RomaniaAct on accessibility requirements for products and services, services: duties of service providers and microenterprise exemption
Legea nr. 232/2022 art. 2 alin. (3)-(4) și (6), art. 4 alin. (1) și (3)-(5), art. 5, art. 13 și anexele nr. 1 (pct. 3-4) și 5 privind cerințele de accesibilitate aplicabile produselor și serviciilor
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2026. Publisher's page: https://legislatie.just.ro/Public/DetaliiDocument/257778In force since .
An accessibility requirements rule binding public and private bodies.
What it requires
- If you offer to consumers, after , electronic communications services (other than machine-to-machine transmission), services giving access to audiovisual media services, consumer banking services, e-books and dedicated software, or e-commerce services, or the websites, mobile services and applications, electronic tickets and ticketing services, travel information and interactive self-service terminals of air, rail, maritime or bus passenger transport, design and provide the service to the accessibility requirements of points 3 and 4 of Annex 1 (Art. 2(3) and (4), 4(1), 13(1); implements Directive (EU) 2019/882, Art. 2(2), Art. 4(1) and (3) and Art. 13(1)).
- Make the service's websites, online applications and mobile applications perceivable, usable, understandable and robust, give information on how the service works and on the accessibility features of the products it uses through more than one sensory channel, in text formats that assistive tools can use, and offer support services that give information on accessibility in accessible forms (Annex 1, point 3.1).
- If you provide an e-commerce service, give information on the accessibility of the products and services you sell where the responsible economic operator provides that information, and make the identification, security and payment functions delivered as part of the service, and the identification methods, electronic signatures and payment systems you provide, perceivable, usable, understandable and robust (Annex 1, point 4.1(g)).
- If you provide a consumer banking service, make identification methods, electronic signatures, security and payment services perceivable, usable, understandable and robust, and keep information at no more than level B2 of the Common European Framework of Reference for Languages (Annex 1, point 4.1(e)).
- If you provide an electronic communications service, offer real-time text beside voice, offer total conversation where video is offered, and keep emergency communications in voice, text and video synchronised (Annex 1, point 4.1(a)); if you provide a service giving access to audiovisual media services, offer perceivable, usable, understandable and robust electronic programme guides and deliver the access services in full, synchronised and under the user's control (Annex 1, point 4.1(b)).
- If you provide e-books, deliver audio and text in synchrony where the e-book has audio, keep its digital files from preventing assistive technologies from working, give access to the content, navigation within it and its file format including dynamic layout, allow alternative renderings interoperable with assistive technologies, make it identifiable through metadata on its accessibility features, and keep digital rights management from blocking accessibility features (Annex 1, point 4.1(f)).
- If you provide air, rail, maritime or bus passenger transport services other than urban, suburban and regional transport, give information on the accessibility of vehicles and infrastructure and on assistance, and on smart ticketing, real-time travel information and additional services, information screens being covered only where they are interactive and located in Romania (Art. 2(4)(d); Annex 1, point 4.1(c)); for urban, suburban and regional transport, make the self-service terminals used to provide the service accessible under point 1 of Annex 1 (Art. 4(3), Annex 1, point 4.1(d)).
- Prepare the information required by Annex 5, explain how the service meets the accessibility requirements, make it public in written and oral form including in a way accessible to persons with disabilities, and keep it as long as the service is available (Art. 13(2)(a) to (d); Directive (EU) 2019/882, Art. 13(2)).
- Keep procedures that keep the provision of the service in conformity, and take account of changes in the characteristics of the service, in the accessibility requirements and in the harmonised standards or technical specifications on which conformity is declared (Art. 13(3)).
- If the service does not meet the applicable accessibility requirements, inform the authorities of Article 19(1) at once, state the non-conformity and the corrective measures taken, and take corrective measures; supply, on a reasoned request, all information showing that the service meets the requirements, and cooperate with the authorities (Art. 13(2)(e) to (g)).
- Make the built environment that consumers use to reach the service, where it is under your responsibility, meet the accessibility requirements of Annex 3 (Art. 4(4) and Annex 3, which Romania adopted under the option of Directive (EU) 2019/882, Art. 4(4)).
- Article 4(5) exempts a microenterprise providing services from the accessibility requirements of Article 4(3) and any obligation relating to compliance with them; in the Act, Article 4(3) is the rule that holds urban, suburban and regional transport services to point 4 of Annex 1, while Directive (EU) 2019/882, Art. 4(5), exempts microenterprises providing services from all its service requirements. Article 3(1) point 12 defines a microenterprise as an enterprise that has fewer than 10 employees and whose annual turnover does not exceed the leu equivalent of EUR 2 million or whose annual balance sheet total does not exceed the leu equivalent of EUR 2 million.
- The Act does not apply to pre-recorded time-based media or office file formats published before , to maps and online mapping services where essential navigation information is given in an accessible digital format, to third-party content that you do not fund, develop or control, or to website and mobile application content that is an archive, meaning content that is neither updated nor edited after (Art. 2(6)).
- The court access of Article 26 and the contraventions of Article 27 do not apply to procurement procedures governed by Law 98/2016 and Law 99/2016 (Art. 26(2) and 27(6)).
- A service that meets the accessible-information duties of Regulation (EC) No 261/2004, Regulation (EC) No 1107/2006, Regulation (EC) No 1371/2007, Regulation (EU) No 1177/2010, Regulation (EU) No 181/2011 and Government Decision 108/2020 is treated as complying with the corresponding requirements of the Act (Art. 5; Directive (EU) 2019/882, Art. 5).
These lines are LexLint's reading of the law's text.
If you get it wrong
Private right of actionYes
Penalty structure
Article 27(1) fines a service provider between 6,000 and 12,000 lei for a breach of Article 13(1) (point f) or Article 13(3) (point h), between 7,000 and 15,000 lei for a breach of Article 13(2)(a) to (d) (point g) or Article 13(2)(e) (point i), and between 5,000 and 10,000 lei for a breach of Article 13(2)(f) and (g) (point j). Article 27(2) lets the officer who records the contravention also propose suspension or withdrawal of the approval, agreement or authorisation to carry on the activity (point (c)); the suspension of activity in point (b) names only the manufacturer, distributor or importer. The amounts are stated in lei. Government Ordinance 2/2001 applies to the contraventions (Article 27(7)). Article 27(1) applies only where the act is not committed in such conditions that it is a criminal offence under criminal law. An offender may pay half the minimum fine within 15 days of receiving or being notified of the record of the contravention (Government Ordinance 2/2001, Article 28(1)).
- Rule
- Fixed only
- As of
- Minimum
- 5,000
- Currency
- RON
- Fixed cap
- 15,000
Who enforces it
Enforcement body
The market surveillance authority is, by service: ANPC for consumer banking services (Article 19(1)(a)); ANCOM for electronic communications services (Article 19(1)(c)); ADR for e-books and dedicated software, e-commerce, and the websites and mobile device-based services of passenger transport (Article 19(1)(d)); CNA for services giving access to audiovisual media services (Article 19(1)(e)); the Ministry of Economy for the electronic tickets and electronic ticketing services of passenger transport (Article 19(1)(b)); and the Ministry of Transport and Infrastructure for passenger transport service information and interactive self-service terminals (Article 19(1)(f))
What it reaches
Instrument type
an act of a legislature
Applicability criteria
Article 4(5) provides: «Microîntreprinderile ce oferă servicii sunt scutite de obligația de a respecta cerințele de accesibilitate prevăzute la alin. (3) și de orice obligație legată de conformitatea cu cerințele respective» (microenterprises offering services are exempt from the obligation to comply with the accessibility requirements provided in paragraph (3) and from any obligation relating to compliance with those requirements). Paragraph (3) of Article 4 of the Act is the rule that holds urban, suburban and regional transport services to point 4 of Annex 1, while Article 4(5) of Directive (EU) 2019/882 exempts microenterprises providing services from all the service requirements of its Article 4(3). The definition in Article 3(1) point 12 keeps the Directive's disjunction: fewer than 10 employees, and an annual turnover or an annual balance sheet total not above the leu equivalent of EUR 2 million.
- As of
- Combinator
- All of
- Criteria
- a service provider that is not a microenterprise: Article 3(1) point 12 defines a microenterprise ("microîntreprindere") as an enterprise that has fewer than 10 employees ("sub 10 angajați") and whose annual turnover does not exceed the leu equivalent of EUR 2 million or whose annual balance sheet total does not exceed the leu equivalent of EUR 2 million
What this law does
Article 2(3) applies the Act to services provided to consumers after : electronic communications services other than machine-to-machine transmission, services giving access to audiovisual media services, consumer banking services, e-books and dedicated software, and e-commerce services.
Article 2(4) applies the Act to the websites, mobile services and applications, electronic tickets and ticketing services, travel information and interactive self-service terminals of air, rail, maritime and bus passenger transport, except urban, suburban and regional transport services, for which only the self-service terminals are covered.
Article 2(4)(d) has rail travel information given under Titles II and III of Annex I to Regulation (EC) No 1371/2007 and limits the information screens covered to interactive screens located in Romania. Article 3(1) point 20 defines consumer banking services as consumer credit contracts, electronic money, certain investment services, payment services and services linked to payment accounts.
Article 2(6) excludes from the Act pre-recorded time-based media and office file formats published before , certain online maps, third-party content that the operator does not fund, develop or control, and archives. Article 4(1) allows economic operators to provide only services that meet the accessibility requirements of points 3 and 4 of Annex 1. Article 4(3) holds urban, suburban and regional transport services to point 4 of Annex 1 only.
Article 4(4) requires the built environment used by consumers of the services of Article 2(3) and (4) to meet the accessibility requirements of Annex 3. Article 4(5) exempts microenterprises providing services from the accessibility requirements of Article 4(3) and from any obligation relating to compliance with them.
Article 4(3) of Directive (EU) 2019/882 sets the accessibility requirements for all services, with the exception it makes for urban, suburban and regional transport, and its Article 4(5) exempts microenterprises providing services from the requirements of that paragraph. Article 5 treats services that meet the accessible-information duties of the passenger-rights regulations as complying with the corresponding requirements of the Act.
Article 13(1) requires service providers to design and provide services in accordance with the accessibility requirements of the Act. Article 13(2)(a) to (d) require a service provider to prepare the information required by Annex 5, explain how the service meets the accessibility requirements, make that information public in written and oral form including in a way accessible to persons with disabilities, and keep it as long as the service is available.
Article 13(2)(e) to (g) require a service provider to inform the authorities of any non-conformity of the service and the corrective measures, to supply information on a reasoned request, and to cooperate with the authorities. Article 13(3) requires a service provider to keep procedures that keep the provision of the service in conformity and to take account of changes in the characteristics of the service, in the requirements and in the harmonised standards or technical specifications.
Annex 1 point 3.1 requires the provision of services to include accessible products, accessible information on how the service works, accessible websites and mobile applications that are perceivable, usable, understandable and robust, and support services that give information on accessibility. Annex 1 point 4.1 adds service-specific requirements for electronic communications services, audiovisual media access services, passenger transport, consumer banking, e-books and e-commerce.
Annex 1 point 4.1(e) requires consumer banking providers to offer identification methods, electronic signatures, security and payment services that are perceivable, usable, understandable and robust, and information no more complex than level B2 of the Common European Framework of Reference for Languages.
Annex 1 point 4.1(g) requires e-commerce providers to give information on the accessibility of the products and services sold and to make identification, security and payment functions perceivable, usable, understandable and robust.
Annex 1 point 4.1(f) requires e-books to deliver audio and text content in synchrony, not to prevent assistive technologies from working, to give access to the content, navigation and file format including dynamic layout, to allow alternative renderings interoperable with assistive technologies, to be identifiable through metadata on their accessibility features, and to keep digital rights management from blocking accessibility features.
Article 19(1) names the market surveillance authority by service: ANPC for consumer banking, ANCOM for electronic communications, ADR for e-books, e-commerce and the websites and mobile services of passenger transport, CNA for services giving access to audiovisual media, the Ministry of Economy for electronic tickets and electronic ticketing services, and the Ministry of Transport and Infrastructure for transport service information and interactive self-service terminals.
Article 27(1) makes the acts it lists contraventions unless they were committed in such conditions that, under criminal law, they are criminal offences. Article 27(1)(f) fines a service provider that breaches Article 13(1) between 6,000 and 12,000 lei. Article 27(1)(g) fines a service provider that breaches Article 13(2)(a) to (d) between 7,000 and 15,000 lei. Article 27(1)(h) fines a service provider that breaches Article 13(3) between 6,000 and 12,000 lei.
Article 27(1)(i) fines a service provider that breaches Article 13(2)(e) between 7,000 and 15,000 lei. Article 27(1)(j) fines a service provider that breaches Article 13(2)(f) and (g) between 5,000 and 10,000 lei. Article 27(5) has the control staff of ANCOM find the contraventions of Article 27(1)(f) to (j) for electronic communications services, and the president of ANCOM applies the sanction and the complementary measures by written resolution.
Article 27(5)(d) to (f) have the control bodies of ADR find the contraventions and apply the sanctions for e-books, e-commerce and the websites and mobile services of passenger transport, those of CNA for services giving access to audiovisual media services, and the control staff of the authorities coordinated by the Ministry of Transport and Infrastructure for transport service information and interactive self-service terminals.
Article 27(2) lets the officer who records the contravention propose, together with the fine, suspension or withdrawal of the approval, agreement or authorisation to carry on the activity; its point (b), suspension of activity, names only the manufacturer, distributor or importer.
Article 26(1) lets consumers, and public bodies, associations and other private legal entities acting for or in support of a complainant with its agreement, apply to the courts or to the authorities of Article 19(1) about an operator's non-compliance.
When LexLint raises it
When your app profile says your app ships a consumer interface, ships a mobile app, provides telecom services or provides financial services.
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