Act on Equalisation of Opportunities for Persons with Disabilities (ZIMI), Article 8, prohibition of disability discrimination in access to goods and services available to the public, and the fines of Article 36
In force since .
A disability discrimination rule binding public and private bodies.
What it requires
- The Act names no technical standard; the duty is a ban on discrimination on grounds of disability in access to goods and services available to the public, enforced by fines decided by the market inspectorate (Art. 8, 36).
- If you offer goods or services to the public, do not refuse to offer them to a person with a disability and do not offer them on different and worse terms than to others (Art. 8(1)-(2)).
- Take the measures that remove barriers to access, chiefly for accessibility of information, communication and other services and help in emergencies, taking account of every aspect of accessibility for persons with disabilities, and where necessary provide appropriate support such as readers and sign language interpreters, Braille labels and information in an easily readable and understandable form (Art. 8(3)).
- A measure is not required where it imposes a disproportionate burden on you, judged by your size and resources, your nature, the estimated costs, the possible benefits of better access for persons with disabilities and historic, cultural, artistic and architectural values (Art. 8(4)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 36(1) fines a domestic or foreign legal person, sole trader or self-employed individual EUR 2,500 to EUR 40,000 for not providing a person with a disability with access to goods and services available to the public under Article 8. Article 36(2) fines the responsible person EUR 250 to EUR 2,500, including the responsible person of a state body, a self-governing local community, a holder of public authority or a public service provider.
- Rule
- Fixed only
- As of
- Minimum
- 2,500
- Currency
- EUR
- Fixed cap
- 40,000
Who enforces it
Enforcement body
Market inspectorate (tržna inšpekcija) decides the offence under Art. 36(3); alleged breaches are handled under the law on the implementation of the principle of equal treatment (Art. 30).
Settledness
- As of
- Open questions
- Does "dostopnost do informacijskih, komunikacijskih in drugih storitev" in Article 8(3) reach a website or mobile application through which a private subject offers goods or services to the public?
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- a public or private subject that offers goods or services that are available to the public (Article 8(1) to (4)); Article 8(4) relieves a subject on which a measure would impose a disproportionate burden, judged by its size and resources, its nature, the estimated costs, the possible benefits to persons with disabilities and historic, cultural, artistic and architectural values
What this law does
Article 8(1) prohibits discrimination on grounds of disability in access to goods and services available to the public. Article 8(2) defines such discrimination chiefly as failing to offer goods and services available to the public to a person with a disability, or offering them on different and worse terms than to others.
Article 8(3) says the measures to remove barriers concern chiefly the accessibility of information, communication and other services and help in emergencies, and the duty of public and private subjects that offer goods and services to the public to take account of every aspect of their accessibility for persons with disabilities. Article 8(3) also names the removal of built barriers in the buildings where goods and services available to the public are offered.
Article 8(4) requires those measures unless they impose a disproportionate burden on the public or private subject, judged by its size and resources, its nature, the estimated costs, the possible benefits of better access for persons with disabilities and historic, cultural, artistic and architectural values. Article 8(5) leaves the minimum accessibility requirements for goods and services available to the public to the minister responsible for disability protection.
Article 36(1) fines a domestic or foreign legal person, sole trader or self-employed individual EUR 2,500 to EUR 40,000 for not providing a person with a disability with access to goods and services available to the public under Article 8. Article 36(2) fines the responsible person EUR 250 to EUR 2,500, including the responsible person of a state body, a self-governing local community, a holder of public authority or a public service provider.
Article 36(3) makes the market inspectorate the offence authority. Article 30 applies the provisions of the law on the implementation of the principle of equal treatment to the handling of alleged breaches of the prohibition of discrimination. Article 38(1) allowed at most five years from the entry into force of the Act for the adaptation of access to goods and services under Article 8.
Article 3(4) defines equalisation of opportunities as planned activity that makes public services, the built environment, goods and services intended for the public, information and communication accessible to all, above all to persons with disabilities. The unofficial consolidated text lists four amending acts after the ZIMI, the ZIMI-A to the ZIMI-D, the last in Uradni list RS 112/25, and carries the application date .
When LexLint raises it
When your app profile says your app ships a consumer interface.
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