General Act of the Agency for Communication Networks and Services on the determination of information on the quality of public communications services, publication of measures for equivalent access for end users with disabilities (ZEKom-2, Article 199)
Splošni akt o določitvi informacij o kakovosti javnih komunikacijskih storitev Uradni list RS, št. 32/23, izdan na podlagi 199. člena Zakona o elektronskih komunikacijah
In force since .
An accessibility requirements rule binding public and private bodies.
- Conformance standard
- EN 301 549
What it requires
- If you provide access to public communications networks, internet access services or publicly available interpersonal communications services and control at least some network elements, directly or through a service level agreement, publish in one place, and update at least once a year, information on the measures that ensure equivalence in access for end users with disabilities (General Act, Art. 2).
- If you provide publicly available interpersonal communications services, publish at least the voice bandwidth, the properties of real-time text (a visually distinguishable display, a programmatically determinable direction, interoperability and responsiveness) and the properties of video transmission (resolution, frame rate and synchronisation) (General Act, Art. 4(1)).
- Publish whether you enable the measures listed in Annex 2 to the General Act (General Act, Art. 4(2)).
- Present the published data also in a way that is accessible to end users with disabilities, older people and persons with special needs, in line with ETSI EN 301 549 version 3.1.1 (General Act, Art. 5(2)).
- Make the published data easy to access, visible and understandable and found from your mobile application as well, with a link on the home page of your website (General Act, Art. 5(3)).
- Publish the data every year by 10 January for the whole of the previous year (General Act, Art. 5(4)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 299(1) of the ZEKom-2 fines a legal person EUR 1,000 to EUR 20,000, and a legal person that counts as a medium-sized or large company according to the company law EUR 50,000 to EUR 400,000, for the failures that it lists, among them not complying with the provisions of the general act issued on the basis of Article 199(1).
- Rule
- Fixed only
- As of
- Minimum
- 1,000
- Currency
- EUR
- Fixed cap
- 400,000
Who enforces it
Enforcement body
The Agency for Communication Networks and Services (Agencija za komunikacijska omrežja in storitve, AKOS) supervises the ZEKom-2 and the regulations and general acts made under it, except where Article 229 gives supervision to the Information Commissioner (Art. 287(1)).
What it reaches
Instrument type
a regulation made under an act
Applicability criteria
The General Act applies from , and the first annual publication fell due by for 2023 (Art. 5(4)).
- As of
- Combinator
- All of
- Criteria
- a provider of access to public communications networks, of internet access services or of publicly available interpersonal communications services that controls at least some network elements directly or through a service level agreement (General Act, Art. 2)
- for the measures of Article 4, a provider of publicly available interpersonal communications services (General Act, Art. 4(1) and (2))
- not an operator that is a microenterprise within the company-law classification and provides only interpersonal communications services independent of numbers (ZEKom-2, Art. 185(1))
What this law does
The General Act of AKOS on the determination of information on the quality of public communications services (Uradni list RS 32/23) is issued under the first and third paragraphs of Article 199 of the ZEKom-2. Article 199(1) of the ZEKom-2 lets AKOS prescribe that providers publish, in the same way as the information on the quality of their services, information on measures to ensure equivalence in access for end users with disabilities.
Article 2 of the General Act requires providers of access to public communications networks, of internet access services and of publicly available interpersonal communications services that control at least some network elements, directly or through a service level agreement, to publish in one place, and to update at least once a year, information on measures to ensure equivalence in access for end users with disabilities.
Article 4(1) requires providers of publicly available interpersonal communications services to publish at least the voice bandwidth, the properties of real-time text (a visually distinguishable display, a programmatically determinable direction, interoperability and responsiveness) and the properties of video transmission (resolution, frame rate and synchronisation). Article 4(2) requires those providers to publish whether they enable the measures listed in Annex 2 to the General Act.
Article 5(2) requires the published data to be presented also in a way that is accessible to end users with disabilities, older people and persons with special needs, in line with ETSI EN 301 549 version 3.1.1. Article 5(3) requires the published data to be easy to access, visible and understandable and found from the provider's mobile application as well, with the link on the home page of the provider's website.
Article 5(4) requires operators to publish the data every year by 10 January for the whole of the previous year, and for the first time by for 2023. The General Act took effect on . Article 185(1) of the ZEKom-2 lifts the provisions of the chapter that holds Article 199 from an operator that is a microenterprise within the company-law classification when it provides only interpersonal communications services independent of numbers.
Article 104(1) of Directive (EU) 2018/1972 is the source of the obligation, and it lets national regulatory authorities require providers to publish information on measures taken to ensure equivalence in access for end-users with disabilities. Article 299(1) of the ZEKom-2 fines a legal person EUR 1,000 to EUR 20,000, and a legal person that counts as a medium-sized or large company according to the company law EUR 50,000 to EUR 400,000, for the failures that it lists.
Those failures include not complying with the provisions of the general act issued on the basis of Article 199(1). Article 299(2) fines a sole trader or self-employed individual EUR 1,000 to EUR 20,000, and Article 299(3) fines the responsible person EUR 500 to EUR 10,000. Article 299(5) fines an individual EUR 1,000 to EUR 5,000. Article 303 of the ZEKom-2 allows the fast minor-offence procedure to set a fine higher than the lowest fine that the Act prescribes.
When LexLint raises it
When your app profile says your app provides telecom services, ships a consumer interface or ships a mobile app.
Back to the example · Lint your app
Page updated .