PolandAct on ensuring that economic operators meet accessibility requirements for certain products and services, consumer complaints about accessibility and notifications to the PFRON President
Dz. U. 2024 poz. 731 art. 35-37 i art. 67-68 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 a consumer complains to you that your product or service does not meet an accessibility requirement, the importer, manufacturer, authorized representative or service provider examines the complaint; a distributor forwards it without delay to the operator that supplied the product and tells the consumer (Art. 35(2) and (3); Directive (EU) 2019/882, Art. 29).
- A complaint must give the consumer's name, a contact address, e-mail address or telephone number with the preferred way of contact, the product or service, and the requirement not met with the demand that it be met; a complaint without that information is left unexamined (Art. 36).
- Accept a complaint in writing (in person, by post or to an electronic delivery address), orally (by telephone or in person for the record) or electronically by the means you designate (Art. 37(1)).
- Examine the complaint and answer, in the way the consumer chose, within 30 days of receiving it; in an especially complicated case tell the consumer within that time why there is a delay and give a new date no later than 60 days from receipt (Art. 37(2) and (3)).
- If you miss the deadline, the complaint is regarded as examined in line with the consumer's demand, and you must carry out the demand within six months of receiving the complaint (Art. 37(4)).
- Include in the answer the outcome and, if the complaint is not upheld, the factual and legal reasons; if it is upheld, a date, not later than six months from the answer, for carrying out the demand; and the name and position of the person authorized to answer (Art. 37(5)).
- If the complaint is not upheld, tell the consumer of any appeal you provide for and how and when to appeal, of mediation or another out-of-court dispute mechanism if you provide for one, and of the right to notify the PFRON President under Article 67 (Art. 37(6)).
- Services offered or provided by microenterprises are outside the Act, its complaint procedure included (Art. 4 point 1).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
The President of the Management Board of PFRON, who receives notifications from anyone and examines them or forwards them to the competent market surveillance authority (Articles 67 and 68)
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- a complaint by a consumer to an economic operator that a product or service covered by the Act does not meet an accessibility requirement (Article 35(1))
What this law does
Article 35(1) gives a consumer the right to complain to an economic operator that a product or service does not meet the accessibility requirements. Article 35(2) provides that the importer, manufacturer, authorized representative or service provider examines the complaint. Article 36(3) provides that a complaint that lacks the required information is left unexamined. Article 37(2) requires the economic operator to examine the complaint and answer within 30 days of receiving it.
Article 37(3) allows a longer period in especially complicated cases, but not more than 60 days from receipt. Article 37(4) provides that if the deadline is missed the complaint is regarded as examined in line with the complainant's demand. Article 37(4) requires the economic operator to carry out the demand within six months of receiving the complaint. Article 67(1) lets anyone notify the PFRON President that a product or service does not meet the accessibility requirements.
Article 68(1) requires the PFRON President, within 30 days of a notification, to examine it or to forward it to the competent market surveillance authority, telling the person who made it of the forwarding where the notification gives the contact details of Article 67(3).
Article 42(1) requires the PFRON President or the market surveillance authority, at a consumer's request, to pass on within 30 days the information it holds on whether a product or service meets the accessibility requirements, or on the assessment the economic operator made.
When LexLint raises it
When your app profile says your app ships a consumer interface or distributes a software product.
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