Law / Poland

Act on ensuring that economic operators meet accessibility requirements for certain products and services, services covered, general accessibility requirements and duties of service providers

Dz. U. 2024 poz. 731 art. 3 ust. 2, art. 4, art. 12, art. 19-22, art. 32-33 i art. 85-86 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 listed in Article 3(2) (telecommunications services other than machine-to-machine transmission; access to audiovisual media services; the websites, mobile services and applications, electronic tickets, travel information and interactive self-service terminals that accompany bus, coach, waterborne, air and rail passenger transport; retail banking; e-books; e-commerce), make it meet the accessibility requirements of Articles 12 to 18 (implements Directive (EU) 2019/882, Art. 2(2) and Art. 4(1) and (3)).
  • Use, to offer or provide the service, products that meet the requirements of Articles 7 to 11 (Art. 12(1)).
  • Give information about the service, and about the accessibility features of products used in it and their interoperability with assistive tools, on paper or electronically, through more than one sensory channel, in an understandable way, in text formats usable for alternative and assistive communication, in a suitable font with sufficient contrast and spacing, with a non-text alternative; when electronic, make it perceivable, functional, understandable and compatible; and keep your websites and mobile applications uniform in the same four respects (Art. 12(2); Annex I, Section III).
  • For a feature or property of the service that Articles 12 to 18 do not cover, apply the functional criteria of Article 19(2); you may apply them in place of one or more requirements where they give equivalent or greater accessibility (Art. 19).
  • Where you offer support services such as technical help, call centers, relay services or training, give information on the accessibility of the product or service and its compatibility with assistive tools in line with the requirements of Article 12 and Article 13 (Art. 22).
  • Assess the conformity of the service with the accessibility requirements (Art. 32(1); implements Directive (EU) 2019/882, Art. 13).
  • State in your terms of service or an equivalent document, in writing and in a form accessible to persons with special needs under Article 12(2), information on the service, what is needed to use it and how it meets the accessibility requirements, and keep that information for as long as the service is on offer (Art. 32(2) points 1 and 3).
  • Give information on how the service is offered and monitored in a form accessible to persons with special needs, and take account of changes in how the service is offered, in the requirements and in the harmonized standards or technical specifications on which you declare conformity (Art. 32(2) points 2 and 4).
  • If the service does not meet the requirements, take the corrective action needed, and inform the market surveillance authority without delay of the non-conformity and the action taken (Art. 32(2) points 5 and 6).
  • On request of the PFRON President or the market surveillance authority, supply within the time set the information needed to show conformity, and cooperate on the corrective action (Art. 32(2) points 7 and 8).
  • In the information about the service, state either the current state of the conditions that let persons with special needs use the premises, public-use buildings and surrounding infrastructure used to provide the service, as far as they enable use of the service, or the accessibility certificate you hold under Article 19(1) of the Act of if one was issued (Art. 33).
  • The accessibility requirements apply only so far as compliance needs no fundamental alteration of the basic nature of the service and imposes no disproportionate burden; assess both, document the assessment, keep it for five years from the end of offering the service, give a certified copy on request, and tell the market surveillance authority in writing without delay if you need not meet a requirement (Art. 21(1) to (8)).
  • If you rely on the disproportionate-burden limit, repeat the assessment for the service at least every five years, each time the scope of the service or the way it is offered changes, and on request of the PFRON President or the market surveillance authority; the limit is not available for a requirement where you received funding from a source other than your own resources to meet it (Art. 21(10) and (11); Directive (EU) 2019/882, Art. 14).
  • The Act does not apply to services offered or provided by microenterprises (Art. 4 point 1; Directive (EU) 2019/882, Art. 4(5)).
  • The Act does not apply to maps and interactive maps, including geoportals, intended for navigation where address data and geographic position are presented in a digitally accessible way, or to content that you do not fund or create and that is not under your control (Art. 4 point 2).
  • The Act does not apply to urban transport services or to municipal, metropolitan, county, county-municipal and voivodeship passenger transport, except interactive self-service terminals providing information (Art. 4 point 3).
  • Until you may keep providing services under contracts concluded before on unchanged terms until they expire, and may keep providing similar services with products you used for them before that date (Art. 85(1) and (2); Directive (EU) 2019/882, Art. 32(1)).
  • Self-service terminals that you used lawfully for such services before may be used for similar services until the end of their economic useful life, but not longer than 20 years from the start of their use (Art. 85(3); Directive (EU) 2019/882, Art. 32(2)).
  • The Act does not apply to the content of websites and mobile applications that is pre-recorded time-based media published before , document files published before that date, or archived content not updated or edited since that date (Art. 86).

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 market surveillance system of Article 38(2), which consists of the PFRON President, the market surveillance authorities and the customs authorities; the market surveillance authority for the service is named in Article 38(3): the President of UKE for telecommunications, audiovisual media access and e-book services, the minister responsible for digitalization for e-commerce, the Financial Ombudsman for retail banking, and the transport authorities for passenger transport

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

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 3(2) applies the Act to services offered or provided to consumers. Article 3(2) lists telecommunications services, with the exception of transmission services used for machine-to-machine services, and access to audiovisual media services. Article 3(2) lists the services accompanying bus, coach, waterborne, air and rail passenger transport as regards websites, mobile services, electronic tickets and electronic ticketing services.

Article 3(2) lists retail banking, the distribution of e-books and e-commerce. Article 4 point 1 excludes services offered or provided by microenterprises from the Act. Article 4 point 2 excludes content that is not financed or created by the economic operator and is not under its control. Article 4 point 3 excludes urban transport services and municipal, metropolitan, county, county-municipal and voivodeship passenger transport, except the services of Article 3(2) point 3(e).

Article 12(1) requires products used to offer or provide services to meet the accessibility requirements of Articles 7 to 11. Article 12(2) requires information about the services offered and provided to be given on paper or electronically. Article 12(2) requires the uniformity of websites and mobile applications to be ensured by making them perceivable, functional, understandable and compatible.

Article 32(1) requires a service provider to assess the conformity of the service with the accessibility requirements. Article 32(2) requires a service provider to state in its terms of service or an equivalent document how the service meets the accessibility requirements. Article 32(2) requires a service provider to inform the market surveillance authority without delay of non-compliance of the service.

Article 33(1) requires the information on the service to state either the current state of accessibility of the premises used or the accessibility certificate the provider holds, if one was issued. Article 21(10) requires a provider that relies on the disproportionate-burden limit to repeat its assessment at least every five years. Article 85(1) lets service contracts concluded before the Act entered into force continue unchanged until they expire, but not beyond .

Article 85(3) lets non-compliant terminals used for services before the Act entered into force be used until the end of their economic useful life, but for no longer than 20 years from the start of their use. Article 86 excludes from the Act pre-recorded time-based media and document files published before it entered into force, and archived content not updated or edited since.

When LexLint raises it

When your app profile says your app ships a consumer interface or ships a mobile app.

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