PolandAct on ensuring that economic operators meet accessibility requirements for certain products and services, products covered and their accessibility requirements
Dz. U. 2024 poz. 731 art. 3 ust. 1, art. 7-11 i art. 19-21 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 place on the market a consumer general purpose computer hardware system or its operating system, a payment terminal, a self-service terminal (an ATM or cash deposit machine, a ticketing machine, a check-in machine, an interactive information terminal), consumer terminal equipment with interactive computing capability used for telecommunications services or for access to audiovisual media services, or an e-reader, make it meet the accessibility requirements of Articles 7 to 11 (Art. 3(1); implements Directive (EU) 2019/882, Art. 2(1) and Art. 4(1) and (2)).
- Make the labels, instructions and warnings on or in the product available through more than one sensory channel, presented so that they are understandable and perceivable, in a suitable font size and style with sufficient contrast and spacing (Art. 7(1) point 1; Annex I, Section I, point 1).
- Where the instructions for use are not on the product, make them publicly available another way, in particular on a website, put on the product or its packaging a note saying where, and include a non-text alternative, a description of the user interface, information on how the product meets Articles 8 to 11 and the solutions adopted, text formats usable for alternative and assistive communication, and a description of the software and hardware that connects the product to assistive tools with a list of the tools tested with it (Art. 7(1) point 2).
- Make the installation, maintenance, storage and disposal instructions and the information on the packaging accessible in the same way; this does not apply to terminals (Art. 7(1) points 3 and 4 and Art. 7(2); Annex I, Section II).
- Design the product, including its user interface, so that, among other things, communication, operation and control are available through more than one sensory channel, speech and visual elements have alternatives, color and audible signals are never the only carrier of information, volume, speed, magnification, brightness and contrast can be adjusted, manual operation allows sequential control and tactile discrimination, modes of operation avoid great reach or strength, photosensitive seizures are avoided, privacy is protected when accessibility features are used, an alternative to biometric identification is offered, functions are consistent, response time is long enough and adjustable, and software and hardware interface with assistive tools (Art. 8).
- Equip a terminal with speech synthesis in the language of the user interface, let it take a wired stereo headset, let a user start using the accessibility features without activating them, mark keys and switches with sufficient contrast and make them distinguishable by touch, warn through more than one sensory channel of any timed response and allow the time to be extended, and keep audio compatible with assistive tools including sound amplifiers (Art. 9).
- Equip an e-reader with speech synthesis in the language of the user interface (Art. 10).
- If you make consumer terminal equipment for telecommunications services that offers text as well as voice, enable real-time text and Hi-Fi sound, and where it also offers video, enable full conversation (voice, real-time text and video of a resolution that allows Polish Sign Language, synchronized); enable wireless connection to sound-amplifying assistive tools and avoid interference with them (Art. 11 point 1; Annex I, Section I, point 2(o)).
- If you make consumer terminal equipment used to access audiovisual media services, let the user reach, select, control and personalize the facilities for persons with disabilities that the audiovisual media service provider supplies, and work with assistive tools (Art. 11 point 2).
- For a feature or property of the product that Articles 7 to 18 do not cover, apply the functional criteria of Article 19(2), which cover use that involves vision, hearing, voice, manual operation or physical strength and the reach, simplicity and privacy of operation; you may apply them in place of one or more of the requirements where they give equivalent or greater accessibility (Art. 19).
- Where you provide support services for the product, such as technical help, call centers, relay services or training, give information on its accessibility and its compatibility with assistive tools in line with the Act's accessibility requirements, in particular Articles 12 and 13 (Art. 22).
- A product that conforms to the relevant harmonized standards or technical specifications, or parts of them, is presumed to meet the accessibility requirements to the extent those standards cover them (Art. 20(1); implements Directive (EU) 2019/882, Art. 15).
- The accessibility requirements apply only to the extent that compliance does not require a fundamental alteration of the basic nature of the product and does not impose a disproportionate burden; assess both, applying the cost, benefit and revenue criteria of Article 21(3) and counting the costs listed in Article 21(4), and document the assessment (Art. 21(1) to (5)).
- Keep the documentation of that assessment for five years from the last time the product was made available, give a certified copy to the PFRON President or the market surveillance authority on request, and tell the market surveillance authority in writing without delay if the assessment shows you need not meet a requirement; a microenterprise dealing in products is relieved of the documentation duties but must show its documents or circumstances on request (Art. 21(6) to (9)).
- You may not rely on the disproportionate-burden limit for a requirement where you received funding from a public or private source other than your own resources to meet that requirement (Art. 21(11)).
- The Act does not apply to products placed on the market before it entered into force on (Art. 84).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 73(1) point 1 fines a manufacturer that places on the market a product not meeting Articles 7 to 11 or 19, does not give in time, or gives false or misleading, information or documentation requested under Article 27(4), does not present evidence of corrective action within the period of Article 52(1) point 1, does not assess conformity under Article 23(2), or does not inform the authorities under Article 27(2). Article 73(2) point 1 fines an importer that places on the market products it knows or reasonably doubts meet the requirements without informing the manufacturer and the authorities, does not inform the authority under Article 29 point 10, does not give in time the information or documentation of Article 29 point 12, or does not present evidence within the period of Article 52(1) point 1. Article 73(2) point 2 fines a distributor that makes available products it reasonably doubts meet the requirements without informing the manufacturer, the importer and the authorities, does not inform the authority under Article 30 point 6, does not give in time the information or documentation of Article 30 point 7, or does not present evidence within the period of Article 52(1) point 1. 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 market surveillance system of Article 38(2), which consists of the President of the Management Board of PFRON, the market surveillance authorities and the customs authorities; for these products the market surveillance authority is the President of the Office of Electronic Communications (UKE), under Article 38(3) point 1
What it reaches
Instrument type
an act of a legislature
Applicability criteria
Article 84 provides that the Act does not apply to products placed on the market before it entered into force on .
- As of
- Combinator
- All of
- Criteria
- a product listed in Article 3(1) of the Act (consumer general purpose computer hardware systems and their operating systems, payment terminals, self-service terminals, consumer terminal equipment with interactive computing capability for telecommunications or audiovisual media access, e-readers)
What this law does
Article 3(1) applies the Act to consumer general purpose computer hardware systems and their operating systems. Article 3(1) applies the Act to payment terminals, being devices whose main purpose is to make payments with payment instruments at a physical point of sale.
Article 3(1) applies the Act to self-service terminals for services within the Act: cash machines and deposit machines, ticketing machines, check-in devices and interactive information terminals, except terminals installed as integrated parts of vehicles, aircraft, vessels and rolling stock.
Article 3(1) applies the Act to consumer terminal equipment with interactive computing capability used to offer or provide telecommunications services or access to audiovisual media services, and to e-readers. Among the conditions of Article 7(1) for meeting the product information requirement is that labels, instructions and warnings on or in the product are made available through several sensory channels.
Article 8 requires a product, including its user interface, to meet the minimum accessibility requirements it lists. Article 9(1) requires a terminal to be equipped with speech synthesis technology in the language of the user interface. Article 10 requires an e-reader to be equipped with speech synthesis technology in the language of the user interface. Article 19 requires an economic operator to apply functional criteria to the features of a product that Articles 7 to 18 do not cover.
Article 20(1) presumes that a product conforming to harmonized standards or technical specifications meets the accessibility requirements to the extent they cover. Article 21(1) applies the accessibility requirements only so far as compliance needs no fundamental alteration of the product or service and imposes no disproportionate burden. Article 84 provides that the Act does not apply to products placed on the market before it entered into force. The Act implements Directive (EU) 2019/882.
When LexLint raises it
When your app profile says your app distributes a software product.
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