PolandAct on ensuring that economic operators meet accessibility requirements for certain products and services, retail banking services
Dz. U. 2024 poz. 731 art. 16 i art. 5 pkt 30 ustawy o zapewnianiu spełniania wymagań dostępności niektórych produktów i usług przez podmioty gospodarcze
In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you offer or provide to consumers consumer credit or mortgage credit agreements, brokerage activities within Article 69(2) points 1, 2, 4 and 5 and (4) points 1, 2, 5 and 6 of the Act on Trading in Financial Instruments, electronic money services, services linked to a payment account, or payment services, meet the general service requirements of Article 12 (Art. 5 point 30; Art. 3(2) point 4).
- In addition, make the methods of consumer identification, electronic signature, security and payment services perceivable, functional, understandable and compatible (Art. 16 point 1; implements Directive (EU) 2019/882, Annex I, Section IV, point (e)(i)).
- Give information in Polish or, with the consumer's consent, in another language at level B2 of the Council of Europe Common European Framework of Reference for Languages (Art. 16 point 2; Annex I, Section IV, point (e)(ii)).
- The Act does not apply to services offered or provided by microenterprises (Art. 4 point 1).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 73(1) point 2 fines a service provider that does not ensure its services meet Articles 12 to 19, does not give in time, or gives false or misleading, the information requested under Article 32(2) point 7, does not present evidence within the period of Article 62(1) point 1, does not assess conformity under Article 32(1), or does not inform the authority under Article 32(2) point 6. Each fine is up to ten times the average monthly wage in the national economy for the preceding year, as announced by the President of Statistics Poland, and not more than 10% of the turnover achieved in the financial year before the year of the fine. The cap shown is ten times the PLN 8,903.56 announced for 2025, which governs a fine imposed in 2026; the turnover limit can lower it. The PFRON President or the market surveillance authority imposes the fine by decision, and it is paid into the Accessibility Fund within 14 days of the decision becoming final (Art. 73(3) and (5)).
- Rule
- Fixed only
- As of
- Currency
- PLN
- Fixed cap
- 89035.6
Who enforces it
Enforcement body
The Financial Ombudsman (Rzecznik Finansowy), the market surveillance authority for retail banking services under Article 38(3) point 3, within the market surveillance system of Article 38(2) that includes the PFRON President
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- a service provider that is not a microenterprise (mikroprzedsiębiorca): Article 4 point 1 provides that the Act does not apply to "usług oferowanych lub świadczonych przez mikroprzedsiębiorców" (services offered or provided by microenterprises)
What this law does
Article 16 requires retail banking services to make consumer identification, electronic signature, security and payment services perceivable, functional, understandable and compatible. Article 16 requires information to be given in Polish or, with the consumer's consent, in another language at level B2 of the Common European Framework of Reference for Languages.
Article 5 point 30 defines retail banking services as the banking and financial services offered or provided to consumers that it lists. Article 5 point 30 includes consumer credit agreements and mortgage credit agreements. Article 5 point 30 includes payment services within the Payment Services Act. Article 82 provides that the Financial Ombudsman is a market surveillance authority within the meaning of the Act.
Article 80 adds the Financial Ombudsman, to the extent necessary for its statutory tasks, as a new point of Article 12(1) of the Payment Services Act. Article 12(1) of the Payment Services Act lists the cases in which passing on information covered by professional secrecy does not breach the duty of professional secrecy.
When LexLint raises it
When your app profile says your app ships a consumer interface or provides financial services.
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