Act on ensuring that economic operators meet accessibility requirements for certain products and services, e-commerce services
Dz. U. 2024 poz. 731 art. 18 i art. 5 pkt 32 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 a service through a website or a mobile device, delivered electronically at the individual request of the consumer in order to conclude a contract, meet the general service requirements of Article 12 and, in addition, give information on the accessibility of the products or services you sell where you have supplied that information (Art. 18 point 1; Art. 5 point 32; implements Directive (EU) 2019/882, Annex I, Section IV, point (g)).
- Make the functions and methods of identification, security, electronic signature and payment that form part of the service perceivable, functional, understandable and compatible (Art. 18 point 2).
- 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 minister responsible for digitalization, the market surveillance authority for e-commerce services under Article 38(3) point 2, 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 18 requires e-commerce services to give information on the accessibility of products or services where the obligated economic operator supplied it. Article 18 requires the functions and methods of identification, security, payment and electronic signature to be perceivable, functional, understandable and compatible.
Article 5 point 32 defines e-commerce services as services offered or provided at a distance through websites and mobile devices, electronically and at the individual request of the consumer, in order to conclude a contract.
When LexLint raises it
When your app profile says your app ships a consumer interface or ships a mobile app.
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