Post- och telestyrelsens föreskrifter om kriterier för bedömning av när ett tillgänglighetskrav inte ska gälla på grund av oproportionerligt stor börda (Post and Telecom Authority regulations on criteria for assessing disproportionate burden)
In force since .
An accessibility requirements rule binding public and private bodies.
- Instrument type
- a regulation made under an act
What it requires
- When you assess whether an accessibility requirement imposes a disproportionate burden, count the one-off organizational costs of additional accessibility staff, training and competence, a new process for including accessibility in development or service provision, guidance material, and reading the accessibility legislation (PTSFS 2024:7, s. 3).
- Also count the costs of ongoing manufacture and development: designing accessibility features, the manufacturing process, testing for accessibility, and documentation (PTSFS 2024:7, s. 4).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Section 39 of the Act sets the sanction fee (sanktionsavgift) at not less than SEK 10,000 and not more than SEK 10,000,000, determined by the seriousness and extent of the breach and the circumstances, reducible wholly or partly for special reasons, and payable to the State. The same range applies to a natural or a legal person, and the Act sets no turnover-based ceiling. No fee is decided in a minor case or where the breach underlies an application to impose a vite (sections 37 and 38). An order under sections 32 to 34 may also carry a vite (section 35), which the Vite Act (1985:206) sets at an amount likely to make the addressee comply, with no statutory ceiling.
- Rule
- Fixed only
- As of
- Minimum
- 10,000
- Currency
- SEK
- Fixed cap
- 10,000,000
Who enforces it
Enforcement body
The Swedish Post and Telecom Authority (PTS) as market surveillance authority for products and as supervisory authority for electronic communications, banking and e-commerce services, and the other supervisory authorities named in sections 29 to 31 of the Ordinance
What this law does
PTSFS 2024:7 sets criteria for an economic operator's assessment of when an accessibility requirement does not apply because of a disproportionate burden under section 7 of the Act and section 8 of the Ordinance.
Section 3 requires the following organizational one-off costs to be taken into account in assessing the net costs of compliance: additional staff with accessibility expertise, training and acquiring accessibility competence, a new process for including accessibility in product development or service provision, guidance material on accessibility, and the cost of reading the accessibility legislation.
Section 4 requires the following costs of ongoing manufacture and development to be taken into account: designing accessibility features, costs arising in the manufacturing process, testing for accessibility, and documentation. Section 37 of the Act allows a market surveillance authority or a supervisory authority to order an economic operator to pay a sanction fee for breach of section 8 of the Act and rules made under it.
When LexLint raises it
When your app profile says your app ships a consumer interface, ships a mobile app, provides telecom services, provides financial services or distributes a software product.
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