PolandAct on ensuring that economic operators meet accessibility requirements for certain products and services, market surveillance, inspections, corrective orders, bans and fines
Dz. U. 2024 poz. 731 art. 38-66 i art. 73 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.
- Instrument type
- an act of a legislature
What it requires
- If an authority starts an inspection of your product or service, hand over the evidence and information it reasonably asks for, make documents available and allow copies, give written and oral explanations, let the inspector enter your premises and buildings used to offer the service, and hand over product samples free of charge; a business holding products or documents that fall within an inspection of another operator must make them available on request (Arts. 44 to 46 and 49).
- Keep the control sample in conditions that do not change its quality until the authority releases it (Art. 47(5)).
- Bear the test fees if the product is found not to meet the accessibility requirements; the State Treasury bears them if it does (Art. 48).
- If an inspection finds that a product does not meet a requirement and you did not make the Article 21(2) assessment, or made it or applied its criteria wrongly, make the assessment and present its results within the period the authority sets, which is not shorter than 60 days; if you do not, the authority opens proceedings (Art. 51(2) and (3)).
- If the authority finds a product non-compliant, take the corrective action needed or withdraw the product and show within the period it sets, not longer than 120 days from receipt of its call, that you did so; if it finds a service non-compliant, take the corrective action or stop offering the service and show that within the same period (Art. 52(1) point 1 and Art. 62(1) point 1).
- If the product or service endangers the health or safety of consumers, notify consumers in the way the authority specifies and show that you did (Art. 52(2) and Art. 62(2)).
- Comply with the decision that orders you to ensure the product or service meets the requirements or to carry out the duties not performed, to withdraw the product, to stop offering the service or not make the product available, or to notify consumers, and inform the authority of its execution in the way and time it sets; a decision may be made immediately enforceable where a consumer's interest requires it (Art. 56 and Art. 65).
- Comply with a ban on making the product available or on offering the service for up to 180 days, which the authority may extend until the proceedings end (Art. 52(1) point 2, Art. 54, Art. 62(1) point 2 and Art. 64).
- Pay a fine within 14 days from the day the decision imposing it becomes final, into the Accessibility Fund (Art. 73(5)).
- Services offered or provided by microenterprises are outside the Act (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 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. 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): the PFRON President, the market surveillance authorities named in Article 38(3) and the customs authorities
What this law does
Article 38(2) makes the PFRON President, the market surveillance authorities and the customs authorities the market surveillance system. Article 38(3) names the President of the Office of Electronic Communications as the authority for consumer computer hardware systems and operating systems, terminals, consumer terminal equipment, telecommunications services, audiovisual media access services, e-readers and e-book services.
Article 38(3) names the minister responsible for digitalization as the authority for e-commerce services and the Financial Ombudsman as the authority for retail banking services. Article 38(3) names the voivodeship road transport inspectors, the President of the Railway Transport Office and the President of the Civil Aviation Authority as the authorities for the services accompanying bus and coach, rail and air passenger transport.
Article 38(3) names the maritime office directors and the Director of the Inland Navigation Office in Bydgoszcz as the authorities for the services accompanying waterborne passenger transport. Article 43 lets the PFRON President or the market surveillance authority inspect a product or service where it has reasonable doubt that a requirement is not met.
Article 52(1) lets the authority call on an operator to take corrective action or withdraw a non-compliant product within a period not longer than 120 days and ban its availability for not more than 180 days. Article 56(1) lets the authority order by decision that a product be made to meet the requirements, be withdrawn or not be made available, or that consumers be notified.
Article 62(1) lets the authority call on a service provider to take corrective action or stop offering a non-compliant service within a period not longer than 120 days and ban the service for not more than 180 days. Article 65(1) lets the authority order by decision that a service be made to meet the requirements, be no longer offered, or that consumers be notified.
Article 73(1) subjects a manufacturer to a monetary fine for placing on the market a product that does not meet the requirements of Articles 7 to 11 or Article 19, and for the other breaches it lists. Article 73(1) subjects a service provider to a monetary fine for failing to ensure that the services it offers meet the requirements of Articles 12 to 19, and for the other breaches it lists.
Article 73(2) subjects an importer to a monetary fine for placing on the market products it knows, or has reasonable doubt, do not meet the requirements without informing the manufacturer and the authorities, and for the other breaches it lists. Article 73(2) subjects a distributor to a monetary fine for making available products about which it has reasonable doubt without informing the manufacturer, the importer and the authorities, and for the other breaches it lists.
Article 73(1) also fines a manufacturer that does not give in time, or gives false or misleading, information or documentation requested under Article 27(4), does not present evidence 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(1) also fines a service provider that 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.
Article 73(2) also fines an importer that 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) also fines a distributor that 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 under Article 73(1) and (2) is up to ten times the average monthly wage in the national economy for the previous year, as announced by the President of Statistics Poland, but not more than 10 % of the turnover achieved in the financial year before the year in which the fine is imposed. Article 73(3) provides that the PFRON President or the market surveillance authority imposes the fines by the decisions of Article 56(1) or Article 65(1).
Article 73(4) provides that the amount of a fine takes account of the extent and seriousness of the breach, the number of non-compliant products or services and the number of persons adversely affected. Article 73(7) provides that the proceeds of the fines are revenue of the Accessibility Fund. Article 88 brings Article 6 points 1, 2 and 5 to 9 and Article 39 point 6, into force 14 days after promulgation, ahead of the rest of the Act.
Article 69 applies Chapter 5 of the Entrepreneurs' Law to inspections, and Article 70 applies the Code of Administrative Procedure to the proceedings and to notifications, in matters the Act does not regulate. Article 72(1) requires the PFRON President to prepare a report on the functioning of the market surveillance system for each period of five calendar years.
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