article 7a.2(4) of the Telecommunicatiewet (Art. 2(4)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
Autoriteit Consument en Markt (Authority for Consumers and Markets), which supervises compliance with Chapter 7A of the Telecommunicatiewet and with the decree
What this law does
Article 2(1) requires a provider that relies on the exception in Article 7a.2(4) of the Telecommunicatiewet to assess whether compliance with the accessibility requirements in Annex I, Sections III and IV(a), to Directive (EU) 2019/882 leads to a fundamental alteration or a disproportionate burden. Article 2(2) requires a provider that relies on the disproportionate-burden exception to repeat the assessment at least once every five years.
Article 2(3) requires each provider to document the assessment and keep the results for five years. Article 2(4) requires a provider that relies on Article 7a.2(4) to give the Authority for Consumers and Markets information about it. Article 3(1) presumes the provision of electronic communications services to meet the requirements in Annex I, Sections III and IV(a), where it meets the harmonised standards or parts of them that relate to those requirements.
Article 5 enters the decree into force on . The Authority for Consumers and Markets supervises compliance with Chapter 7A of the Telecommunicatiewet and with the decree.
When LexLint raises it
When your app profile says your app ships a consumer interface or provides telecom services.